Page:2021 North Dakota Session Laws.pdf/260

Alcoholic Beverages CHAPTER 70

HOUSE BILL NO. 1223

(Representatives Ista, Adams, Mock, O'Brien, Roers Jones, Vetter)

(Senators Bakke, Heckaman, Kreun, Meyer)

AN ACT to amend and reenact section 5-01-08 of the North Dakota Century Code, relating to the penalty for an individual under twenty-one years of age who consumes, purchases, or possesses an alcoholic beverage; and to provide a penalty.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

32 SECTION 1. AMENDMENT. Section 5-01-08 of the North Dakota Century Code is amended and reenacted as follows:

5-01-08. Individuals under twenty-one years of age prohibited from using alcoholic beverages or entering licensed premises - Penalty.

1. Except as permitted in this section and section 5-02-06, an individual under twenty-one years of age may not manufacture or attempt to manufacture, purchase or attempt to purchase, consume or have recently consumed other than during a religious service, be under the influence of, be in possession of, or furnish money to any individual for the purchase of an alcoholic beverage.

2. An individual under twenty-one years of age may not enter any licensed premises where alcoholic beverages are being sold or displayed, except:

a. A restaurant if accompanied by a parent or legal guardian;

b. In accordance with section 5-02-06;

c. If the individual is an independent contractor or the independent contractor's employee engaged in contract work and is not engaged in selling, dispensing, delivering, or consuming alcoholic beverages;

d. If the individual is a law enforcement officer or other public official who enters the premises in the performance of official duty; or

e. If the individual enters the premises for training, education, or research purposes under the supervision of an individual twenty-one or more years of age with prior notification of the local licensing authority.

3. A violation of this section is a class B misdemeanorAn individual who violates this section is guilty of an infraction. For a violation of subsection 1 or 2, the court also shall sentence a violator to an evidence-based alcohol and drug education program operated under rules adopted by the department of human services under section 50-06-44.

32 Section 5-01-08 was also amended by section 1 of House Bill No. 1124, chapter 69, section 2 of House Bill No. 1247, chapter 352, and section 1 of Senate Bill No. 2264, chapter 176.