19.8098.01000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2114
of North Dakota
Introduced by
Judiciary Committee
(At the request of the Department of Human Services)
1 A BILL for an Act to amend and reenact section 5-01-08 of the North Dakota Century Code,
2 relating to the penalty for individuals under twenty-one years of age using alcoholic beverages
3 or entering licensed premises; and to provide a penalty.
4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5 SECTION 1. AMENDMENT. Section 5-01-08 of the North Dakota Century Code is amended
6 and reenacted as follows:
7 5-01-08. Individuals under twenty-one years of age prohibited from using alcoholic
8 beverages or entering licensed premises - Penalty.
9 1. Except as permitted in this section and section 5-02-06, an individual under
10 twenty-one years of age may not manufacture or attempt to manufacture, purchase or
11 attempt to purchase, consume or have recently consumed other than during a
12 religious service, be under the influence of, be in possession of, or furnish money to
13 any individual for the purchase of an alcoholic beverage.
14 2. An individual under twenty-one years of age may not enter any licensed premises
15 where alcoholic beverages are being sold or displayed, except:
16 a. A restaurant if accompanied by a parent or legal guardian;
17 b. In accordance with section 5-02-06;
18 c. If the individual is an independent contractor or the independent contractor's
19 employee engaged in contract work and is not engaged in selling, dispensing,
20 delivering, or consuming alcoholic beverages;
21 d. If the individual is a law enforcement officer or other public official who enters the
22 premises in the performance of official duty; or
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1 e. If the individual enters the premises for training, education, or research purposes
2 under the supervision of an individual twenty-one or more years of age with prior
3 notification of the local licensing authority.
4 3. A violation of this section is a class B misdemeanor. For a violation of subsection 1
5 or 2, the court also shall sentence a violator to an evidence-based alcohol and drug
6 education program operated under rules adopted by the department of human
7 services under section 50-06-44.
8 4. The court, under this section, may refer the individual to an outpatient addiction facility
9 licensed by the department of human services for evaluation and appropriate
10 counseling or treatment.
11 5. The offense of consumption occurs in the county of consumption or the county where
12 the offender is arrested.
13 6. An individual under twenty-one years of age is immune from criminal prosecution
14 under this section if that individual contacted law enforcement or emergency medical
15 services and reported that another individual under twenty-one years of age was in
16 need of medical assistance due to alcohol consumption, provided assistance to the
17 individual in need of medical assistance until assistance arrived and remained on the
18 scene, or was the individual in need of medical assistance and cooperated with
19 medical assistance and law enforcement personnel on the scene. The maximum
20 number of individuals that may be immune for any one occurrence is five individuals.
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Statutes affected:
INTRODUCED: 5-01-08
Enrollment: 5-01-08