Underage Drinking

North Dakota

The policy topics, below, address statues and regulations related to underage drinking and access to alcohol.

Internal possession is not explicitly prohibited.

Notes:
INTERNAL POSSESSION: Although North Dakota does not prohibit Internal Possession as defined by APIS, beginning on August 1, 1999, it has a statutory provision that prohibits an individual under 21 from having "recently consumed" an alcoholic beverage. N.D. Cent. Code § 5-01-08. Laws that prohibit minors from having alcohol in their bodies, but which do so without reference to a blood, breath, or urine test, are not considered as prohibiting Internal Possession as defined by APIS.

Purchase is prohibited and there is NO ALLOWANCE for youth purchase for law enforcement purposes.

  • Beer: 18 for servers and 21 for bartenders
  • Wine: 18 for servers and 21 for bartenders
  • Spirits: 18 for servers and 21 for bartenders

Condition(s) that must be met in order for an underage person to sell alcoholic beverages:

  • manager/supervisor is present

Notes:
Any person who is eighteen years of age or older but under twenty-one years of age may be employed by the restaurant to serve and collect money for alcoholic beverages, if the person is under the direct supervision of a person twenty-one or more years of age, but may not be engaged in mixing, dispensing, or consuming alcoholic beverages.

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • No driver's license suspension procedure

Provision(s) targeting retailers:

  • Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
  • Retailers are permitted to seize apparently false IDs
  • Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid

BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation.

Applies to drivers under age 21.

Keg definition: greater than 6 gallons

Purchaser information collected:

  • purchaser's name and address
  • verified by a government-issued ID

Warning information to purchaser: Not Required

Deposit: not required

Provisions do not specifically address disposable kegs

No State-imposed liability for hosting underage drinking parties.