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Underage Drinking

North Dakota

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

Possession is prohibited with NO EXCEPTIONS.

Consumption is prohibited with NO EXCEPTIONS.

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.

Furnishing is prohibited with NO EXCEPTIONS.

  • 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.

  • Beer: 21
  • Wine: 21
  • Spirits: 21

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 use/lose law.

No State-imposed liability for hosting underage drinking parties.