[Ord. No. 550, § II, 8-28-1979; Ord. No. 722, 9-12-1989; amended 7-27-2021 by Ord. No. 1128]
Except as permitted in this chapter, 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.
[Ord. No. 550, § II, 8-28-1979]
It shall be unlawful for any person to purchase or procure for
any minor any form of alcoholic beverages or to furnish or deliver
any such alcoholic beverages to any minor.
[Ord. No. 550, § II, 8-28-1979]
[Ord. No. 550, § II, 8-28-1979]
It shall be unlawful for any licensee or any of his agents, servants, or employees to permit any minor to enter or be upon the premises where alcoholic beverages are sold or are allowed to be sold unless such minor qualifies for one of the exceptions hereinafter specifically set forth in Section 3-18 of this Article II.
[Ord. No. 550, § II, 8-28-1979; Ord. No. 628, § 1, 2-28-1984; Ord. No. 821, 8-25-2000; amended 7-27-2021 by Ord. No. 1128]
(a)
An individual under 21 years of age may not enter any licensed premises
where alcoholic beverages are being sold or displayed, except:
(1)
A restaurant if accompanied by a parent or legal guardian;
(2)
In accordance with Subsection (b) below;
(3)
If the individual is an independent contractor or the independent
contractor's employee engaged in contract work and is not engaged
in selling, dispending, delivering, or consuming alcoholic beverages;
(4)
If the individual is a law enforcement officer or other public official
who enters the premises in the performance of official duty;
(5)
If the individual enters the premises for training, education, or
research purposes under the supervision of an individual 21 years
or more years of age with prior notification of the local licensing
authority.
(b)
At the discretion of the owner of the licensed premises, an individual
under 21 years of age may be permitted to enter and remain in a restaurant
where alcoholic beverages are being sold and in the area of the restaurant
designated for the opening or mixing of alcoholic beverages if the
individual:
(1)
Is accompanied by a parent or guardian;
(2)
Is not seated at or within three feet (0.91 meters) of the bar counter;
and
(3)
Does not enter or remain in the designated area after 10:00 p.m.
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An individual under 21 years of age may be permitted to remain
in a restaurant where alcoholic beverages are opened or mixed and
gross sales of food are at least equal to gross sales of alcoholic
beverages which are consumed in the dining area, or if the individual
is employed by the restaurant as a food waiter, food waitress, busboy
or busgirl under the direct supervision of an individual 21 years
of age or older and is not engaged in the sale, dispensing, delivery,
or consumption of alcoholic beverages.
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[Ord. No. 550, § II, 8-28-1979]
It shall be unlawful for any licensee, or any of his agents,
servants, or employees, to sell, dispense, or deliver alcoholic beverages
to a minor, or to permit the consumption of alcoholic beverages upon
the licensed premises by any minor, or to permit any sale, dispensing,
or delivering of any alcoholic beverages to any minor.
[Ord. No. 550, § II, 8-28-1979]
No licensee shall permit any minor to be furnished with any
alcoholic beverages on the premises for which a license is granted
and issued pursuant to this chapter.
[Ord. No. 550, § II, 8-28-1979]
Before selling, serving, dispensing or delivering to any person
any alcoholic beverages, or permitting a person to enter or be upon
the premises where any form of alcoholic beverages is sold or offered
for sale, a licensee, his agent, servant, or employee, may require
a statement in writing and signed by such person of such person's
age, in addition to requesting support of such age with other documentary
proof such as a driver's license, a birth certificate, or other identification
showing such persons' age.
[Ord. No. 550, § II, 8-28-1979]
It shall be unlawful for any minor to make any false statement
or to furnish, present or exhibit any false or fictitious registration
card or other documentary proof or evidence for the purpose of gaining
admission to any place where his presence is prohibited or for the
purpose of procuring the sale, delivery or furnishing to him or any
alcoholic beverages for consumption or otherwise, or to in any other
manner misrepresent or misstate his age or the age of any other person
for the purpose of purporting to show such person to be of legal age
to purchase, consume, or otherwise take possession of alcoholic beverages.
[Ord. No. 550, § II, 8-28-1979]
It shall be the duty of any person who is the proprietor or
keeper of a licensed premises to post conspicuously in his place of
business the following sign: "Persons under the age of 21 years not
allowed here."
[Ord. No. 592, § 3-23-1982; amended 7-27-2021 by Ord. No. 1128]
Except as permitted in this chapter, any person under the age of 21 years of age purchasing, attempting to purchase, or being in possession of alcoholic beverages, or furnishing money to any person for such purchase, or entering any licensed premises where alcoholic beverages are being sold or displayed, is guilty of an infraction. For a violation of § 3-14, § 3-15, and § 3-16, the court also may sentence a violator to an evidence-based alcohol and drug education program operated under rules adopted by the department of human services under N.D.C.C. 50-06-44.
[Added 7-27-2021 by Ord.
No. 1128]
(a)
The court, under this section, may refer the individual to an outpatient
addiction facility licensed by the department of human services for
evaluation and appropriate counseling or treatment.
(b)
The offense of consumption occurs in the county of consumption or
the county where the offender is arrested.
(c)
An individual under 21 years of age is immune from criminal prosecution
under this section if that individual contacted law enforcement or
emergency medical services and reported that another individual under
21 years of age was in need of medical assistance due to alcohol consumption,
provided assistance to the individual in need of medical assistance
until assistance arrived and remained on the scene, or was the individual
in need of medical assistance and cooperated with medical assistance
and law enforcement personnel on the scene. The maximum number of
individuals that may be immune for any one occurrence is five individuals.
(d)
For purposes of this article, an individual is not 21 years of age
until 8:00 a.m. on that individual's twenty-first birthday.
