Title 5 — Alcoholic Beverages
4 chapters · 79 sections in this title.
N.D.C.C. § 05-02-10.1 Violations - Alcohol server training
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For a first violation taken against the retail licensee by a licensing authority for serving alcoholic beverages, the licensing authority shall accept as a mitigating factor the retail licensee provided to the licensee's employees alcohol server training that addressed intoxicati…
N.D.C.C. § 5-02-01 State and local retail license required - Penalty - Exception
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1. Except as otherwise provided in section 5-02-01.1, any person engaging in the sale of alcoholic beverages at retail without first securing an appropriate license from the attorney general and a local license from the governing body of any city, or if the business is located ou…
N.D.C.C. § 5-02-01.1 Event permit authorized - Penalty
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1. The local governing body may by permit authorize a qualified alcoholic beverage licensee licensed under this chapter to engage in the sale of alcoholic beverages at events designated by the permit. For purposes of this section, "qualified alcoholic beverage licensee" means a l…
N.D.C.C. § 5-02-02 Qualifications for license
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A retail license may not be issued to any person unless the applicant files a sworn application, accompanied by the required fee, showing the following qualifications: 1. The applicant, other than an organization, must be a legal resident of the United States and be a person of g…
N.D.C.C. § 5-02-03 Local license fees
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The fee for an annual local on and off sale liquor license must be set by ordinance or resolution at not less than two hundred dollars nor more than two thousand dollars, except outside the corporate limits of a city the fee shall not exceed one thousand dollars. The fee for an a…
N.D.C.C. § 5-02-04 State license fee
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The fee for an annual state beer or liquor license is fifty dollars each, except in cities over five hundred population at the last federal decennial census, the fee is one hundred dollars for each license. The fee for an annual state license will be charged on a calendar-year ba…
N.D.C.C. § 5-02-05 Dispensing prohibited on certain days - Penalty
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A person may not dispense or permit the consumption of alcoholic beverages on a licensed premises between two a.m. and eight a.m., on Christmas Day, or after six p.m. on Christmas Eve. In addition, a person may not provide off sale after two a.m. on Thanksgiving Day or between tw…
N.D.C.C. § 5-02-05.1 Sunday alcoholic beverage permit - Penalty
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Repealed by S.L. 2017, ch. 104, § 2. 5-02-05.2. Local approval of Sunday beer and wine sales by eating establishments - Fee. Repealed by S.L. 1993, ch. 63, § 6. 5-02-06. Prohibitions for individuals under twenty-one years of age - Penalty - Exceptions. 1. Except as permitted in t…
N.D.C.C. § 5-02-07 Sale of other items restricted - Penalty
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 5-02-07.1 Sale of alcoholic beverages in exchange for goods prohibited
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Any licensee engaged in the retail sale of alcoholic beverages who accepts goods, chattels, or other tangible personal property, other than money, checks, legal tender, negotiable instruments, or other evidences of debt, in exchange for any alcoholic beverages is guilty of a clas…
N.D.C.C. § 5-02-07.2 Sale of beer in kegs - Registration and marking required
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1. Any retail alcoholic beverage licensee who sells beer in a container with a liquid capacity greater than six gallons [22.71 liters] must place the licensee's state retail alcoholic beverage license number on the container and also must mark the container with a "registration" …
N.D.C.C. § 5-02-08 Disorderly conduct prohibited - Penalty
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 5-02-09 Local regulations
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The local governing body by ordinance or resolution may regulate or restrict the operation of licensees, including among other things determining the number of licenses to be granted, establishing health and safety standards for licensed premises, setting of hours, regulation of …
N.D.C.C. § 5-02-09.1 Attorney general to adopt rules
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The attorney general pursuant to chapter 28-32 shall adopt rules necessary to carry out the provisions of this chapter.
N.D.C.C. § 5-02-10 Hearing on alleged violations
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1. If a person has information that a licensed retailer of alcoholic beverages has violated any provision of this title, the person may file with the attorney general, city attorney, or state's attorney an affidavit specifically explaining the violation within fourteen days of th…
N.D.C.C. § 5-02-11 Suspension or revocation of license - Appeal
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If after such hearing the attorney general or local governing body finds the violation charged in the affidavit has been proved by the evidence, an order must be served on the licensee revoking or suspending the licensee's license for a period of time. Such action may be appealed…
N.D.C.C. § 5-02-12 Witnesses - Subpoena - Fees
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The attorney general or a member of the local governing body has the power to administer oaths and subpoena and examine witnesses. Any witness called by the prosecution, except a peace officer while on duty, shall receive the same fees and mileage as a witness in a civil case in …
N.D.C.C. § 5-02-13 Removal of wine from restaurant
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If a full bottle of wine has been opened and the contents partially consumed, a retail alcoholic beverage licensee whose gross sales of food are at least thirty percent of the gross sales of alcoholic beverages consumed on the premises may permit an individual purchasing the bott…