AN ACT to create and enact a new section to chapter 5-02 of the North Dakota Century Code, relating to a licensed premises serving alcohol and refusal to furnish a photo identification; to amend and reenact section 5-02-10 of the North Dakota Century Code, relating to the time frame to file a complaint against a licensed retailer of alcoholic beverages; and to provide a penalty.
Summary
HB 1375 creates a new offense tied to underage presence in a licensed alcohol premises when a peace officer has reasonable and articulable suspicion that the individual is there for a prohibited purpose under existing alcohol laws. In that situation, the officer may request a nondriver photo ID or operator’s license to verify age. If the individual refuses to provide identification, the person commits an infraction. The bill also allows dismissal of the infraction if the person later produces valid identification showing they were 21 or older at the time of the request.
The bill also shortens and clarifies the complaint process for alleged violations by licensed retailers of alcoholic beverages under section 5-02-10. It requires a person with information about a violation to file an affidavit within 14 days of the alleged violation, and it preserves the existing process for hearings before a local governing body or the attorney general, with notice and recordkeeping requirements. Overall, the measure strengthens enforcement tools for alcohol-related age verification and complaint procedures within North Dakota’s liquor licensing laws.
Impact
HB 1375 amends chapter 5-02 of the North Dakota Century Code by adding a new infraction for refusing to provide photo identification to a peace officer under specified circumstances at a licensed alcohol premises, and by revising the timeline and procedure for filing complaints against licensed retailers of alcoholic beverages. It affects individuals present in bars or other licensed premises, peace officers, prosecutors, and license holders subject to complaint and hearing procedures under state alcohol law.
Sentiment
The bill appears to have broad support, passing the Senate unanimously and the House by comfortable margins on second reading and final House action. The vote totals suggest the measure was generally viewed favorably as an enforcement and administrative clarification bill rather than a controversial policy change. No committee transcript was provided, so the available record shows support in both chambers but does not include detailed debate.
Contention
The main potential point of contention is the new authority for peace officers to demand identification based on reasonable and articulable suspicion that a person under 21 is in a licensed premises for a prohibited purpose, and the creation of an infraction for refusing that request. Critics could view this as expanding police discretion or creating a penalty for refusal even before age is confirmed, while supporters would likely frame it as a practical tool to enforce underage drinking laws. The complaint-deadline change may also matter to licensees and complainants because it imposes a firm 14-day filing window for alleged violations.
AN ACT to create and enact a new section to chapter 5-02 of the North Dakota Century Code, relating to a licensed premises serving alcohol and refusal to furnish a photo identification; to amend and reenact section 5-02-10 of the North Dakota Century Code, relating to the time frame to file a complaint against a licensed retailer of alcoholic beverages; and to provide a penalty.
A BILL for an Act to amend and reenact section 53-06.1-01 of the North Dakota Century Code, relating to the definition of alcoholic beverage establishment.
A BILL for an Act to create and enact a new section to chapter 54-05.1 of the North Dakota Century Code, relating to restrictions on legislative lobbyists; to amend and reenact section 54-05.1-07 of the North Dakota Century Code, relating to penalties for legislative lobbyists; and to provide a penalty.
A BILL for an Act to create and enact three new sections to chapter 12.1-30 of the North Dakota Century Code, relating to Sunday closing laws; to amend and reenact section 12.1-30-04 of the North Dakota Century Code, relating to Sunday closing laws and retail agreements; and to provide a penalty.
A BILL for an Act to create and enact a new section to chapter 20.1-03 of the North Dakota Century Code, relating to nonresident upland and small game licenses; and to amend and reenact section 20.1-03-07 of the North Dakota Century Code, relating to nonresident hunting licenses.