HB 1375 — North Dakota (2025) — Summary
Status and context
- Title: An act to create a new section to chapter 5-02 of the North Dakota Century Code (licensed premises serving alcohol and refusal to furnish photo identification); to amend § 5-02-10 (time frame to file a complaint against a licensed retailer); and to provide a penalty.
- Introduced: November 18, 2024.
- Final action shown: Placed on enrollment and filed with the Secretary of State on April 16, 2025. Legislative roll calls (enrollment) show strong passage: House 82–9, Senate 47–0.
Purpose / intent
- To (1) give peace officers explicit authority to request photo ID from persons reasonably suspected to be under 21 in an alcohol-licensed premises, (2) make refusal to produce such ID an infraction, and (3) clarify and tighten procedural timelines and notice requirements for filing and hearing complaints alleging violations by licensed alcoholic beverage retailers.
Key provisions
1. New section to chapter 5-02 — Proof of identification; refusal; penalty
- Peace officer authority: If a peace officer has reasonable and articulable suspicion that a person under 21 is in a licensed premises for a purpose prohibited by § 5-02-06, the officer may request the person to furnish a nondriver photo identification card or an operator’s license to verify age.
- Offense: Refusal to provide requested proof of identification is an infraction.
- Safe harbor / dismissal: If the person charged with the infraction produces a nondriver photo ID or operator’s license before final disposition showing they were 21 or older at the time of the officer’s request, the prosecuting attorney must dismiss the infraction.
- Amendment to § 5-02-10 — Hearing on alleged violations (procedures and timelines)
- Filing window: A person with information about an alleged violation by a licensed retailer may file an affidavit explaining the alleged violation with the attorney general, city attorney, or county/state’s attorney — but must do so within 14 days of the alleged violation.
- Scheduling and referral:
- City/state’s attorney: upon timely affidavit, must set the matter for hearing at the next regular meeting of the local governing body or forward the affidavit to the attorney general.
- Attorney general: upon timely affidavit, must set a hearing in the local county courthouse not less than 10 days after copies of the affidavit and notice of hearing are mailed to the licensee by registered mail.
- If the local governing body holds the hearing, a copy of the affidavit and notice must be mailed to the licensee by registered mail at least 5 days before the hearing.
- Record: Hearings conducted under the section must be recorded by stenographic notes or electronic recording.
Who is affected
- Individuals in licensed premises who are asked for ID (particularly those under 21).
- Peace officers conducting age-verification checks.
- Licensed retailers / licensees who may be subject to affidavits and hearings.
- City attorneys, state’s attorneys, and the attorney general (filing, scheduling, hearing responsibilities).
- Local governing bodies that may conduct hearings.
Penalty
- Refusal to furnish requested proof of identification is designated an infraction (non-criminal penalty); a timely produced ID proving legal age requires dismissal.
Notes and legislative history
- Earlier draft(s) circulated in committee included additional provisions (e.g., rules about compliance checks), but the enrolled version centers on ID refusal and complaint/hearing timeline amendments.
- The enrolled bill record shows passage in both chambers with wide margins and subsequent filing with the Secretary of State (04/16/2025).
