• 2010 - Alcoholic Beverages to a Person Under 21 Years of Age Good Faith Defense
  • C-5.20
    • Alcoholic Beverages
    • Children And Minors
    • Deliberations
    • Dram Shop Act
    • Tort Liability
    • Tort Liability

  • The establishment of the following facts by a person making a sale of alcoholic beverages to a person under 21 years of age constitutes a defense:

     

    1) The purchaser falsely represented and supported with other documentary proof that the purchaser was at least 21 years of age; and

     

    2) The appearance of the purchaser was such that an ordinary and prudent person would believe the purchaser to be at least 21 years of age; and

     

    3) The sale was made in good faith and in reliance on the representation and appearance of the purchaser in the belief that the purchaser was at least 21 years of age.

    • 5-01-08.1
    • 5-01-08.2
    • State v. Smokey’s Steakhouse, Inc., 478 NW2d 361, 363 (ND 1991) (holding NDCC 5-01-8.2 requires each fact be satisfied in order to qualify for this presumption).
  • Notes: A vendor that does not keep a book of the kind required by NDCC 5-01-08.1 is not entitled to this instruction. Ross v. Scott, 386 NW2d 18 (ND 1986).