beverages or entering licensed premises - Penalty. 1. Except as permitted in this section and section 5 -02-06, 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. 2. An individual under twenty -one years of age may not enter any licensed premises where alcoholic beverages are being sold or displayed, except: a. A restaurant if accompanied by a parent or legal guardian; b. In accordance with section 5-02-06; c. If the individual is an independent contractor or the independent contractor's employee engaged in contract work and is not engaged in selling, dispensing, delivering, or consuming alcoholic beverages; d. If the individual is a law enforcement officer or other public official who enters the premises in the performance of official duty; or e. If the individual enters the premises for training, education, or research purposes under the supervision of an individual twenty -one or more years of age with prior notification of the local licensing authority. 3. An individual who violates this section is guilty of an infraction . For a violation of subsection 1 or 2, the court also may sentence a violator to an evidence-based alcohol and drug education program operated under rules adopted by the department of health and human services under section 50 -06-44. For a second or subsequent violation of subsection 1 or 2, the court also shall sentence a violator to an evidence-based alcohol and drug education program operated under rules adopted by the department of health and human services under section 50-06-44. 4. The court, under this section, may refer the individual to an outpatient addiction facility licensed by the department of health and human services for evaluation and appropriate counseling or treatment. 5. The offense of consumption occurs in the county of consumption or the county where the offender is arrested. 6. An individual under twenty -one 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 twenty -one 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 who may be immune for any one occurrence is five individuals.
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