Your significant other popped the question – and you said “yes!” Let the wedding planning commence! You and your betrothed can’t wait to celebrate. Dinner, drinks and dancing at a local city event center sounds like an ideal part of your big day. If that’s the case, an item on the to-do list as important as the vows is limiting your liability risk when facilitating an event involving the service and consumption of alcohol.

You may have already learned about the potential liability a social host and an alcohol-serving establishment, such as a bar or restaurant, have when it comes to serving minors or incompetent individuals and over-serving obviously intoxicated patrons. For further information on the Social Host Liability Law and Dram Shop Liability, see this blog and this blog.

However, what if you are the host but not the person supplying and/or serving alcohol and the event center requires you to utilize their bar and staff for alcohol sales? In many cases the employer can be held liable if a bartender is acting within the scope of their employment and their actions cause a dependent and foreseeable harm, as long as there is no break of the casual link between the dram shop vendor’s fault and the injuries. See Stewart v. Ryan, 520 N.W.2d 39, 47 (N.D. 1994). Even so, is there anything else you need to worry about?

Lawfully Fun

The North Dakota Century Code and Administrative Code both dedicate sections to the subject of alcoholic beverages. Check with the event center management to ensure their bar has secured the appropriate license from the attorney general and a local license from the governing body of the city as outlined in Section 5-02-02. Furthermore, Section 5-02-01.1 defines the requirements for an event permit under retail licensing and the penalty for violation, which can result in a class B misdemeanor. As indicated in this section, the local governing body provides the permit as many alcohol beverage control laws fall into the confines of city ordinances.

Are you planning on offering complimentary signature cocktails or an “open bar” for the evening? Check your local ordinances. License-holders have restrictions on sale, service, or dispensing of alcoholic beverages. For instance, Grand Forks has implemented the Extreme Drink Specials Ordinance 21-0221(2)(A) which seeks to restrict extreme drink specials that encourage high-risk alcohol use. Case in point, it shall be unlawful for any license-holder to sell, offer to sell or deliver to any person an unlimited number of alcoholic beverages for a fixed price or an “all you can drink” basis with the exception of private functions or events not open to the public. Therefore it may be okay for you to have an open bar at your wedding reception as long as it remains an event not open to the general public.

An additional consideration is monitoring guests below the legal drinking age at the wedding reception. Section 5-02-06 outlines the prohibitions set for individuals under 21 years of age around alcohol consumption. A licensed bar and trained staff will know not to dispense alcoholic beverages to individuals under 21 years of age, but it doesn’t hurt to check with the event center management on related safety risk mitigation controls. Do they utilize wristbands or check IDs every time a drink is served? What will they do if a fake ID is discovered? Has the owner of the event center provided discretion on if individuals under 21 years of age are allowed to enter and remain on the licensed premises while alcohol is being sold or displayed? According to Section 05-02-06(5), an individual under 21 years of age may attend an event where alcoholic beverages are sold in accordance with the conditions of an event permit issued as previously discussed. However, you should confirm with the event center where their discretion lies and what their own rules and regulations are.

Other Checklist Items

Take your wedding planning one step further to limit your liability:

• Ensure there is a hotel accommodation within walking distance of the event or alternate transportation such as a ride share service or buses
• Provide food and water throughout the event
• Purchase special event liability insurance
• Inquire about law enforcement presence at the location
• Designate a person to handle any incidents that may arise

Conclusion

Be prepared and don’t let unknowns affect your dream day and potentially your happily ever after.

If you need guidance after an incident that occurred at your wedding event, reach out to the criminal defense team at SW&L Attorneys by calling 701-297-2890, or emailing us at: info@swlattorneys.com. Another wedding planning detail may involve premarital agreements. Our family law team can be accessed at the same phone number and email address. The information contained in this article and on this website is for informational purposes only. Do not rely on the information on this website as legal advice. Please refer to the full disclaimer here.