§ 25-781. Sale to minors or intoxicated persons prohibited.
(a) The sale or delivery of alcoholic beverages to the following persons is prohibited:
(1) A person under 21 years of age, either for the person's own use or for the use of any other person, except as provided in § 25-784(b);
(2) An intoxicated person, or any person who appears to be intoxicated; or
(3) A person of notoriously intemperate habits.
(b) A retail licensee shall not permit at the licensed establishment the consumption of an alcoholic beverage by any of the following persons:
(1) A person under 21 years of age;
(2) An intoxicated person, or any person who appears to be intoxicated; or
(3) A person of notoriously intemperate habits.
(c) A licensee or other person shall not, at a licensed establishment, give, serve, deliver, or in any manner dispense an alcoholic beverage to a person under 21 years of age, except as provided in §25-784(b).
(d) A licensee shall not be liable to any person for damages claimed to arise from refusal to sell an alcoholic beverage or refusal to permit the consumption of an alcoholic beverage in its establishment under the authority of this section.
(e) A person alleged to have violated this section may be issued a citation under § 23-1110(b)(1). The person shall not be eligible to forfeit collateral.
(f) For violations of subsection (a), (b), or (c) of this section in the preceding 4 years, the penalties shall be the following:
(1) Upon the 1st violation, the Board shall fine the licensee not less than $2,000, and not more than $3,000, and suspend the licensee for 5 consecutive days; provided, that the 5–day suspension may be stayed by the Board for one year if all employees who serve alcoholic beverages in the licensed establishment complete an alcohol training program within 3 months;
(2) Upon the 2nd violation, the Board shall fine the licensee not less than $3,000, and not more than $5,000, and suspend the licensee for 10 consecutive days; provided, that the Board may stay up to 6 days of the 10–day suspension for one year if all employees who serve alcoholic beverages in the licensed establishment complete an alcohol training program within 3 months;
(3) Upon the 3rd violation, the Board shall fine the licensee not less than $5,000, and not more than $ 10,000, and suspend the licensee for 15 consecutive days, or revoke the license; provided, that the Board may stay up to 5 days of the 15–day suspension for one year if all employees who serve alcoholic beverages in the licensed establishment complete an alcohol training program within 3 months; and
(4) Upon the 4th or subsequent violation, the Board may revoke the license.
(g)(1) In determining whether a licensee has a prior violation for the purposes of subsection (f) of this section, the 4-year period is the 4 years immediately preceding the date of the incident or conduct in the case pending before the Board for which the licensee has been found liable of violating section (a), (b), or (c) of this section, either by an order of the Board, the Board’s acceptance of an offer-in-compromise, or the licensee’s payment of a fine. 
(2) A prior violation falls within the 4-year period if the date that the licensee was found liable of violating subsection (a), (b), or (c) of this section, either by an order of the Board, the Board’s acceptance of an offer-in-compromise, or the licensee’s payment of a fine, falls within the 4-year period.
(3) For purposes of this subsection, the term “offer-in-compromise” means a negotiation between the government and the respondent to settle the charges brought by the government for those violations committed by the respondent.

§ 25-783. Production of valid identification document required; penalty
(a) A licensee shall refuse to sell, serve, or deliver an alcoholic beverage to any person who, upon request of the licensee, fails to produce a valid identification document.
(b) A licensee or his agent or employee shall take steps reasonably necessary to ascertain whether any person to whom the licensee sells, delivers, or serves an alcoholic beverage is of legal drinking age. Any person who supplies a valid identification document showing his or her age to be the legal drinking age shall be deemed to be of legal drinking age.
(c) For violations of subsection (a) or (b) of this section in the preceding 4 years, the penalties shall be the following:
(1) Upon the first violation, the Board shall fine the licensee not less than $1,000, and not more than $2,000, and suspend the licensee for 5 consecutive days. The 5-day suspension may be stayed by the Board for one year if all employees who serve alcoholic beverages in the licensed establishment complete an alcohol training program within 3 months.
(2) Upon the second violation, the Board shall fine the licensee not less than $2,000, and not more than $4,000, and suspend the licensee for 10 consecutive days. The Board may stay up to 6 days of the 10-day suspension for one year if all employees who serve alcoholic beverages in the licensed establishment complete an alcohol training program within 3 months.
(3) Upon the third violation, the Board shall fine the licensee not less than $4,000, and not more than $10,000, and suspend the licensee for 15 consecutive days, or revoke the license. The Board may stay up to 5 days of the 15-day suspension for one year if all employees who serve alcoholic beverages in the licensed establishment complete an alcohol training program within 3 months.
(4) Upon the fourth or subsequent violation, the Board may revoke the license.
(5) Repealed.
(c-1)(1) In determining whether a licensee has prior violations for the purposes of subsection (c) of this section, the 4–year period is the 4 years immediately preceding the date of the incident or conduct in the case pending before the Board for which the licensee has been found liable of violating subsection (a) or (b) of this section, either by an order of the Board, the Board’s acceptance of an offer-in-compromise, of the licensee’s payment of a fine.
(2) A prior violation falls within the 4-year period if the date that the licensee was found liable of violating subsection (a) or (b) of this section, either by an order of the Board, the Board’s acceptance of an offer-in-compromise, or the licensee’s payment of a fine, falls within the 4-year period.
(3) For the purposes of this subsection, the term “offer-in-compromise” means a negotiation between the government and the respondent to settle the charges brought by the government for those violations committed by the respondent.
(d) The provisions of this section notwithstanding, no licensee shall discriminate on any basis prohibited by Unit A of Chapter 14 of Title 2.
(e) An affirmative defense to a violation of subsection (a) of this section shall be that the person was at the time of the violation 21 years of age or older.