The giving of complimentary alcoholic beverages is fast becoming a common occurrence at many barber shops, beauty salons and spa businesses in Minot, but is it legal?

The answer: It's a slippery slope.

"There's been a lot of confusion as to whether you have to be a customer or not to get the free drink," said Det. Bob Barnard of the Minot Police Department. "The fact is that if a company is giving out complimentary alcoholic beverages, they can not require them to purchase anything. If someone comes in to their store that is of (legal drinking) age and requests a drink, they have to give it to them. Free means free."

He added that companies that tie the beverage into a purchased package or service offered by the business are required to obtain a liquor license through both the city and the state. Those who chose not to obtain the licenses must immediately cease the dispensing of alcoholic beverages.

Section 5.2 of Minot's Code of Ordinances states that,"No person shall engage in the sale of alcoholic beverages at retail within the city without first obtaining a license therefore. The license shall allow the sale (and consumption, when applicable heath code requirements are met) of alcoholic beverages only on the premises to which the license specifically relates (unless special permission to do otherwise is obtained as provided for elsewhere in the chapter)."

While the code addresses the sale of alcoholic beverage, neither Minot nor North Dakota law address free-will offerings of alcoholic beverages by businesses.

"It is not a state issue. State law relates to the purchase and sale of alcohol, so if the matter does not (relate), it is not a state licensing issue," said Liz Brocker, spokeswoman for Attorney General Wayne Stenehjem.

Another question raised has been the presence of minors at these establishments.

Under city and state law, no persons under 21 years of age may enter any licensed premises where alcoholic beverages are being sold or displayed - although there are several exceptions - but does not address unlicensed establishments.

Shannon Berenes, owner of MBS Studios in Minot, has been offering one complimentary glass of wine to customers for nine months.

"It seems like the trend started at the spas but then we started having clients ask us about it, so we thought why not?," she said. "People are surprised when we ask and only about 20 percent of clients accept, but most seem to enjoy it."

The complimentary beverage service was mostly reserved for wedding parties and evening appointments, Berenes said, and so far there hasn't been a problem. Recently, male customers have begun to ask for a complimentary beer, but Berenes is hesitant.

"I'm not a bar and I don't want to get into all that," she said. "Our male clients are typically in for only a short time while the women are in for longer services and can take in the wine."

Recently opened Shear Sports Salon in the Prairie Rose Plaza also serves a complimentary glass of wine or beer.

"I spoke with and got permission from the (state) attorney general, the city of Minot and the (Minot) police department before even going about starting my business," said owner Joshua Blackaby. "Because I'm not selling it, I don't need a beer and wine license. The way I see it, it's no different than giving out a beer at home."