North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter B - RETAIL BEER: WINE: MIXED BEVERAGES: BROWNBAGGING: ADVERTISING: SPECIAL PERMITS › Section .0500 - ADDITIONAL REQUIREMENTS FOR MIXED BEVERAGES PERMITTEES › Section 15B .0509 - PROHIBITED ACTS: HANDLING AND STORAGE OF LIQUOR

Current through Register Vol. 39, No. 2, July 15, 2024
Neither a mixed beverages permittee nor his employee,
					 whether on or off the premises, shall:
(1) add any alcoholic beverage to any
				  container of spirituous liquor purchased for resale in mixed
				  beverages;
(2) transfer from one
				  spirituous liquor container to another or remove from any liquor container the
				  mixed beverages tax stamp or any other stamp, label, seal or device required by
				  law to be affixed to the container;
(3) destroy, alter or deface the mixed
				  beverages tax stamp or any other stamp, label, seal or device required by law
				  to be affixed to a liquor container before the container has been
				  emptied;
(4) possess a counterfeit
				  mixed beverages stamp, place a counterfeit mixed beverages stamp on any liquor
				  container, or knowingly possess any container with a counterfeit
				  stamp;
(5) store any spirituous
				  liquor purchased for resale in mixed beverages in any place other than the
				  approved storage area of the premises specified in the purchase-transportation
				  permit;
(6) place or have in the
				  approved storage area or possess elsewhere on the licensed premises any
				  container of spirituous liquor not bearing a mixed beverages tax
				  stamp;
(7) dilute or otherwise
				  tamper with the contents of any container of alcoholic beverages;
(8) give or sell to any patron any container
				  of spirituous liquor that was purchased for resale as mixed beverages, whether
				  the container is full or partially full; provided, however, this prohibition
				  shall not be construed to prohibit a room guest from removing from the hotel a
				  container of alcoholic beverages purchased from a guest room cabinet;
(9) possess any empty container of spirituous
				  liquor purchased for resale in mixed beverages if the mixed beverages tax stamp
				  on that container has not been permanently defaced;
(10) possess or sell on the premises any
				  brand of spirituous liquor that has not been approved by the Commission for
				  sale in North Carolina or that was not purchased by the permittee pursuant to
				  an approved special order;
(11)
				  purchase any spirituous liquor for resale in mixed beverages other than as
				  authorized by a valid purchase-transportation permit;
(12) conceal or otherwise fail to indicate
				  truthfully and accurately in any records required to be kept by the permittee
				  the sale of any alcoholic beverages on the licensed premises; or
(13) make any other incomplete, inaccurate,
				  false or misleading statements in any report or record required by these
				  Rules.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-404;
					 18B-1001(13);
					 18B-1007;
					 18B-1008;
Eff.
					 January 1, 1982;
Amended Eff. July 1, 1992; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0513 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
Editor's Note
: Beecher R. Gray,
						Administrative Law Judge with the Office of Administrative Hearings, declared
						Rule 04
						NCAC 02S .0513(3) void as
						applied in North Carolina Alcoholic Beverage Control Commission v. Keven Scott
						Heath, Robinhood Grille, LLC, T/A Robinhood Grille (00 ABC
						1026).