reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .0900 - FISCAL RULES FOR LOCAL BOARDS › Section 15A .0904 - INVESTMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each local
				  board shall adopt an investment program suitable to its own needs and
				  situation. The investment program shall be designed so that investments and
				  deposits at interest can be converted into cash when needed.
(b) The finance officer shall manage the
				  investment program subject to the directives and restrictions imposed by the
				  local board and within the restrictions of applicable statutes.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-702(t),(u);
Eff. May 1, 1984;
Transferred and Recodified from
					 04 NCAC
					 02R .0904 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22,
					 2015.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .0900 - FISCAL RULES FOR LOCAL BOARDS › Section 15A .0905 - DAILY DEPOSITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each officer
				  whose duty it is to collect or receive moneys of the local board shall deposit
				  the collections and receipts daily into an official depository. If the local
				  board gives its approval, deposits shall be required only when the moneys on
				  hand are equal to or are greater than two hundred fifty dollars ($250.00), but
				  in any event a deposit shall be made of any amount of moneys on hand on the
				  last business day of the month. Deposits in an official depository shall be
				  reported to the finance officer by means of a duplicate deposit
				  ticket.
(b) A change fund necessary
				  for daily operation of an ABC store shall be established by each local board
				  and maintained in a secure place on the store's premises and shall not be
				  subject to the daily deposit rule set forth in Paragraph (a) of this Rule. Each
				  change fund shall be maintained in the amount and place established by the
				  local board.
(c) The finance
				  officer may at any time audit the records maintained by any employee collecting
				  sales revenue and may prescribe the form and detail of these records.
(d) The Commission shall waive or alter the
				  daily deposit requirement set forth in Paragraph (a) of this Rule for any local
				  board upon a written request where security for the funds involved would
				  include a locked fireproof safe or other container designed for the protection
				  of valuable documents or money.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-702(t),(u);
Eff. May 1, 1984;
Amended Eff. November 1, 2010;
Transferred and Recodified from
					 04 NCAC
					 02R .0905 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22, 2015;
Amended Eff.
					 December 1, 2019.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .0900 - FISCAL RULES FOR LOCAL BOARDS › Section 15A .0906 - EXPIRED - FINANCE OFFICER: DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-702(e);
Eff.
					 May 1, 1984;
Amended Eff. July 1, 1992;
Transferred and
					 Recodified from
					 04 NCAC
					 02R .0906 Eff. August 1, 2015;
Expired Eff. September 1, 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .0900 - FISCAL RULES FOR LOCAL BOARDS › Section 15A .0907 - ANNUAL INDEPENDENT FINANCIAL AUDIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each local
				  board shall have its accounts audited after the close of each fiscal year by an
				  independent certified public accountant. The auditor shall be selected by and
				  report to the local board. The audit contract shall be on a form provided by
				  the Commission. The audit contract shall include a definition of the scope of
				  work, a requirement that the audit be conducted in accordance with generally
				  accepted auditing standards, and a requirement that all audited financial
				  statements be prepared in accordance with GASB Statement 34. The audit report
				  is due to the Commission 90 days after the end of the fiscal year. The
				  financial officer shall ensure one unbound copy of the audit report and
				  management letter is filed with the Commission.
(b) Each officer and employee of the local
				  board having custody of public money or responsibility for keeping records of
				  financial or fiscal affairs shall produce books and records requested by the
				  auditor or the Commission and shall divulge any information relating to fiscal
				  affairs as requested. If any member of the local board or any employee
				  conceals, falsifies or refuses to deliver or divulge any books, records, or
				  information with intent to mislead the auditor or impede or interfere with the
				  audit, that individual is subject to removal for cause pursuant to
				  G.S.
				  18B-203(a)(8).
(c) Each local board shall disclose the
				  distribution of profits, including all distributions made pursuant to
				  G.S.
				  18B-805, in a schedule to be included with
				  the annual audited financial statements. The schedule shall be supported by a
				  listing of each person who receives moneys from the local board, the date of
				  payment and, if applicable, the purpose for which the payment was made and
				  restrictions on use of the payment. The listing shall provide the same totals
				  as were used in the schedule for each type of distribution.
Authority
					 G.S.
					 18B-100;
					 18B-203(a)(8);
					 18B-207;
					 18B-702(s),(u);
Eff. May 1, 1984;
Amended Eff. November 1, 2010;
Transferred and Recodified from
					 04 NCAC
					 02R .0907 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22, 2015;
Amended Eff.
					 December 1, 2019.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .0900 - FISCAL RULES FOR LOCAL BOARDS › Section 15A .0908 - EXPIRED - ACCOUNTING SYSTEM

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-702(e);
Eff.
					 May 1, 1984;
Transferred and Recodified from
					 04 NCAC
					 02R .0908 Eff. August 1, 2015;
Expired Eff. September 1, 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .0900 - FISCAL RULES FOR LOCAL BOARDS › Section 15A .0909 - TRAVEL POLICIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-702(e);
Eff.
					 July 1, 1992;
Transferred and Recodified from
					 04 NCAC
					 02R .0909 Eff. August 1, 2015;
Expired Eff. September 1, 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1000 - LOCAL ABC BOARD: PERSONNEL POLICIES › Section 15A .1001 - USE OF ABC PROPERTY

Current through Register Vol. 39, No. 2, July 15, 2024
Local board members and employees shall not engage in or
					 allow the conduct of any business other than official business on property
					 controlled by the ABC system, including stores, board facilities and
					 warehouses.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-807;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02R .1002 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22,
					 2015.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1000 - LOCAL ABC BOARD: PERSONNEL POLICIES › Section 15A .1002 - CONSUMPTION OF ALCOHOLIC BEVERAGES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No
				  employee of any local board, while on duty during the hours prescribed by the
				  supervisor, shall consume any alcoholic beverages except when that employee is
				  engaged in undercover activities.
(b) No employee of a local board shall
				  consume or permit the consumption of any alcoholic beverages on the premises of
				  an ABC store or warehouse.
(c) No
				  employee of a local board shall be or become intoxicated while on duty or on
				  the premises of an ABC store or warehouse.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-301(f);
					 18B-807;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02R .1003 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22,
					 2015.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1000 - LOCAL ABC BOARD: PERSONNEL POLICIES › Section 15A .1003 - EMPLOYMENT AGE REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
A person employed by a local board shall be at least 18
					 years of age unless waived by the Commission. The Commission shall grant a
					 waiver pursuant to this Rule subject to compliance with the conditions and
					 limitations applicable to permittees pursuant to
					 G.S.
					 95-25.5(j).
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-302(h);
					 18B-807;
Eff. January
					 1, 1982;
Amended Eff. February 1, 1986;
Transferred and
					 Recodified from
					 04 NCAC
					 02R .1004 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22, 2015;
Amended Eff.
					 December 1, 2019.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1000 - LOCAL ABC BOARD: PERSONNEL POLICIES › Section 15A .1004 - WAREHOUSE: PRESENCE OF UNAUTHORIZED PERSON PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
Only personnel employed by a local board may enter a local
					 board's warehouse, except for:
(1)
				  truck drivers who need to enter in order to verify the amount of merchandise
				  delivered;
(2) members of the
				  Commission and its representatives;
(3) local board members; and
(4) persons with approval from the local
				  board or general manager; provided, they are accompanied by a board member or
				  employee of the local board.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-807;
Eff. January
					 1, 1982;
Amended Eff. November 1, 2010;
Transferred and
					 Recodified from
					 04 NCAC
					 02R .1005 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22,
					 2015.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1000 - LOCAL ABC BOARD: PERSONNEL POLICIES › Section 15A .1005 - EXPIRED - EMPLOYMENT: REMOVAL: OF LOCAL BOARD MEMBER OR EMPLOYEE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-203(a)(8);
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02R .1006 Eff. August 1, 2015;
Expired Eff. September 1, 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1000 - LOCAL ABC BOARD: PERSONNEL POLICIES › Section 15A .1006 - PERSONNEL MANUAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each local
				  board shall establish rules governing each of the following:
(1) Initial employment of employees,
				  including qualifications and requirements for new employees;
(2) Compensation and benefits;
(3) Hours and days of work, holidays,
				  vacation, sick leave;
(4)
				  Promotion, transfer, demotion, and suspension of employees;
(5) Separation or termination of
				  employees;
(6) Granting of salary
				  increases; and
(7) Employee
				  grievance procedures.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1100 - LOCAL ABC BOARDS: RELATIONSHIP WITH STATE COMMISSION › Section 15A .1101 - COMMON INTEREST

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be the policy of the Commission to advise and
					 consult with the local boards regarding matters of common interest to the
					 alcoholic beverage control system.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-807;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02R .1101 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22,
					 2015.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1100 - LOCAL ABC BOARDS: RELATIONSHIP WITH STATE COMMISSION › Section 15A .1102 - LOCAL RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Submitted to
				  Commission. A copy of all rules or amendments thereto that may be adopted by a
				  local board to govern the operation of ABC stores or the enforcement of the ABC
				  laws shall be submitted to the Commission at least 30 days prior to the date on
				  which it is proposed that those rules or amendments are to become
				  effective.
(b) Power to Approve.
				  The Commission shall notify a local board within 15 days of receipt of a
				  proposed rule or amendment if the rules are disapproved or the effective date
				  of the rules will be delayed. Those rules or amendments shall become effective
				  when and as approved by the Commission. If the Commission does not send a
				  notice of disapproval within 15 days of receipt, those rules or amendments
				  shall stand approved.
Authority
					 G.S.
					 18B-100;
					 18B-203(a)(10);
					 18B-207;
					 18B-807;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02R .1102 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22, 2015;
Amended Eff.
					 December 1, 2019.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1100 - LOCAL ABC BOARDS: RELATIONSHIP WITH STATE COMMISSION › Section 15A .1103 - COST OF AUDIT

Current through Register Vol. 39, No. 2, July 15, 2024
The cost of any audit or examination of records required by
					 the Commission pursuant to
					 G.S.
					 18B-205 shall be borne by the local board
					 being audited or examined.
Authority
					 G.S.
					 18B-100;
					 18B-205;
					 18B-207;
					 18B-702(u);
					 18B-807;
Eff. January
					 1, 1982;
Transferred and Recodified from
					 04 NCAC
					 02R .1104 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22, 2015;
Amended Eff.
					 December 1, 2019.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1200 - OPENING AND DISCONTINUANCE OF STORES › Section 15A .1201 - COMMISSION PROHIBITED FROM ENTERTAINING COMPLAINT

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission shall not entertain any complaint or
					 petition protesting the action of any local board in discontinuing the
					 operation of any existing ABC store or in refusing to establish an additional
					 store or stores at any particular location.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-801;
Eff. January
					 1, 1982;
Transferred and Recodified from
					 04 NCAC
					 02R .1201 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22,
					 2015.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1200 - OPENING AND DISCONTINUANCE OF STORES › Section 15A .1202 - COMMISSION TO CONSIDER OBJECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission will consider objections to the opening of
					 new ABC stores or the continuance of existing stores, but only upon showing
					 that the local board concerned has either considered and overruled or ignored
					 such objections.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-801;
Eff. January
					 1, 1982;
Transferred and Recodified from
					 04 NCAC
					 02R .1202 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22,
					 2015.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1200 - OPENING AND DISCONTINUANCE OF STORES › Section 15A .1203 - APPROVAL OF NEW STORES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Notice to
				  Commission. The opening of any new ABC stores shall not be considered by the
				  Commission unless a 45-day notice is given to the Chairman as to the intended
				  location of the store and until a public notice of the intention to open the
				  ABC store has been posted for 30 days at the proposed location.
(b) Sign Requirements. In order to meet the
				  public notice requirements of Paragraph (a) of this Rule, the local board shall
				  post at least one sign at the proposed new store site in accordance with all
				  the following requirements:
(1) Dimensions of
				  the sign shall be at least three feet high and three feet wide;
(2) The board shall state on the sign its
				  intention to open an ABC store on the site and shall state the telephone number
				  of the local board where public comments will be received;
(3) Lettering shall be at least four inches
				  in height and background colors shall contrast so that the notice may be
				  discerned by the viewer; and
(4)
				  The sign shall be posted within 10 feet of the property line that is parallel
				  to the public road or sidewalk that will be in front of the proposed store, or
				  if the proposed store will be in an existing shopping center, the sign shall be
				  posted on the front exterior of the existing storefront or building. Lettering
				  on the sign shall face the public road or sidewalk, or if within an existing
				  shopping center, the lettering shall face the exterior of the existing
				  storefront or building.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1200 - OPENING AND DISCONTINUANCE OF STORES › Section 15A .1204 - REPEALED - NEW STORES PROHIBITED IN CERTAIN AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-801;
Eff. January
					 1, 1982;
Transferred and Recodified from
					 04 NCAC
					 02R .1204 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22, 2015;
Repealed Eff.
					 December 1, 2019.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1300 - STORAGE AND DISTRIBUTION OF SPIRITUOUS LIQUORS: COMMERCIAL TRANSPORTATION › Section 15A .1301 - STORAGE: DELIVERIES: SECURITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Storage. Private warehouse contractors performing the receipt, storage, and
				  distribution functions shall:
(1) Allocate
				  space in the State ABC warehouse for each item listed on the price list adopted
				  by the Commission. Space allocated shall be based on sales volume;
(2) Develop and publish a delivery schedule
				  of spirituous liquors to all local boards based on each local board's sales
				  volume and the economical delivery of spirituous liquor to all local boards,
				  subject to approval of the Commission. Orders and shipments over the quantity
				  on the approved schedule may be made as agreed between the local boards and the
				  Contractor. All orders over the quantity on the schedule shall be accepted and
				  delivered when the Contractor determines it is economically feasible based upon
				  the size of the regular load and the size of the additional quantity.
(3) Develop and publish standard operating
				  procedures not covered by these Rules for use by the Contractor and local
				  boards. All procedures published shall be submitted to the
				  Commission.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1300 - STORAGE AND DISTRIBUTION OF SPIRITUOUS LIQUORS: COMMERCIAL TRANSPORTATION › Section 15A .1302 - COMMERCIAL TRANSPORTATION: PERMIT AND BOND REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Any person transporting spirituous liquors into and through the State shall
				  first secure a blanket fleet permit for the transportation of spirituous
				  liquors signed by the Chairman or Administrator. That permit shall designate
				  the spirituous liquors to be shipped.
(b) Driver to Possess Permit. Any person
				  applying for and receiving this permit shall require the driver or operator of
				  any truck, tractor, or trailer to have in the driver's possession a copy of all
				  the documents required pursuant to
				  G.S.
				  18B-1115(d)(3) and
				  (4).
(c) Commission to Provide Forms. Blank forms
				  for the bond shall be supplied by the Commission upon request. The bond form
				  shall include the name of the principal, the name and address of the surety,
				  the bond number, and an obligation on the surety to insure the permittee's
				  lawful transport and delivery of alcoholic beverages in the State in the amount
				  of one thousand dollars ($1000).
(d) A local board owning and operating trucks
				  for the purpose of transporting spirituous liquors from a local warehouse to
				  the various local stores within a local ABC system shall not be required to
				  give bond and shall be permitted to operate its trucks without a common carrier
				  permit.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1115;
Eff.
					 January 1, 1982;
Amended Eff. May 1, 1984;
Transferred
					 and Recodified from
					 04 NCAC
					 02R .1303 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22, 2015;
Amended Eff.
					 December 1, 2019.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1300 - STORAGE AND DISTRIBUTION OF SPIRITUOUS LIQUORS: COMMERCIAL TRANSPORTATION › Section 15A .1303 - TRANSPORTATION FROM STATE ABC WAREHOUSE

Current through Register Vol. 39, No. 2, July 15, 2024
Except as authorized by statute or the rules of the
					 Commission, no spirituous liquors or antique spirituous liquors shall be
					 transported within, into, or through this State for delivery to a local board
					 except from the State ABC warehouse.
Authority
					 G.S.
					 18B-100;
					 18B-101;
					 18B-207;
					 18B-701(a)(1);
					 18B-1001;
Eff.
					 January 1, 1982;
Amended Eff. May 1, 1984;
Transferred
					 and Recodified from
					 04 NCAC
					 02R .1304 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22, 2015;
Amended Eff.
					 January 1, 2018.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1300 - STORAGE AND DISTRIBUTION OF SPIRITUOUS LIQUORS: COMMERCIAL TRANSPORTATION › Section 15A .1304 - DIRECT SHIPMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A "direct
				  shipment" means a shipment from the distiller or a warehouse of spirituous
				  liquors, or from an antique spirituous liquor seller, directly to a local board
				  without passing through the State ABC warehouse.
(b) In addition to direct shipments
				  authorized pursuant to
				  G.S.
				  18B-800(c2), direct
				  shipments shall be allowed by the Commission in emergency situations when the
				  State ABC warehouse is closed or in a situation where, for transportation
				  reasons, it is mutually advantageous to local boards and the operator of the
				  State ABC warehouse.
(c) Direct
				  shipment shall have prior written approval from the Commission. Merchandise
				  authorized to be shipped by direct shipment shall be consigned by the State ABC
				  warehouse to the distiller's account in care of the local board. The local
				  board shall acknowledge receipt of the merchandise on the shipping documents
				  and forward them to the Contractor for processing through the accounting system
				  as though the merchandise were shipped from the State ABC warehouse.
(d) Upon compliance with
				  14B NCAC
				  15A .1403, an antique spirituous liquor
				  seller may deliver antique spirituous liquor listed in its inventory directly
				  to the local board that placed the special order for that inventory.
Authority
					 G.S.
					 18B-100;
					 18B-204;
					 18B-207;
					 18B-403;
					 18B-701(a)(1);
Eff. January 1, 1982;
Amended Eff. January 1, 2011; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02R .1305 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22, 2015;
Amended Eff.
					 February 1, 2021; January 1, 2018.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1300 - STORAGE AND DISTRIBUTION OF SPIRITUOUS LIQUORS: COMMERCIAL TRANSPORTATION › Section 15A .1305 - TRANSPORTATION BETWEEN ABC BOARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A local
				  board may authorize a distiller representative, brokerage representative, or
				  supplier representative, on its behalf, to transport spirituous liquor owned by
				  the local board to another local board that has purchased, exchanged, or
				  otherwise obtained the spirituous liquor pursuant to Rule
				  14B NCAC
				  15A .1301(e). The
				  authorization shall be in writing and shall be accompanied by an invoice for
				  the spirituous liquor being transported.
(b) A copy of the authorization to transport
				  the spirituous liquor and the invoice for the spirituous liquor shall be in the
				  possession of the distiller representative, brokerage representative, or
				  supplier representative during the transportation.
(c) The transferring local board shall be
				  responsible for any damage, breakage, or theft of the spirituous liquor being
				  transferred until receipt of the delivery is acknowledged in writing by the
				  receiving local board.
(d) A copy
				  of the acknowledgement of receipt signed by the receiving local board shall be
				  sent by the receiving local board to the transferring local board together with
				  any applicable payment in accordance with Rule
				  14B NCAC
				  15A .1406.
(e) A distiller representative, brokerage
				  representative, or supplier representative transporting spirituous liquor
				  pursuant to this Rule shall be exempt from the provisions of
				  G.S.
				  18B-1115 pursuant to
				  G.S.
				  18B-1115(g).
Authority
					 G.S.
					 18B-100;
					 18B-204;
					 18B-207;
					 18B-1115(g);
Eff. February 1, 2021.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1400 - PURCHASE OF ALCOHOLIC BEVERAGES BY LOCAL BOARDS › Section 15A .1401 - EXPIRED - PURCHASE LIMITED TO APPROVED BRANDS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-207;
					 18B-800(c);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02R .1401 Eff. August 1, 2015;
Expired Eff. September 1, 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1400 - PURCHASE OF ALCOHOLIC BEVERAGES BY LOCAL BOARDS › Section 15A .1402 - PERMIT REQUIRED TO SELL ALCOHOLIC BEVERAGES

Current through Register Vol. 39, No. 2, July 15, 2024
No purchase of any spirituous liquor, antique spirituous
					 liquor, or fortified wine for resale in ABC stores shall be made by any local
					 board from any person that does not hold a permit from the Commission
					 authorizing the sale of those beverages to the local boards. However, brands
					 approved for sale in North Carolina on which all taxes have been paid may be
					 purchased for resale in a sale ordered pursuant to
					 G.S.
					 18B-503. A local board shall purchase
					 fortified wine only from a North Carolina wholesaler who holds an active wine
					 wholesaler permit.
Authority
					 G.S.
					 18B-100;
					 18B-101;
					 18B-207;
					 18B-304(a);
					 18B-503(e);
					 18B-1107(a)(2);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02R .1402 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22, 2015;
Amended Eff.
					 January 1, 2018.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1400 - PURCHASE OF ALCOHOLIC BEVERAGES BY LOCAL BOARDS › Section 15A .1403 - SPECIAL ORDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Spirituous
				  liquor products shall be approved for purchase from the Special Orders Price
				  List as follows:
(1) When requested by a
				  customer, a local board shall request that the Commission consider approval for
				  inclusion on the Special Orders Price List any spirituous liquor brand or
				  container size that is not otherwise approved.
(2) The Commission shall consider the local
				  board's request, and approve, in accordance with
				  14B NCAC
				  15C .0203 and
				  15C .0204, any brand or product
				  for special order and the addition to the Special Orders Price List, including
				  the special item case size requirement as established by the vendor.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1400 - PURCHASE OF ALCOHOLIC BEVERAGES BY LOCAL BOARDS › Section 15A .1404 - COMMEMORATIVE BOTTLES

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission shall approve local boards' orders and sales
					 of specially designed bottles commemorating particular events, occasions, or
					 ceremonies, provided advertising borne upon commemorative bottles is limited to
					 commemorating historical events of the local board and non-profit, charitable
					 enterprises. Other businesses, other than the distiller, shall not advertise
					 themselves or their products via commemorative bottles.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-807;
Eff. January
					 1, 1982;
Amended Eff. November 1, 2010;
Transferred and
					 Recodified from
					 04 NCAC
					 02R .1405 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22, 2015;
Amended Eff.
					 December 1, 2019.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1400 - PURCHASE OF ALCOHOLIC BEVERAGES BY LOCAL BOARDS › Section 15A .1405 - RECORDS REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A record of all
				  orders, receipts, invoices, and payments shall be maintained by local boards
				  and be available for inspection by any representative of the Commission during
				  the local board's normal business hours.
(b) Local boards shall retain the following
				  records for the length of time specified in this Paragraph:
(1) sales report until the annual audit is
				  completed;
(2) warehouse report for
				  one year;
(3) daily store report
				  until the annual audit is completed;
(4) stock difference report for three
				  years;
(5) receiving report until
				  the annual audit is completed;
(6)
				  clerk's daily sales and cash report until the annual audit is
				  completed;
(7) paid invoices for
				  three years;
(8) loss and damage
				  claim records for three years; and
(9) required records pursuant to
				  14B NCAC
				  15A .1903 and
				  14B NCAC
				  15B .0501 related to the sale of mixed
				  beverages for three years.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1400 - PURCHASE OF ALCOHOLIC BEVERAGES BY LOCAL BOARDS › Section 15A .1406 - PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Local boards
				  shall remit full payment of the Contractor's statement of account pertaining to
				  the bailment charge within 30 days of receipt of the statement.
(b) Local boards shall remit full payment of
				  the Contractor's statement of account pertaining to the bailment surcharge
				  within 30 days of receipt of the statement.
(c) Local boards shall remit full payment of
				  the distiller's invoice within 30 days of delivery of the liquor.
(d) Local boards that obtain spirituous
				  liquor from another local board pursuant to
				  14B NCAC
				  15A .1301(e) shall remit
				  full payment within 15 days of the transaction.
Authority
					 G.S.
					 18B-100;
					 18B-203(a)(14) and
					 (15);
					 18B-207;
					 18B-702(u);
Eff. May 1, 1984;
Amended Eff. November 1, 2010; July 1,
					 1992;
Transferred and Recodified from
					 04 NCAC
					 02R .1407 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22, 2015;
Amended Eff.
					 January 1, 2020.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1400 - PURCHASE OF ALCOHOLIC BEVERAGES BY LOCAL BOARDS › Section 15A .1407 - ANTIQUE SPIRITUOUS LIQUOR SPECIAL ORDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In addition
				  to the provisions set forth in Paragraph (a) of Rule .1403 of this Section,
				  antique spirituous liquor products shall be approved for purchase from the
				  Special Orders Price List as follows:
(1) Upon
				  receipt of a request for inclusion of an antique spirituous liquor on the
				  Special Orders Price List from either the owner of antique spirituous liquor, a
				  local board at the request of the owner of antique spirituous liquor, or a
				  mixed beverages permittee, the Commission shall consider the request.
(2) The seller of the antique spirituous
				  liquor shall provide to the Commission an inventory of each product to be sold,
				  the seller's selling price per bottle, and a picture or copy of the label of
				  each product legible to the Commission that allows it to identify the product
				  to be sold.
(3) Any antique
				  spirituous liquor brand or product approved by the Commission for sale shall be
				  added to the Special Orders Price List, listed by seller. The Commission shall
				  determine the retail price for each product based on the markup formula
				  pursuant to
				  G.S.
				  18B-804, set up each product in its pricing
				  system, assign code numbers for each product, and notify the local board and
				  the State ABC warehouse of the price and product code number of each
				  product.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1500 - PRICING OF SPIRITUOUS LIQUOR › Section 15A .1501 - PRICE INCREASES

Current through Register Vol. 39, No. 2, July 15, 2024
Distillers shall not increase F.O.B. prices except at a
					 regularly scheduled effective date of the Commission's official price list,
					 namely: February 1, May 1, August 1, and November 1 of each
					 year.
Authority
					 G.S.
					 18B-100;
					 18B-203(a)(3);
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02R .1501 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22,
					 2015.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1500 - PRICING OF SPIRITUOUS LIQUOR › Section 15A .1502 - MARKUP FORMULA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) On every
				  delivered case of spirituous liquors, there shall be an added markup, which is
				  derived by the following formula:
(1) local
				  board markup, plus
(2) (one added
				  to the local board markup) multiplied by the state excise tax, plus
(3) (one added to the local board markup)
				  multiplied by 3.5 percent, equals
(4) the total markup.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1500 - PRICING OF SPIRITUOUS LIQUOR › Section 15A .1503 - SPECIAL PURCHASE ALLOWANCES; POST OFFS; PASS THROUGHS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Temporary Price Reductions. The Commission will, from time to time, reduce the
				  retail prices of selected liquor products to reflect manufacturer or importer
				  offers of special price reductions.
(b) Selection of Items. Individual liquor
				  products will be selected for retail price reductions based on the following
				  criteria:
(1) Amount of reduction offered by
				  industry member;
(2) Profitability
				  of product;
(3) Sales history of
				  product;
(4) Quantity of product
				  available; and
(5) Marketing
				  support offered by industry member.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1600 - WAREHOUSE STORAGE OF SPIRITUOUS LIQUORS › Section 15A .1601 - PERMIT REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Permits to store spirituous liquors will be issued to
					 privately-owned bonded warehouses when application has been made to the
					 Commission if the applicant complies with the conditions as set forth in this
					 Section and the requirements of
					 G.S.
					 18B-900.
Authority
					 G.S.
					 18B-100;
					 18B-204;
					 18B-207;
					 18B-900;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02R .1601 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22,
					 2015.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1600 - WAREHOUSE STORAGE OF SPIRITUOUS LIQUORS › Section 15A .1602 - INSPECTION UPON APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Upon receipt of an application for a storage permit from a
					 privately-owned bonded warehouse, the Commission shall cause an inspection to
					 be made of the warehouse to determine whether the warehouse has adequate
					 security measures necessary for safe and proper storage and whether the
					 warehouse is a safe and proper physical structure for the storage of spirituous
					 liquors.
Authority
					 G.S.
					 18B-100;
					 18B-204;
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02R .1602 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22,
					 2015.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1600 - WAREHOUSE STORAGE OF SPIRITUOUS LIQUORS › Section 15A .1603 - REQUIREMENTS FOR STORAGE

Current through Register Vol. 39, No. 2, July 15, 2024
All privately-owned bonded warehouses holding permits for
					 the storage of spirituous liquors are required to:
(1) store all liquor separate and apart from
				  other merchandise;
(2) store all
				  military codes separate and apart from State codes;
(3) store all liquor of the same code
				  together and spaced evenly for inventory purposes;
(4) submit to the Commission monthly reports
				  of all spirituous liquors received and delivered so that a perpetual inventory
				  may be kept at the Commission. The report must match the inventory at the
				  bonded warehouse at all times and upon inspection;
(5) take at their expense, and submit to the
				  Commission, at least once every 12 months inventories of all spirituous liquors
				  being held in the bonded warehouse. These inventories may be observed by
				  representatives of the Commission or the State Auditor's Office;
(6) return to the distiller all liquor that
				  is distressed when received within 30 days of its receipt;
(7) destroy all liquor that becomes
				  distressed after it is received, after notifying the distiller and obtaining in
				  writing the distiller's approval to destroy the distressed liquor. The
				  distiller, or a representative of the distiller, shall be given an opportunity
				  to:
(a) be present in person or by video
				  conference at the destruction; or
(b) request proof of destruction by
				  photographs or video recordings showing the distressed liquor before and after
				  the destruction.
The warehouse shall provide the distiller with a written
					 or electronic copy of the Destruction of Unsalable Merchandise Report for the
					 distressed liquor destroyed. A written or electronic copy of the report shall
					 be sent quarterly by the warehouse to the Commission.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1600 - WAREHOUSE STORAGE OF SPIRITUOUS LIQUORS › Section 15A .1604 - PROHIBITED PRACTICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The removal of
				  any spirituous liquors except as provided for in these Rules to any place
				  except the State ABC warehouse, military posts, points outside the State, or
				  the shipping distillery shall be prohibited.
(b) No liquor, distressed or otherwise, shall
				  be given to any distiller representative or employee of the warehouse but, in
				  accordance with Rule .1603 of this Section, shall be returned to the distiller
				  or destroyed and recorded in the Destruction of Unsalable Merchandise
				  Report.
Authority
					 G.S.
					 18B-100;
					 18B-204;
					 18B-207; S.L. 2018-100, s.
					 2;
Eff. January 1, 1982;
Amended Eff. May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02R .1604 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22, 2015;
Amended Eff.
					 April 1, 2019.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .1600 - WAREHOUSE STORAGE OF SPIRITUOUS LIQUORS › Section 15A .1605 - INSPECTION OF PREMISES AND RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
All warehouses receiving a permit for the storage of
					 spirituous liquors shall make available to the Commission on request all
					 records, invoices, and inventories pertaining to the storage of spirituous
					 liquors. All spirituous liquors inventories shall be kept segregated and filed
					 according to distillery name. These records shall be retained by the warehouse
					 for a period of three years.
Authority
					 G.S.
					 18B-100;
					 18B-204;
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02R .1605 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 22,
					 2015.