North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter C - INDUSTRY MEMBERS: RETAIL/INDUSTRY MEMBER RELATIONSHIPS: SHIP CHANDLERS: AIR CARRIERS: FUEL ALCOHOL › Section .0900 - DISTILLERS: REPRESENTATIVES › Section 15C .0901 - DISTILLER, SUPPLIER AND BROKERAGE REPRESENTATIVES: PROHIBITED ACTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Representatives Prohibited from Entering
				  Store. Distiller representatives, supplier representatives, or brokerage
				  representatives shall not enter any ABC store except for the purpose of calling
				  on the buyer if the buyer's office is maintained in the store, for the purpose
				  of making a purchase, or for the purpose of visiting a store to market product,
				  build displays, or attach added value items in accordance with written
				  permission from the local Board. An initial request for permission to visit a
				  store pursuant to this Paragraph shall be made in writing by the representative
				  to the general manager of the local Board in a form acceptable to the local
				  Board. The local Board may adopt policies regulating when a representative may
				  visit the local Board's ABC store, which may include the times, frequency,
				  purpose, method of requesting and approving permission, and any advance notice
				  requirements. Permission granted by the general manager, or other persons
				  designated by the local Board, to the representative to visit the local Board's
				  ABC stores shall initially be made in writing and in accordance with any
				  policies adopted by the local Board. The duration of the permission may be for
				  an indefinite time. The local Board's policies may authorize the general
				  manager, or his or her designee, to verbally authorize subsequent specific
				  visits after written permission has been given.
(b) Representatives Prohibited from
				  Contacting Store Personnel. Distiller representatives, supplier
				  representatives, or brokerage representatives shall not contact store personnel
				  for the purpose of promoting their merchandise while store personnel are
				  off-duty. Store personnel shall not allow distiller representatives, supplier
				  representatives, or brokerage representatives to contact them in any manner for
				  the purpose of promoting their merchandise while store personnel are
				  off-duty.
(c) Gifts Prohibited.
				  Distiller representatives, supplier representatives, or brokerage
				  representatives shall not give liquor, including samples, or anything of value
				  to local ABC board members or employees, including store managers and general
				  managers, at any time. Local ABC board members or employees, which includes
				  store managers and general managers, shall not accept gifts, either directly or
				  through a third person, from any distiller representative, supplier
				  representative, or brokerage representative.
(d) Soliciting and Advertising Prohibited.
				  Except for contact with the Commission, local ABC boards, and retail
				  permittees, with regards to the promotion and purchase of spirituous liquor, no
				  distiller representative, supplier representative, or brokerage representative
				  shall:
(1) solicit any order, agreement, or
				  other commitment to purchase liquor, whether or not it is legally enforceable;
				  or
(2) advertise, promote, or
				  encourage purchases by any means or method or furnish any means by which
				  spirituous liquor may be obtained, except as provided in
				  14B NCAC
				  15B .1008.
This Paragraph shall not apply to a distiller
					 representative, supplier representative, or brokerage representative who has
					 been granted an exception by the Commission to make presentations of pictorial
					 artwork or renderings of the design of the decanter and solicitation of a
					 special order of these decanters at the request of a local ABC board and
					 non-profit, charitable corporation related to orders and sales of commemorative
					 bottles pursuant to
					 14B NCAC
					 15A .1404. Requests for an exception under
					 this Paragraph shall be made in writing to the Commission.