reglab/statecodes huggingface dataset:
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 .0600 - SPECIAL REQUIREMENTS FOR CONVENTION CENTERS, COMMUNITY THEATRES, SPORTS CLUBS, AND NONPROFIT AND POLITICAL ORGANIZATIONS › Section 15B .0604 - SPORTS CLUB: CLUB ACTIVITY FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Club activity fees may only include revenues from the
					 following:
(1) membership dues paid
				  for golf or tennis privileges;
(2)
				  court or greens fees paid by patrons for the privilege of using the golf course
				  or the tennis court located on the sports club's premises;
(3) receipts for food if the establishment
				  operates a restaurant on its licensed premises;
(4) equipment sales on the sports club's
				  licensed premises;
(5) golf cart
				  rental fees;
(6) teaching fees paid
				  to golf or tennis professionals for lessons given on the sports club's
				  premises;
(7) equipment rental
				  fees, if the equipment is rented for use on the sports club's golf course or
				  tennis court;
(8) entry fees for
				  golf or tennis tournaments held on the sports club's premises;
(9) revenue generated by the sale of tickets
				  to golf or tennis tournaments held on the sports club's premises.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1000(8);
					 18B-1008;
Temporary
					 Adoption Eff. September 24, 1993 for a Period of 180 Days or Until the
					 Permanent Rule Becomes Effective, Whichever is Sooner;
Eff.
					 February 1, 1994;
Transferred and Recodified from
					 04 NCAC
					 02S .0615 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .0600 - SPECIAL REQUIREMENTS FOR CONVENTION CENTERS, COMMUNITY THEATRES, SPORTS CLUBS, AND NONPROFIT AND POLITICAL ORGANIZATIONS › Section 15B .0605 - SPORTS CLUB: RECORD KEEPING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Monthly Records. A sports club holding ABC permits issued by the Commission
				  shall maintain full and accurate monthly records of the following:
(1) amounts expended for the purchase of
				  spirituous liquor from ABC stores and the quantity of spirituous liquor
				  purchased;
(2) amounts collected
				  from the sale of mixed beverages and, by brand and container size, the quantity
				  of spirituous liquor sold;
(3) the
				  quantity of spirituous liquor, by brand and container size, that was not sold
				  but is no longer on the premises due to stated reasons, such as breakage or
				  theft;
(4) amounts collected from
				  the sale of malt beverages, fortified wine, and unfortified wine;
(5) amounts collected from club activity
				  fees, excluding receipts for food; and
(6) receipts for food.
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 .0700 - SPECIAL OCCASIONS PERMITS › Section 15B .0701 - STORAGE OF ALCOHOLIC BEVERAGES

Current through Register Vol. 39, No. 2, July 15, 2024
Alcoholic beverages possessed under a Special Occasion
					 Permit or a Limited Special Occasion Permit may be stored on the premises
					 covered by the permit in accordance with
					 G.S.
					 18B-403(g), as long as the
					 beverages are stored in a secure area and are not stored in a mixed beverage
					 permittee's storage area or commingled with the mixed beverages
					 inventory.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-403(g);
					 18B-1001(8),(9);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0703 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .0700 - SPECIAL OCCASIONS PERMITS › Section 15B .0702 - NOTICE TO BE POSTED

Current through Register Vol. 39, No. 2, July 15, 2024
When a private function is being held under a Special
					 Occasion Permit or Limited Special Occasion Permit, the permittee shall post a
					 notice certifying that a private function is being held. The notice shall be
					 posted in that area of the establishment in which alcoholic beverages are being
					 consumed or possessed.
Authority
					 G.S.
					 18B-100;
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0704 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .0700 - SPECIAL OCCASIONS PERMITS › Section 15B .0703 - NO PERMIT REQUIRED AT APARTMENT CLUBHOUSE

Current through Register Vol. 39, No. 2, July 15, 2024
A Special Occasion Permit is not required of club rooms or
					 social centers that are provided by apartment complexes or multiple family
					 housing projects for use by residents and their guests for parties, meetings or
					 other social events as long as no more than a nominal fee is charged to cover
					 additional or special janitorial services. (In those instances the club rooms
					 or social centers shall be considered a reasonable extension of the residents'
					 private residences, and no Special Occasion Permit is required). A club room or
					 social center shall be considered a commercial establishment for which a
					 Special Occasion Permit is required if the club room or social center:
(1) is rented to nonresidents of the multiple
				  family housing complex;
(2) is
				  rented to residents for a charge in excess of that reasonably calculated to
				  cover additional or special janitorial services; or
(3) holds a retail Malt Beverage, Unfortified
				  Wine, Fortified Wine, or Mixed Beverages Permit.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-301(c);
Eff. January 1, 1982:
Amended Eff. July 1, 1992; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0705 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .0700 - SPECIAL OCCASIONS PERMITS › Section 15B .0704 - WHEN PERMITS INVALID: MIXED BEVERAGE SALES

Current through Register Vol. 39, No. 2, July 15, 2024
When mixed beverages are being sold in a private dining
					 area, any other private area, or when the entire premises is being used for a
					 private function, any Special Occasion Permit that would otherwise be
					 applicable to the premises or area of the premises is invalid for that period,
					 and no person shall possess any spirituous liquor at that private function
					 other than the permittee and his employees.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1008;
Eff.
					 January 1, 1982;
Amended Eff. July 1, 1992; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0706 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .0700 - SPECIAL OCCASIONS PERMITS › Section 15B .0705 - DESTRUCTION OF LEFTOVER BEVERAGES

Current through Register Vol. 39, No. 2, July 15, 2024
The owner or operator of a commercial establishment holding
					 a Special Occasion Permit shall destroy all fortified wine and spirituous
					 liquor left on the premises by the host of a private function more than 48
					 hours after the conclusion of the function.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-403(g);
					 18B-1001(8);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0707 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .0700 - SPECIAL OCCASIONS PERMITS › Section 15B .0706 - TYPES OF PERMITS REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
The owner or operator of any commercial facility or
					 commercial establishment renting or furnishing the premises thereof for a
					 private function where the host of the function will possess more than eight
					 liters of fortified wine or spirituous liquor, or eight liters of the two
					 combined, shall either:
(1) apply for
				  and obtain a Special Occasion Permit, as required by
				  G.S.
				  18B-1001(8) and
				  G.S.
				  18B-902; or
(2) require the person in charge of the
				  private function to apply for and obtain a Limited Special Occasion Permit
				  under the provisions of
				  G.S.
				  18B-1001(9) and
				  18B-902.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-301(b),(c);
					 18B-1001(8),(9);
Eff. July 1, 1992;
Amended Eff. November 1, 2012;
Transferred and Recodified from
					 04 NCAC
					 02S .0708 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .0800 - CULINARY PERMITS › Section 15B .0801 - GENERAL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the general requirements for restaurants,
					 hotels and cooking schools in
					 G.S.
					 18B-1000 and the Rules of the Commission, a
					 restaurant, hotel, cooking school or catering service using fortified wine or
					 spirituous liquor for culinary purposes shall obtain those alcoholic beverages
					 from a lawful source within this State.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1000(1b),(4),(6);
					 18B-1001(11);
					 18B-1006(h);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0801 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .0800 - CULINARY PERMITS › Section 15B .0802 - SUSPENSION OF MIXED BEVERAGES PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
If the Mixed Beverages Permit of any permittee is
					 suspended, no fortified wine or spirituous liquor shall be used by the
					 permittee for culinary purposes during the period of
					 suspension.
Authority
					 G.S.
					 18B-100;
					 18B-104;
					 18B-207;
					 18B-1001(10),(11);
					 18B-1008;
Eff.
					 January 1, 1982;
Amended Eff. May 1, 1984;
Transferred
					 and Recodified from
					 04 NCAC
					 02S .0805 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .0900 - WINE AND BEER TASTINGS › Section 15B .0901 - TASTINGS HELD BY RETAILERS FOR CONSUMERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  General. A retail wine or malt beverage permittee may conduct tastings of wine
				  or malt beverages for consumers. A tasting held on the retailer's premises
				  requires the appropriate permit. Any retailer conducting a wine or malt
				  beverage tasting shall:
(1) Provide training
				  to its employees conducting and supervising any tasting, including:
(A) identification of potential underage
				  customers;
(B) recognition of
				  fictitious identification;
(C)
				  identification of potentially intoxicated customers; and
(D) service of correct sample sizes;
				  and
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 .0900 - WINE AND BEER TASTINGS › Section 15B .0902 - TASTINGS HELD BY INDUSTRY MEMBERS FOR CONSUMERS

Current through Register Vol. 39, No. 2, July 15, 2024
Where the legal sale of those beverages is permitted, an
					 industry member may furnish wine or malt beverages for tastings for consumers
					 provided that:
(1) The tasting is
				  conducted for promotional purposes; and
(2) No alcoholic beverages are sold, no sales
				  or orders are solicited, and no order blanks are placed in or about the
				  premises.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1107(a)(4);
					 18B-1109(a)(4);
					 18B-1116(b);
Eff. January 1, 1982;
Amended Eff. January 1, 2011; July 1, 1992;
					 May 1, 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0902 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .0900 - WINE AND BEER TASTINGS › Section 15B .0903 - TASTINGS HELD BY INDUSTRY MEMBERS FOR RETAIL PERMITTEES: SAMPLES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Samples. An industry member may give
				  samples of wine, malt beverages or spirituous liquor to a retail permittee
				  authorized to sell that beverage under the following circumstances:
(1) The industry member may give the retailer
				  up to three gallons per brand of malt beverages, up to three liters per brand
				  of wine and up to 50 milliliters per brand of spirituous liquor; and
(2) The retailer has not previously purchased
				  those brands from the industry member within the previous calendar
				  year.
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 .0900 - WINE AND BEER TASTINGS › Section 15B .0904 - TASTINGS HELD BY INDUSTRY MEMBERS FOR ABC BOARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Distiller representatives may conduct educational tastings for ABC board
				  members, general managers and employees, whose duties include product
				  selection, upon notification by the distiller representative to the Commission
				  and if the distiller representative has obtained a permit under
				  G.S.
				  18B-1001(9).
(b) A tasting held under this Rule shall not
				  be conducted in conjunction with a meal, a party or any other social event, but
				  shall be for business purposes only.
(c) No tasting shall be held on ABC board
				  property.
Authority
					 G.S.
					 18B-100;
					 18B-203(a)(9);
					 18B-207;
					 18B-1116;
Eff. April
					 1, 2011;
Transferred and Recodified from
					 04 NCAC
					 02S .0904 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .1000 - ADVERTISING › Section 15B .1001 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Section:
(1) The terms defined in G.S. Chapter 18B and
				  Subchapters 15A through 15C of this Chapter shall have the same meaning when
				  used in this Section.
(2)
				  "Advertising" means the publicizing of the trade name of a permittee, in
				  connection with or relating to alcoholic beverages or the publicizing of
				  alcoholic beverages by brand name, manufacturer's name or by other reference
				  and shall include any display intended to attract attention by a combination of
				  letters, pictures, objects, lighting effects, illustrations, etc., except that
				  such term shall not include:
(a) any label
				  affixed to any container of alcoholic beverages or any individual covering,
				  carton or other wrapper of the container; or
(b) any editorial for which no money or other
				  valuable consideration is paid or promised, directly or indirectly, by any
				  person subject to these Rules.
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 .1000 - ADVERTISING › Section 15B .1002 - GENERAL PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Compliance with
				  Rules. No permittee or affiliate shall publish, disseminate or broadcast, or
				  cause to be published, disseminated or broadcast, any advertisement, either
				  directly or indirectly, by newspaper, magazine, shopping guide, sign, circular,
				  direct mail, billboard, display, radio, television or other advertising medium
				  unless the advertisement is in conformity with all the rules of the Commission.
				  This requirement shall apply to any alcoholic beverage advertising, whether or
				  not it originates within this state. In addition, the Commission does not
				  hereby waive the discretion conferred upon it under
				  G.S.
				  18B-105 to prohibit any advertising that it
				  considers objectionable or contrary to public interest.
(b) Trade Practice Section Applies. In
				  addition to the rules in this Section, industry members shall comply with the
				  trade practice and advertising requirements of Section .0700 of Subchapter 15C
				  of this Chapter in their dealings with retailers and special one-time
				  permittees.
(c) Approval of
				  Advertising Not Authorized. Upon request and for good cause shown, the
				  Commission may authorize a form of advertising not specifically allowed or
				  authorized by these Rules.
(d)
				  Limited to Brands Listed. Advertisements of alcoholic beverages shall be
				  limited to the brands actually approved and listed by the Commission at the
				  time the advertisements appear.
(e)
				  Telephone Directory Listings. Permittees may insert telephone and city
				  directory listings if the listings conform in copy to the restrictions
				  enumerated in these Rules.
(f)
				  Advertising within Transportation Terminals. Upon application, the Commission
				  may allow a permittee to advertise alcoholic beverages within transportation
				  terminals by displays or otherwise.
(g) Exchange of Advertising by Permittee. Any
				  retail permittee of the Commission may give to any other retail permittee of
				  the Commission any advertising material if it meets the requirements of these
				  Rules.
Authority
					 G.S.
					 18B-100;
					 18B-105(b);
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .1004 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:
James L. Conner, II,
						Administrative Law Judge with the Office of Administrative Hearings, declared
						Rule 4
						NCAC 02S .1004(c) void as
						applied in Daniel W. Shelton t/a Shelton Broers v. N.C. Alcoholic Beverage
						Control Commission (99 ABC 1641).
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 .1000 - ADVERTISING › Section 15B .1003 - PROHIBITED STATEMENTS IN ADVERTISING OR ON LABELS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  General Restrictions. An advertisement or product label on any alcoholic
				  product sold or distributed in this State shall not contain any statement,
				  design, device, or representation that:
(1) is
				  contrary to the Federal Alcohol Administration Act,
				  27 C.F.R. Sections
				  4.39,
				  4.64,
				  5.42,
				  5.65,
				  7.29, or
				  7.54, as interpreted by the
				  Commission. The provisions of
				  27 C.F.R. Sections
				  4.39,
				  4.64,
				  5.42,
				  5.65,
				  7.29, and
				  7.54 referenced in this Rule are
				  hereby incorporated, including subsequent amendments and editions, and may be
				  accessed for free at
https://www.gpo.gov
;
(2) depicts the use of alcoholic beverages in
				  a scene that is determined by the Commission to be undignified, immodest, or in
				  bad taste;
(3) offers a prize or
				  award upon the completion of any contest in which there is a requirement to
				  purchase the advertised product, except as otherwise permitted pursuant to
				  14B NCAC
				  15C .0714, provided that no advertisement
				  shall promote a game of chance or a lottery;
(4) promotes or encourages the sale to, or
				  use by, persons under 21 years of age of alcoholic beverages, including any
				  representation portraying a person under 21 years of age consuming alcoholic
				  beverages;
(5) is inconsistent with
				  the State laws of public safety or safe driving.
(6) is contrary to State laws and rules
				  governing sale, storage, or consumption of alcoholic beverages; or
(7) is otherwise prohibited pursuant to a
				  rule in this Chapter.
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 .1000 - ADVERTISING › Section 15B .1004 - GENERAL PROHIBITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the
				  purposes of this Rule, the following definitions shall apply:
(1) "Coupon" means a part of a retail
				  permittee's advertisement that is redeemed by a purchaser to the retail
				  permittee to obtain a discount at the time of sale;
(2) "Loyalty card, discount card, or
				  membership card" means a card that is issued by a retail permittee to customers
				  that, upon presentation to the retail permittee, provides for the purchaser to
				  receive a loyalty card, discount card, membership card, or coupon discount on a
				  portion of the amount paid by the purchaser for off-premises beer or wine
				  consumption sales at the time of sale; and
(3) "Rebate" for a retail permittee, means a
				  promise by the retail permittee to return a portion of the amount paid by the
				  purchaser upon the condition the purchaser completes a rebate form and the
				  purchaser meets the terms and conditions of the rebate form's
				  requirements.
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 .1000 - ADVERTISING › Section 15B .1005 - COOPERATIVE ADVERTISING PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
Except for point-of-sale advertising furnished to a
					 retailer by an industry member, a retailer and an industry member shall not
					 directly or indirectly cooperate in a joint effort to advertise alcoholic
					 beverages, the retailer's business, or any promotion or other event unless
					 prior written approval has been obtained from the Commission under
					 14B NCAC
					 15C .0715 of this Chapter. This Rule shall
					 not be construed to prohibit the use by a retailer of items and services that
					 may be lawfully sold or provided by an industry member as described in
					 14B NCAC
					 15C .0700 of this Chapter.
Authority
					 G.S.
					 18B-100;
					 18B-105(b);
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .1007 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .1000 - ADVERTISING › Section 15B .1006 - ADVERTISING OF MALT BEVERAGES, WINE AND MIXED BEVERAGES BY RETAILERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Interior Advertising.
(1) Point-of-Sale. Retail malt beverage,
				  wine, and mixed beverage permittees may utilize any amount of point-of-sale
				  advertising for malt beverage, wine, and mixed beverage products offered for
				  sale in the establishment. This advertising may be supplied by the industry
				  member unless it constitutes a fixture or has value other than as advertising
				  material. However, an industry member may give a retailer brand-identified
				  items listed in
				  14B NCAC
				  15C .0711(c) for use as
				  point-of-sale advertising;
(2)
				  Price Boards. Retail malt beverage, wine, and mixed beverage permittees may
				  display inside price boards showing the brand names and prices of malt
				  beverage, wine, and mixed beverage products offered for sale in the
				  establishment;
(3) Menus and
				  Beverage Lists. Retail on-premise malt beverage, wine, and mixed beverage
				  permittees may place on the menu and beverage lists the brand names and prices
				  of malt beverage, wine, and mixed beverage products offered for sale in the
				  establishment. Beverage lists may be supplied by an industry member and may
				  include up to six items from the retailer's food menu but shall not include the
				  name, logo, or other identifier of the retail permittee on the advertisement. A
				  table tent shall be considered a beverage list for purposes of this
				  Rule;
(4) Retailer Advertising
				  Specialty Items. "Retailer advertising specialty items" are items such as
				  trays, coasters, mats, meal checks, paper napkins, glassware, cups, foam
				  scrapers, back bar mats, thermometers, and other similar items that bear
				  advertising matter. Advertising specialty items may be provided to a retailer
				  by an industry member as provided in
				  14B NCAC
				  15C .0711(b)(8);
(5) Window Displays. Retail malt beverage,
				  wine, and mixed beverage permittees may arrange unopened malt beverage, wine,
				  or spirituous liquor products in a window display;
(6) Location. Except as permitted pursuant to
				  Paragraph (e) of this Rule, no point-of-sale advertising, advertising specialty
				  item or price board shall be displayed in a manner designed or intended to
				  advertise malt beverages, wine, or mixed beverages on the outside of the
				  establishment; and
(7) T-shirts. A
				  retailer's employees shall not wear alcoholic beverage brand identified
				  t-shirts while working on the retailer's licensed premises.
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 .1000 - ADVERTISING › Section 15B .1007 - ADVERTISING OF MALT BEVERAGES AND WINE BY INDUSTRY MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Billboards; Media. Industry members may
				  advertise malt beverages or wine on outdoor billboards, by radio, television,
				  newspaper or magazine, and by other similar means. Outdoor billboards or signs
				  shall not be displayed on the premises of any retail permittee's establishment
				  nor in areas where sale of that product is unlawful.
(b) Aerial Display. Malt beverages and wine
				  may be advertised by industry members by means of aerial displays or tethered
				  inflatables, including banner-towing, hot air balloons and parachutes, if:
(1) One or more photographs or drawings of
				  the displays have been submitted to the Commission and the permittee has
				  received prior written approval;
(2) The advertising on the aerial display is
				  in conformity with all other rules in this Section; and
(3) No aerial display or inflatable is placed
				  on or over the premises of a retail permittee's establishment.
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 .1000 - ADVERTISING › Section 15B .1008 - ADVERTISING OF SPIRITUOUS LIQUORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) ABC Stores.
				  An ABC store may have one or more outside signs located on the premises for the
				  purpose of identifying the outlet if the sign is not prohibited by local
				  ordinance and it has been approved by the Commission. During the approval
				  process the Commission shall consider the following factors:
(1) the proximity of the ABC store to schools
				  and churches;
(2) the number and
				  size of the signs requested;
(3)
				  the text and graphics on the sign;
(4) the materials that make up the sign;
				  and
(5) the public concern in
				  matters of the public's welfare.
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 .1000 - ADVERTISING › Section 15B .1009 - NOVELTIES UTILIZING TRADEMARKS/NAMES: OTHER MATERIALS

Current through Register Vol. 39, No. 2, July 15, 2024
Industry members may use or allow to be used their
					 trademark, trade name or other similar advertising materials in the
					 manufacturing of novelty items such as ice chests, beach towels, umbrellas, and
					 other similar items provided that any advertising material other than trade
					 name or trademark shall receive approval by the Commission prior to
					 distribution in North Carolina. Novelties may be sold to a retailer by an
					 industry member as provided in
					 14B NCAC
					 15C .0711(a)(1) of this
					 Chapter.
Authority
					 G.S.
					 18B-100;
					 18B-105(b);
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .1012 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .1000 - ADVERTISING › Section 15B .1010 - BOTTLE NECK HANGERS

Current through Register Vol. 39, No. 2, July 15, 2024
Bottle neck hangers that are in conformity with Rule .1003
					 of this Section may be used.
Authority
					 G.S.
					 18B-100;
					 18B-105(b);
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02S .1013 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .1000 - ADVERTISING › Section 15B .1011 - RECIPES AND BOOKLETS

Current through Register Vol. 39, No. 2, July 15, 2024
Recipes, booklets and brochures for cooking with alcoholic
					 beverages and information with reference to the use of those products with
					 certain foods are permitted and may specify the brand and the name of the
					 bottler, manufacturer or importer. Malt beverage and wine industry members may
					 give recipes, booklets and brochures for cooking with those products to
					 retailers. Recipes, booklets and brochures for cooking with spirituous liquor
					 shall be submitted to the Commission with point-of-sale materials as required
					 in Rule .1008(e) of this Section.
Authority
					 G.S.
					 18B-100;
					 18B-105(b);
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. July 1, 1992;
Transferred and
					 Recodified from
					 04 NCAC
					 02S .1014 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .1000 - ADVERTISING › Section 15B .1012 - REVOCATION OR SUSPENSION OF PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The permit
				  of any manufacturer or wholesaler distributor that violates any of the
				  provisions of this Section may be suspended or revoked in the discretion of the
				  Commission.
(b) The suspension or
				  revocation of the permit of any wholesaler for a violation of these Rules shall
				  raise a rebuttable presumption that the unlawful activity by the wholesaler was
				  done with the knowledge and consent of the manufacturer.
(c) Upon a finding that the manufacturer had
				  knowledge of the wholesaler's violation of any of these Rules and that the
				  manufacturer failed to take appropriate disciplinary action the permit of the
				  manufacturer to do business in North Carolina may be suspended or revoked in
				  the discretion of the Commission or any codes listed by the Commission may be
				  put on embargo by the Commission for a specific period of time.
Authority
					 G.S.
					 18B-100;
					 18B-104;
					 18B-105(a);
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02S .1015 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .1000 - ADVERTISING › Section 15B .1013 - REFUND OFFERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General. Refund
				  offers may be used to advertise spirituous liquor. Refund offers may be
				  advertised by newspaper, magazine, direct mail, the Internet, or other
				  electronic means.
(b) Conditions. A
				  refund offer is an offer to a purchaser for a rebate of money or merchandise
				  from a liquor industry member, obtained by submitting a form. A refund offer is
				  allowed under the following conditions:
(1) A
				  refund may be offered only by a manufacturer, importer, distiller, recifier, or
				  bottler of spirituous liquor.
(2) A
				  refund may be offered only to purchasers of the manufacturer's original
				  unopened container of liquor that is purchased from an ABC store.
(3) A refund may be offered in any of the
				  following ways:
(A) When the redemption form
				  is a part of or attached to the package or container, or when the forms are
				  available on tear-off pads displayed in the store. Any offer that is a part of
				  or attached to the package or container shall be placed there by the industry
				  member who offers the refund.
(B)
				  When the redemption form is part of an electronic refund procedure or software
				  application made available by the industry member or its designated redemption
				  agent.
(4) The
				  redemption form shall include a statement that the person redeeming the refund
				  must be at least 21 years of age.
(5) A refund offer shall apply throughout the
				  State.
(6) A refund offer shall
				  include an expiration date.
(7) A
				  refund offer shall include a statement explaining the redemption procedure,
				  including the expiration date and length of time before the refund is sent to
				  the purchaser. Refund offers shall be redeemed by submitting the redemption
				  form to the industry member who offers the refund or its designated redemption
				  agent in the manner required by the industry member, either by mail or
				  electronically. The designated redemption agent shall not be a retail or
				  wholesale permittee in the State.
(8) An industry member shall notify the
				  Commission at least 10 days before it provides a refund offer on liquor. The
				  notice shall state the proposed amount of the refund, its expiration date, to
				  whom redemption forms shall be submitted, and the name, address, and phone
				  number of the redemption agent. The notice shall also include a sample of the
				  redemption form or the redemption procedure.
(9) A local board member or board employee
				  shall not submit a redemption form for a refund under this Rule except for
				  purchases of spirituous liquor the local board member or board employee has
				  made.
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 .1100 - EFFECT OF ADMINISTRATIVE ACTION: FINES: OFFERS IN COMPROMISE › Section 15B .1101 - PROHIBITED ACTIVITY DURING PERIOD OF SUSPENSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  selling, dispensing or consuming of alcoholic beverage products on the licensed
				  premises of any retail outlet is prohibited while the permit authorizing that
				  activity is under suspension, and no alcoholic beverages shall be removed from
				  the premises during the suspension period.
(b) During a period of suspension of a
				  permittee's permit, he continues to be a permittee and shall comply with all
				  ABC laws, including conditions of his permit, during the suspension period.
				  Suspension of permits does not operate to relieve any permittee of the
				  continuing requirements for qualification for a permit.
(c) The suspension of any permit authorizing
				  the sale of alcoholic beverages also suspends the permittee's authorization to
				  purchase or accept deliveries of those alcoholic beverages from a wholesaler or
				  local ABC board for the entire length of the active suspension
				  period.
(d) Suspensions shall begin
				  at 7:00 a.m. on the effective date ordered by the Commission in the Order of
				  Suspension or Order of Compromise.
Authority
					 G.S.
					 18B-100;
					 18B-104;
					 18B-207;
					 18B-1004(a);
					 18B-1008;
Eff.
					 January 1, 1982;
Amended Eff. July 1, 1992; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .1101 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .1100 - EFFECT OF ADMINISTRATIVE ACTION: FINES: OFFERS IN COMPROMISE › Section 15B .1102 - PROHIBITED ACTIVITY DURING SUSPENSION: BROWNBAGGING

Current through Register Vol. 39, No. 2, July 15, 2024
The suspension of a Brownbagging Permit suspends the
					 permittee's privilege to allow patrons or members to possess, store, and
					 consume fortified wine or spirituous liquor upon the premises during the period
					 of suspension.
Authority
					 G.S.
					 18B-100;
					 18B-104;
					 18B-207;
					 18B-1008;
Eff.
					 January 1, 1982;
Amended Eff. May 1, 1984;
Transferred
					 and Recodified from
					 04 NCAC
					 02S .1102 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .1100 - EFFECT OF ADMINISTRATIVE ACTION: FINES: OFFERS IN COMPROMISE › Section 15B .1103 - MEMBERSHIP REQUIREMENTS STILL APPLICABLE

Current through Register Vol. 39, No. 2, July 15, 2024
Suspension of a private club permit does not operate to
					 relieve the permittee of the continuing requirements for qualification for a
					 private club permit, including requirements regarding membership and operation
					 as a private facility.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1008;
Eff.
					 January 1, 1982;
Amended Eff. July 1, 1992; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .1103 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .1100 - EFFECT OF ADMINISTRATIVE ACTION: FINES: OFFERS IN COMPROMISE › Section 15B .1104 - ADMINISTRATIVE FINES: PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
When the Commission orders a permittee to pay a fine as
					 part of a penalty, payment shall be received in the Commission offices in
					 Raleigh no later than 21 days following the meeting at which the Commission
					 orders the fine. The Commission shall include, as part of the order, what
					 penalty will be imposed if the fine has not been received by the Commission by
					 the prescribed deadline. Payment shall be made in accordance with
					 14B NCAC
					 15A .0104.
Authority
					 G.S.
					 18B-100;
					 18B-104;
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02S .1104 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20, 2016;
Amended Eff. July
					 1, 2018.
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 .1100 - EFFECT OF ADMINISTRATIVE ACTION: FINES: OFFERS IN COMPROMISE › Section 15B .1105 - OFFER IN COMPROMISE

Current through Register Vol. 39, No. 2, July 15, 2024
When the Commission accepts from a permittee an offer in
					 compromise as settlement or partial settlement in a contested case, the
					 monetary payment accepted in the offer shall be paid on or before the date set
					 by the Commission or a hearing officer and shall be paid by means of a
					 certified check, cashier's check or money order made payable to the North
					 Carolina ABC Commission.
Authority
					 G.S.
					 18B-100;
					 18B-104;
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02S .1106 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.
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 .0100 - DEFINITIONS: APPLICATION PROCEDURES › Section 15C .0101 - REPEALED - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-100;
					 18B-101;
					 18B-207;
					 18B-1112;
					 18B-1113;
					 18B-1114;
					 18B-1116;
Eff.
					 January 1, 1982;
Amended Eff. April 1, 2011; July 1, 1992; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02T .0101 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19, 2017;
Repealed Eff.
					 September 1, 2019.