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 .2300 - HOMEMADE WINE AND MALT BEVERAGE EVENTS › Section 15A .2307 - ALLOWABLE FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No admission
				  fee shall be charged to persons consuming homemade product.
(b) A fee required to enter into the site of
				  a competition may be charged for a competition, except that no fees shall be
				  charged for a competition occurring at a private residence.
(c) An admission or entrance fee may be
				  charged by the organizer of an exhibition.
(d) A registration or entry fee may be
				  charged to a homemaker for entering a homemade product to be judged in a
				  competition, or for participating in a home product production education
				  meeting.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-306;
Eff. January
					 1, 2019.
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 .0100 - DEFINITIONS: PERMIT APPLICATION PROCEDURES › Section 15B .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions found in Sections
					 18B-101 and
					 18B-1000 of the North Carolina
					 General Statutes, the following definitions apply to this Subchapter:
(1) "Employee" means any person who performs
				  a service for any person holding an ABC permit, regardless of whether that
				  person is compensated for the performance of those services.
(2) "Intoxicated" means the condition of a
				  person whose mental or physical functioning appears to be presently
				  substantially impaired as a result of the use of alcohol or other substance, as
				  set forth in
				  G.S.
				  122C-3(18), and shall be
				  when the person appears to a reasonable observer to be so far under such
				  influence that:
(A) the person's emotions are
				  conspicuously uncontrolled; or
(B)
				  the person's intelligence, sense-perceptions, judgment, continuity of thought
				  or of ideas, speech and coordination of volition with muscular action, or some
				  of these faculties or processes are materially impaired.
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 .0100 - DEFINITIONS: PERMIT APPLICATION PROCEDURES › Section 15B .0104 - NONRESIDENT PERMITTEE: RESIDENT MANAGER REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
All nonresident applicants for retail ABC permits shall
					 appoint a resident of North Carolina as manager of the business for which the
					 permit is sought. In addition, the nonresident applicant shall execute a power
					 of attorney, appointing the resident manager as attorney-in-fact for the
					 nonresident. The power of attorney shall be registered in the county in which
					 the proposed licensed business is located as provided in
					 G.S.
					 47-28. A certified copy of the duly
					 registered power of attorney shall be submitted with the application of all
					 persons required to file and qualify under
					 G.S.
					 18B-900(c).
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-900(a),(c);
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0104 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 .0100 - DEFINITIONS: PERMIT APPLICATION PROCEDURES › Section 15B .0105 - SPECIAL REQUIREMENTS FOR RESTAURANTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Requirements to Qualify for Brownbagging, On-premise Fortified Wine, Mixed
				  Beverages, or Modified Plan Permits. To qualify as a restaurant for a
				  Brownbagging, on-premise Fortified Wine or Mixed Beverages Permit, or a Malt
				  Beverages Permit in areas approving on-premise malt beverages under
				  G.S.
				  18B-602(a)(4), a business
				  shall have an inside dining area set aside for the service of meals that
				  contains seating for at least 36 persons. Food shall be available at all times
				  that alcoholic beverages are being served. After 10:00 P.M., restaurants may
				  offer a partial food menu or prepackaged food in individual servings.
(b) Typical Characteristics. Although a
				  facility need not possess all of the following characteristics to qualify as a
				  restaurant, each is typical of a bona fide restaurant and the Commission shall
				  consider the extent to which a facility possesses these characteristics in
				  deciding whether to issue, suspend, or revoke the permits listed in Paragraph
				  (a):
(1) The facility has a printed menu
				  listing full meals with substantial entrees;
(2) The facility has complete cooking and
				  refrigeration equipment;
(3) The
				  greatest portion of the food sold is prepared in the facility's own kitchen and
				  prepackaged food is only an incidental part of the sales;
(4) The greatest portion of the food sold is
				  consumed on the premises;
(5) There
				  are separate kitchen and service staffs;
(6) Seating for dining customers is primarily
				  at tables;
(7) Only a small portion
				  of the premises is devoted to activities unrelated to the service and
				  consumption of food; and
(8) Sales
				  of food are significantly greater than sales of nonalcoholic beverages,
				  especially nonalcoholic beverages sold as "set-ups."
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 .0100 - DEFINITIONS: PERMIT APPLICATION PROCEDURES › Section 15B .0106 - SPECIAL REQUIREMENTS FOR HOTELS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Requirements to Qualify for Brownbagging, On-premise Fortified Wine, Mixed
				  Beverages, or Modified Plan Permits. To qualify as a hotel for a Brownbagging
				  or a Mixed Beverages Permit, or a Malt Beverage Permit in areas approving
				  on-premise malt beverages under
				  G.S.
				  18B-602(a)(4), an
				  establishment shall have on or closely associated with its premises a
				  restaurant providing at least 36 seats. The restaurant may or may not be owned
				  by the same person who owns the hotel. (If the restaurant is owned by a person
				  different from the owner of the hotel, permits shall not be issued to the
				  restaurant unless it qualifies under Rule .0105 of this Section).
(b) For a hotel to obtain one of the permits
				  listed in Paragraph (a), the applicant shall submit to the Commission, the
				  appropriate application fee and the following documents:
(1) a completed application on a form
				  provided by the Commission, which includes the full names and addresses of all
				  owners, officers, directors, shareholders owning 25 percent or more of the
				  stock, interest holders holding 25 percent of the interest, and the manager;
				  if, however, a corporation holds any other ABC permit, application by the
				  manager is sufficient;
(2) a copy
				  of the restaurant's menu or a list of food served; and
(3) photographs of sufficient detail to show
				  the following:
(A) entire kitchen including
				  all equipment;
(B) all permanent
				  dining areas, showing seating arrangements, including patio or outdoor areas
				  where alcoholic beverages might be served or consumed;
(C) bars, counters and mixing
				  stations;
(D) locked storage area
				  or areas; and
(E) front exterior of
				  hotel and restaurant.
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 .0100 - DEFINITIONS: PERMIT APPLICATION PROCEDURES › Section 15B .0107 - SPECIAL REQUIREMENTS FOR PRIVATE CLUBS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Use of the
				  private club's facility shall not be open to the general public but shall be
				  limited to members of the private club and their guests.
(b) Typical Characteristics. Although a
				  private facility need not possess all of the following characteristics to
				  qualify as a private club, each is typical of a club and the Commission shall
				  consider the extent to which a facility possesses these characteristics in
				  deciding whether to issue, suspend, or revoke a Brownbagging, Fortified Wine or
				  Mixed Beverages Permit:
(1) Membership is
				  subject to stated requirements that tend to show a common bond among
				  members;
(2) Some limit related to
				  the size of the facility is placed on total membership;
(3) All members are allowed to participate in
				  its organizational affairs, including the selection of officers or directors at
				  reasonably frequent intervals;
(4)
				  The club operates pursuant to a charter, articles of association, constitution,
				  or similar basic document and has adopted by-laws, copies of which are provided
				  to each member;
(5) The club has
				  stated objectives of a social, recreational, patriotic or fraternal nature and
				  its activities advance those objectives;
(6) Membership entitles a person to multiple
				  privileges other than the consumption of alcoholic beverages;
(7) Most members hold full rather than
				  limited memberships;
(8) Facilities
				  and activities other than those customarily related to the consumption of
				  alcoholic beverages are available to members;
(9) Some limits are placed on the number of
				  times a guest may use the facility; and
(10) Guests constitute a relatively small
				  portion of the users of the facility.
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 .0100 - DEFINITIONS: PERMIT APPLICATION PROCEDURES › Section 15B .0108 - ILLEGAL USE OF PERMITS: CHANGE OF OWNERSHIP OR NAME

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No permittee shall allow any other person
				  to use his permit to operate the licensed premises after disposing of his
				  financial interest in the licensed premises.
(b) A permittee shall not pay any profits
				  derived from the operation of the licensed business to any person who neither
				  owns a financial interest in the business nor performs a service for the
				  business. This restriction shall not, however, prohibit a permittee from
				  entering into a lease by which the landlord is entitled to a percentage of
				  receipts in lieu of or in addition to a periodic rent payment.
(c) Change in Ownership. A permit shall
				  automatically terminate whenever any change in the ownership of the business,
				  as provided in
				  G.S.
				  18B-903(c) occurs. Permits
				  issued for a business in which a change of ownership has occurred shall be
				  returned to the Commission or delivered to the State ALE agent assigned to the
				  area.
(d) Change in Name. When the
				  permittee's name or name of business is changed, the permittee shall apply to
				  the Commission for duplicate permits in accordance with
				  G.S.
				  18B-903(g).
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-903;
Eff. January
					 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0108 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 .0100 - DEFINITIONS: PERMIT APPLICATION PROCEDURES › Section 15B .0109 - CORPORATIONS HOLDING PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
Any corporation holding an ABC permit in this State that
					 seeks permits for any additional business location shall have the manager of
					 the new location file the appropriate application and fee, and qualify under
					 G.S.
					 18B-900(a).
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-900;
					 18B-902(a);
					 18B-903(d);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0103 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20, 2016;
Recodified from
					 14B NCAC
					 15B .0103 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 .0100 - DEFINITIONS: PERMIT APPLICATION PROCEDURES › Section 15B .0113 - ALCOHOL SELLER/SERVER TRAINING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  applicants applying for retail ABC permits shall submit as part of the
				  application proof of responsible alcohol seller/server training prior to
				  obtaining an ABC permit.
(b) The
				  Commission shall accept documentation provided by an approved course provider
				  or approved corporate, partnership, or limited liability company business
				  permittee, such as a certificate of training or transcript. In the event the
				  approved course provider did not issue a document reflecting completion of
				  training, the applicant may have the course provider sign a form provided by
				  the ABC Commission attesting to completion of this training.
(c) Minimum course content requirements for
				  an approved responsible alcohol seller/server training course shall include
				  North Carolina-specific laws including:
(1)
				  age requirements for possessing, purchasing, and consuming alcoholic
				  beverages;
(2) age requirements for
				  selling and serving alcoholic beverages;
(3) acceptable forms of
				  identification;
(4) methods to
				  detect fake, altered, and imposter forms of identification;
(5) State Dram Shop laws;
(6) sales to intoxicated persons, including:
(A) penalties;
(B) prevention;
(C) typical signs of intoxication;
				  and
(D) methods of detecting
				  intoxication in customers;
(7) sales to underage persons, including:
(A) penalties;
(B) prevention; and
(C) methods of identifying potentially
				  underage customers;
(8)
				  hours of sale and consumption, including clearing of tables;
(9) prohibited conduct on the ABC licensed
				  premises, including:
(A) drug use;
				  and
(B) gambling; and
(10) amounts of alcohol that may
				  be purchased by customers in accordance with
				  G.S.
				  18B-303.
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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0201 - GENERAL GUIDELINES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The permittee
				  shall ensure that the Commission's rules governing the sale, possession,
				  transportation, storage, and consumption of alcoholic beverages on the licensed
				  premises are adhered to by employees and patrons. Further, a permittee shall
				  ensure that all Commission rules on the operation of a business with ABC
				  permits are adhered to by employees and patrons.
(b) Wrist bands, ink stamps or other similar
				  devices are not reasonable indications of age of a purchaser at the time of
				  sale as referenced by
				  G.S.
				  18B-302(d)(2).
(c) The permittee is responsible for the
				  actions of all sellers and servers of alcoholic beverages on the permitted
				  premises.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-302(d)(2);
					 18B-1003(a),(b);
Eff. January 1, 1982;
Amended Eff. November 1, 2011; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0201 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0202 - CLEARING TABLES/COUNTERS; HOURS FOR POSSESSION/REMOVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Clearing Beverages Off Tables and
				  Counters. All tables and counters shall be cleared of all alcoholic beverages,
				  bottles, cans, glasses and containers by 2:30 a.m. No permittee or his
				  employees shall allow a patron to possess a container of alcoholic beverages
				  after 2:30 a.m.
(b) Removal From
				  Premises. No alcoholic beverages may be removed from any retail licensed
				  premises whenever the sale of alcoholic beverages is prohibited by
				  law.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1004;
					 18B-1005(a)(1);
Eff. January 1, 1982;
Amended Eff. July 1, 1992;
Transferred and Recodified from
					 04 NCAC
					 02S .0202 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0203 - EMPLOYEE AGE REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Age
				  Requirement: Brownbagging, Mixed Beverages and Special Occasions Permits.
				  Persons holding Brownbagging, Mixed Beverages or Special Occasions Permits
				  shall have an employee who is at least 21 years of age in charge of the
				  licensed premises at all times.
(b)
				  Age Requirement: Malt Beverage, Unfortified Wine and Fortified Wine Permits.
				  Persons holding retail Malt Beverage, Unfortified Wine, or Fortified Wine
				  Permits shall have an employee who is at least 18 years old in charge of the
				  licensed premises at all times.
(c)
				  Bartenders: Brownbagging, Mixed Beverages and Special Occasions Permits. No
				  person under the age of 21 may be employed by any permittee to mix drinks
				  containing spirituous liquor.
(d)
				  Waiters and Waitresses. Ages of persons employed in the preparation, serving,
				  sale or delivery of alcoholic beverages at any establishment holding permits
				  for the on-premise sale or consumption of alcoholic beverages are governed by
				  the provisions of The Wage and Hour Act, Article 2A of Chapter 95 of the N.C.
				  General Statutes.
(e) Other
				  Employees: This Rule does not prohibit the employment of a minor by a permittee
				  if the minor does not prepare, serve, sell, or deliver any alcoholic beverages,
				  and if the employment is otherwise lawful under the Wage and Hour
				  Act.
(f) Off-Premise Permits. This
				  Rule does not prohibit the employment of minors at an establishment holding
				  only off-premise permits for the retail sale of malt beverages or
				  wine.
(g) Topless Minors. No
				  permittee may employ or allow any female under the age of 18 to perform any
				  service if the minor exposes to public view or wears transparent clothing that
				  reveals the nipple or any portion of the areola of the breast.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-900;
					 95-25.5(j);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0205 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0204 - INTOXICATED PERSONS

Current through Register Vol. 39, No. 2, July 15, 2024
No permittee or his employees shall allow an intoxicated
					 person to consume alcoholic beverages on his licensed
					 premises.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-305;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02S .0206 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0205 - GAMBLING: GAMBLING DEVICES PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No
				  permittee or his employee shall engage in gambling nor allow any other person
				  to engage in gambling on the licensed premises.
(b) No permittee or his employees shall
				  possess or permit the possession by another person of any gambling devices on
				  the licensed premises.
Authority
					 G.S.
					 14-292 through
					 14-297;
					 18B-100;
					 18B-207;
					 18B-1005(a)(3);
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0207 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0206 - ILLEGAL DRUG USE PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
No permittee or his employees shall possess or use, or
					 knowingly allow any other person to possess or use any controlled substance or
					 other illegal drug in violation of the North Carolina Controlled Substances Act
					 (Article 5 of Chapter 90 of the N. C. General Statutes) on the licensed
					 premises.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1005(a)(3);
Eff. January 1, 1982;
Transferred and Recodified from
					 04 NCAC
					 02S .0208 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0207 - DISORDERLY CONDUCT PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
No permittee or his employee shall engage in an affray or
					 disorderly conduct, or permit any other persons to engage in an affray or
					 disorderly conduct on the licensed premises.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1005(a)(2);
Eff. January 1, 1982;
Transferred and Recodified from
					 04 NCAC
					 02S .0210 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0208 - UNLAWFUL POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES

Current through Register Vol. 39, No. 2, July 15, 2024
No permittee or his employee shall sell, offer for sale,
					 possess or knowingly permit the possession or consumption on the licensed
					 premises of any kind of alcoholic beverages, the sale or possession of which is
					 not authorized by the ABC laws or by the permits issued to that
					 permittee.
Authority
					 G.S.
					 18B-100;
					 18B-102(a);
					 18B-207;
					 18B-301(f)(4),(6);
					 18B-1006(c),(d);
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0211 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0209 - CONSUMPTION: INTOXICATION BY PERMITTEE PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No
				  permittee or permittee's employees shall be on licensed premises permitted
				  under G.S. 18B-1001,
				  18B-1002,
				  18B-1114.1 or
				  18B-1114.5 after consuming
				  alcoholic beverages except under the following conditions:
(1) The permittee or employee is off duty for
				  the remainder of that day or night during which the permittee or employee
				  consumes any alcoholic beverage;
(2) The permittee or employee is out of
				  uniform when uniforms are required to be worn while performing any on duty
				  services; and
(3) The permittee or
				  employee shall not perform any on duty services of any nature while or after
				  consuming alcoholic beverages.
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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0210 - COOPERATION WITH LAW ENFORCEMENT OFFICERS

Current through Register Vol. 39, No. 2, July 15, 2024
No permittee or his employee shall interfere with or fail
					 to cooperate with an ALE agent or any other law enforcement officer in the
					 performance of his duties.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-502;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02S .0213 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0211 - EMPLOYMENT OF UNSUITABLE PERSONS

Current through Register Vol. 39, No. 2, July 15, 2024
A permittee shall not employ an unsuitable person in any
					 position involved with the preparation, sale, distribution, or dispensing of
					 alcoholic beverages or place such a person in charge of the licensed premises.
					 For purposes of this Rule, "unsuitable person" includes a person who:
(1) has been convicted of a felony within the
				  preceding three years;
(2) has been
				  convicted of an alcoholic beverage or controlled substances offense within the
				  preceding two years; or
(3) has had
				  any permit for the sale or possession of alcoholic beverages revoked within the
				  preceding three years.
The Commission may waive the provisions of this Rule upon
					 investigation and determination that the restriction would cause undue hardship
					 for the employee or the permittee or otherwise unreasonably interfere with the
					 operation of a licensed establishment.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1003(c);
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0214 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0212 - SUPERVISION OF PREMISES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No permittee or
				  his employee shall allow any persons to use the yards or grounds of the
				  licensed premises as a toilet.
(b)
				  A permittee shall keep the licensed premises clean and arranged and well
				  lighted to allow ready access and observation by enforcement officers and to
				  avoid any undue hazards to patrons.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1005;
Eff.
					 January 1, 1982;
Amended Eff. May 1, 1984;
Transferred
					 and Recodified from
					 04 NCAC
					 02S .0215 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0213 - COIN VENDING MACHINES TO DISPENSE BEVERAGES PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No permittee or his employee shall use or
				  permit the use of any automatically operated or coin vending machines for
				  dispensing alcoholic beverages.
(b)
				  In-room bars or cabinets from which alcoholic beverages are dispensed, that are
				  placed in the lodging rooms of a guest room cabinet permittee, shall not be
				  considered automatically operated vending machines.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1001(13);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0218 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0214 - TRADE NAME SIGNS

Current through Register Vol. 39, No. 2, July 15, 2024
Within 60 days of receipt of his permanent permit, a
					 permittee shall have at least one sign on the exterior of his premises that
					 states the trade name of his premises as it appears on his permit. The sign
					 shall be maintained on the exterior of the premises at all
					 times.
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 .0220 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0215 - SALES ONLY OF APPROVED PRODUCTS

Current through Register Vol. 39, No. 2, July 15, 2024
Except as otherwise provided in the Commission's rules, no
					 person holding a permit for the retail sale of any alcoholic beverages shall
					 sell, offer for sale, or possess for the purpose of sale any alcoholic beverage
					 product that has not been first approved by the Commission for sale and
					 distribution in the State of North Carolina.
Authority
					 G.S.
					 18B-100;
					 18B-206;
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02S .0222 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0216 - SPECIAL ORDERS FOR WINES

Current through Register Vol. 39, No. 2, July 15, 2024
Individuals with an approved special order permit may order
					 and purchase wines not on the Commission's approved list of wines for their
					 personal consumption and for consumption by their bona fide guests. Restaurants
					 with both the appropriate on-premise wine permit and an approved special order
					 permit may order and purchase wine for resale to their patrons. The customer
					 shall be of good character and reputation, have no record of violation of the
					 ABC laws, and certify that his purchase is for the use of himself or bona fide
					 guests or for use at a restaurant holding the appropriate on-premise wine
					 permit. A special order permit is issued at no charge for one year and is good
					 for all purchases made through the same retailer during that year. Orders for
					 these purchases shall be made at licensed retail outlets that in turn place
					 their orders with licensed wine wholesalers. These orders and purchases shall
					 be made in case quantities not exceeding the legal limit for any one purchaser.
					 When the wholesaler or retailer possesses the wine, he shall also possess a
					 copy of the permit. Any wine specially ordered shall meet the standards of
					 identity and labeling requirements for wine set forth in the Subchapter 15C,
					 Section .0400.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-403(a);
					 18B-1006(c);
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0223 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0217 - FILL OR REFILL ORIGINAL CONTAINERS

Current through Register Vol. 39, No. 2, July 15, 2024
No permittee shall fill or refill in whole or in part any
					 original container of alcoholic beverages with the same or any other kind of
					 alcoholic beverage, except a bottler, manufacturer, or permittee authorized
					 pursuant to
					 G.S.
					 18B-1001(1), (2), (3), (4), or
					 (16).
Authority
					 G.S.
					 18B-206(a);
					 18B-207;
					 18B-1001;
Eff.
					 January 1, 1982;
Amended Eff. May 1, 1984;
Transferred
					 and Recodified from
					 04 NCAC
					 02S .0224 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20, 2016;
Temporary
					 Amendment Eff. November 28, 2017;
Amended Eff. August 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0218 - ADULTERATION OF MALT BEVERAGES AND WINE PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
Except as provided in the ABC laws, no permittee or his
					 employee shall fortify, adulterate, contaminate, or in any manner change the
					 character or purity of a malt beverage, unfortified wine, or fortified wine
					 product from that as originally marketed, packaged, and sealed by the
					 manufacturer or bottler.
Authority
					 G.S.
					 18B-100;
					 18B-206(a);
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02S .0226 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0219 - CONTAINER SIZES

Current through Register Vol. 39, No. 2, July 15, 2024
Fortified wine may be sold in any original container that
					 holds up to five liters, and unfortified wine may be sold in any original
					 container that holds up to 20 liters.
Authority
					 G.S.
					 18B-100;
					 18B-206;
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. July 1, 1992; June 1, 1986; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0227 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0221 - DESTRUCTION OF UNCONSUMED BEVERAGES

Current through Register Vol. 39, No. 2, July 15, 2024
Any alcoholic beverages served to a customer that he does
					 not completely consume and that he leaves shall be destroyed immediately,
					 except that a hotel guest cabinet permittee shall not be required to dispose of
					 opened containers of alcoholic beverages sold from an in-room bar or cabinet
					 until after the lodging guest has checked out of the hotel.
Authority
					 G.S.
					 18B-100;
					 18B-206;
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0229 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0222 - SALES ON APPROVED PREMISES ONLY: ALTERATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Sale,
				  possession, consumption, and storage of alcoholic beverages is prohibited in
				  areas of the premises other than those specifically approved by the Commission
				  for that purpose. The permittee is responsible for any sale, possession,
				  consumption, or storage that takes place on any part of his licensed
				  premises.
(b) Any structural
				  renovation or expansion of the premises that significantly alters or expands
				  the area where alcoholic beverages are to be sold, possessed, stored, or
				  consumed shall be submitted as a proposal in diagram form to the Commission for
				  approval. Upon submission of such a proposal, the Commission may modify the
				  areas previously approved for sale, possession, consumption, and
				  storage.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-901(d);
Eff. May 1, 1984;
Transferred and Recodified from
					 04 NCAC
					 02S .0231 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0223 - HAPPY HOURS REGULATED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An on-premise
				  permittee or his agent shall not:
(1) sell
				  more than one drink to a patron for a single price;
(2) establish a single price based upon the
				  required purchase of more than one drink; or
(3) deliver more than one drink at one time
				  to a patron for his consumption.
This Rule does not prohibit the sale of pitchers of
					 alcoholic beverages to two or more patrons. This Rule also does not prohibit
					 serving a single carafe or bottle of wine to a single patron.
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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0224 - CONSUMPTION BY UNDERAGE PERSONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Consumption
				  by Persons Under Age. No permittee or his employees shall knowingly allow a
				  person under the age of 21 to possess or consume any alcoholic beverages on the
				  licensed premises.
(b)
				  Identification. It shall be the duty of the permittee and his employees to
				  determine the age of any person consuming or possessing alcoholic beverages on
				  the licensed premises. Acceptable identification for purposes of determining
				  age shall be a driver's license, a special identification card issued by the
				  North Carolina Division of Motor Vehicles, a military identification card, or a
				  passport.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-302;
					 18B-1005(a)(1);
Eff. July 1, 1992;
Transferred and Recodified from
					 04 NCAC
					 02S .0233 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0225 - PRIVATE CLUBS: GENERAL PROHIBITIONS; GUESTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Private
				  club permittees or their employees shall not allow any person who is not a
				  member or a guest of a member to purchase or possess alcoholic beverages on the
				  premises.
(b) "House" Guests. No
				  private club permittee or his employee shall admit patrons as "house"
				  guests.
(c) Employee Member. An
				  employee who is also a member of the private club shall not admit a patron as
				  his guest while that employee is on duty.
(d) A member shall designate his own guest.
				  If a member accepts a patron as his guest at the behest of the private club
				  mixed beverages permittee or employee, then the Commission shall consider that
				  member to be acting as the permittee's agent.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1008;
Eff. July
					 1, 1992;
Amended Eff. January 1, 2011;
Transferred and
					 Recodified from
					 04 NCAC
					 02S .0234 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0226 - PRIVATE CLUBS; RECIPROCAL MEMBERSHIPS

Current through Register Vol. 39, No. 2, July 15, 2024
A private club permittee may offer reciprocal memberships
					 to members of other private clubs under the following conditions:
(1) Reciprocity shall extend only to members
				  of private clubs holding Mixed Beverages or Brownbagging permits issued by the
				  Commission.
(2) All clubs
				  participating in reciprocal membership arrangements shall enter into a written
				  agreement setting forth the terms of their arrangement, and each club shall
				  adopt rules governing the use of their facilities by reciprocal members. The
				  agreement and rules shall be filed with the Commission and made a part of the
				  permittees' files.
(3) A member of
				  another club who is granted a reciprocal membership shall be required to show a
				  valid membership card indicating he is a member of the reciprocal club each
				  time he enters the facility.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1008;
Eff. July
					 1, 1992;
Amended Eff. January 1, 2011;
Transferred and
					 Recodified from
					 04 NCAC
					 02S .0235 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 .0200 - GENERAL RULES AFFECTING RETAILERS AND BROWNBAGGING PERMITTEES › Section 15B .0227 - TRANSFER OF PRODUCTS BETWEEN PREMISES PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
A permittee owning more than one licensed retail
					 establishment shall not transfer alcoholic beverages from one business location
					 to another except upon written request to and approval by the Commission. No
					 approval for such transfer will be given except upon a showing by the permittee
					 of the following:
(1) the
				  establishment from which the alcoholic beverages are to be removed is going out
				  of business or closing for such a period of time that the alcoholic beverages
				  will spoil or deteriorate before the business reopens; or
(2) the wholesaler assigned to the
				  establishment to which the products will be transferred is unable or unwilling
				  to supply the products.
This Rule shall not be construed to authorize a retail
					 permittee to make purchases at a central location or warehouse for distribution
					 to other retail establishments owned by the permittee.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1006(h);
					 18B-1007(a);
Eff. July 1, 1992;
Transferred and Recodified from
					 04 NCAC
					 02S .0236 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 20,
					 2016.