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 .1300 - SPIRITUOUS LIQUOR TASTING SPECIAL EVENT PERMITS › Section 15C .1307 - ABC STORE SPIRITUOUS LIQUOR TASTINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Local
				  boards shall determine whether to allow tastings to be conducted in any of
				  their ABC stores. The ABC store, date, and times for any tastings authorized by
				  the local board shall be set by the local board. Tastings are not required to
				  be conducted every week or in all ABC stores operated by the local board. The
				  schedule set by the local board for tastings may vary from week to
				  week.
(b) If a local board
				  authorizes consumer tasting events to be held in a specific ABC store, written
				  requests to conduct a consumer tasting event at that ABC store at a specific
				  date and time established by the local board shall be processed on a
				  first-come, first-served basis. A local board may require a permittee to
				  include a signed agreement to comply with local board conditions as a part of a
				  written request for permission to conduct a consumer tasting event pursuant to
				  G.S.
				  18B-1114.7(c)(10).
(c) Notwithstanding Paragraph (b) of this
				  Rule, once permission has been granted to conduct a consumer tasting event at a
				  specific date and time, this permission shall be subject to the permission
				  being withdrawn for that ABC store not later than 30 days prior to the
				  scheduled time of the event, upon the receipt of a request from another
				  permittee that has conducted fewer consumer tasting events in the ABC store
				  within a previous 12-month period than the permittee originally granted
				  permission. A superseding request for the same date and time must be received
				  in writing by the local board before the close of business on the last business
				  day prior to 35 days prior to the previously approved request date. Prior to
				  accepting a request to preempt a previously approved request date and time, the
				  local board shall provide to the superseding requestor a schedule of other
				  available dates and times for consumer tasting events in lieu of the requested
				  date. If the alternative dates and times are not acceptable to the superseding
				  requestor, the original permission shall be withdrawn, and the date and time
				  shall be assigned to the superseding requestor. A local board that withdraws
				  permission to conduct a consumer tasting event shall provide the permittee
				  originally granted permission with a written explanation of the reason for the
				  withdrawal and the process for requesting a rescheduling of the consumer
				  tasting event.
(d) The local board
				  may deny a permittee the right to conduct future consumer tasting events for a
				  period of up to one year from the date of the violation upon a determination by
				  the local board that the permittee conducted a consumer tasting event in
				  violation of
				  G.S.
				  18B-1114.7(c)(10).
(e) In addition to the requirements set forth
				  in G.S.
				  18B-1114.7(c)(7), a permit
				  holder shall include with the notice a copy of the local board's written
				  approval for the permit holder to conduct a consumer tasting event at a
				  specific time and location. Written approval by the local board may be by
				  email. For purposes of
				  G.S.
				  18B-1114.7(c)(7)c., the list
				  shall include the product codes of the specific spirituous liquor products
				  available for tasting.
(f) Proof of
				  purchase of spirituous liquor from any ABC store shall be by receipts issued by
				  an ABC store. Permittees shall maintain receipts of purchases of spirituous
				  liquor used in tastings for a period of six months from the date the spirituous
				  liquor is first used for tastings pursuant to
				  G.S.
				  18B-1114.7. Spirituous liquor purchased from
				  an ABC store for use in tastings conducted in accordance with this Section may
				  be used for multiple tastings at multiple locations.
(g) At the time of the completion of a
				  tasting, the permittee shall submit to the local board in writing the name of
				  the permittee that conducted the consumer tasting event, the names of all
				  employees or agents of the permittee who were present at the tasting, and the
				  name of each product available for tasting at the consumer tasting event. A
				  local board that authorizes consumer tasting events shall maintain for a period
				  of three years a list of all consumer tasting events conducted in each of its
				  stores by date, name of the permittee that conducted the consumer tasting
				  event, name of all employees or agents of the permittee who were present at the
				  tasting, and name of each product available for tasting at the consumer tasting
				  event.
(h) A local board that
				  authorizes consumer tasting events shall maintain for a period of three years
				  the following records by types of permittees:
(1) written requests for permission to
				  conduct tastings;
(2) permissions
				  granted to conduct tastings;
(3)
				  denials of request for permission to conduct tastings; and
(4) withdrawal of permissions to conduct
				  tastings.
A local board shall make these records available to the
					 Commission upon request.