reglab/statecodes huggingface dataset:
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 .0102 - APPLICATION PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Who Files.
				  Before any winery, brewery, distiller, wholesaler, importer, bottler, vendor,
				  distiller representative, brokerage representative, salesman, supplier
				  representative, or vendor representative sells, solicits orders for, or
				  manufactures, bottles, or imports any alcoholic beverage in this State, that
				  person shall first file written application for the appropriate permit and pay
				  any required fees, as described in
				  G.S.
				  18B-902, and as set forth in this Rule.
				  Applications for permits for businesses shall be filed by those individuals
				  listed in
				  G.S.
				  18B-900(c).
(b) Application. Application forms for all
				  ABC permits may be obtained from the North Carolina Alcoholic Beverage Control
				  Commission's office or website as set forth in
				  14B NCAC
				  15A .0102. Each person shall provide in the
				  application, under oath, the following information, as applicable:
(1) the name, address, email address, last
				  four digits of social security number, and telephone number(s) of the
				  applicant;
(2) the mailing address
				  and location address of the business for which a permit is desired, and the
				  county and state where the business is located;
(3) the name of the business and whether the
				  business is a sole proprietorship, corporation, limited liability company, or
				  partnership;
(4) the trade name of
				  business;
(5) the applicant's date
				  of birth;
(6) if the business is a
				  corporation or limited liability company, the name and address of the person
				  authorized to accept service of process of Commission notices or orders under
				  G.S, 1A, Rule 4(j);
(7) if the
				  applicant is a non-resident intending to operate a business in the State, the
				  name and address of a resident of the State appointed as the applicant's
				  attorney-in-fact in accordance with Chapter 32C of the General Statutes for
				  purposes of
				  G.S.
				  18B-900(a)(2)b.;
(8) if the application is for a vendor
				  representative, brokerage representative, distiller representative, or supplier
				  representative permit, authorization from the commercial permittee, brokerage,
				  distiller. or spirituous liquor supplier to represent it; and
(9) that the applicant is in compliance with
				  G.S.
				  18B-900(a)(3) through
				  (8).
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 .0103 - BEER FRANCHISE LAW; "BRAND" DEFINED

Current through Register Vol. 39, No. 2, July 15, 2024
For purposes of Article 13 of Chapter 18B, the Beer
					 Franchise Law, a distribution agreement between a supplier and wholesaler
					 applies to all products distributed by the supplier under the same brand name.
					 Different categories of products manufactured and marketed under a common
					 identifying trade name are considered to be the same brand; e.g., the "Old
					 Faithful" brand manufactured by Yellowstone Brewery Co. would include "Old
					 Faithful", "Old Faithful Light", "Old Faithful Draft", "Old Faithful Dry" and
					 other products identified principally by and relying upon the "Old Faithful"
					 name, but would not include "Old Teton" which was also manufactured by
					 Yellowstone Brewery Co. Determination of a product's brand shall be made by the
					 Commission at the time the product is approved for sale in North Carolina and
					 shall not be affected by later changes in the manufacturer's advertising
					 strategy or labeling. Differences in packaging, such as different style, type
					 or size of container, do not establish different brands.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1303(a);
Eff. November 1, 1994;
Amended Eff. April 1, 2011;
Transferred and Recodified from
					 04 NCAC
					 02T .0103 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
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 .0104 - WINE PRODUCT BRAND

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Determination
				  of a product's brand shall be made by the Commission at the time the product is
				  approved for sale in North Carolina and shall not be affected by later changes
				  in the manufacturer's advertising strategy or labeling. Differences in
				  packaging, such as different style, type or size of container, do not establish
				  different brands.
(b) For purposes
				  of Bordeaux Chateau wine brought into North Carolina under the French negociant
				  system only, "brand" as defined in
				  14B NCAC
				  15C .0101(1) shall be
				  determined based on the nonresident wine vendor or importer's name as reflected
				  on the back of the product label. For purposes of Bordeaux Chateau wines only,
				  wines manufactured and marketed under a common identifying trade name such as
				  "Chateau Domaine," but which may be imported into the United States through
				  multiple channels based on written authorizations from French negociants, would
				  not be considered to be the same brand; e.g., the "Chateau Domaine" brought
				  into the United States by Importer A would be considered to be a different
				  brand than the "Chateau Domaine" brought into the United States by Importer B.
				  Such written authorization(s) must be provided to the Commission upon request
				  prior to product approval or brand registration on a form provided by the
				  Commission.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1203;
Eff. April
					 1, 2011;
Amended Eff. December 1, 2012;
Transferred and
					 Recodified from
					 04 NCAC
					 02T .0104 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
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 .0200 - PRODUCT APPROVALS: LISTING PROCEDURES: PRODUCT LISTS › Section 15C .0201 - MALT BEVERAGE PRODUCT APPROVAL: LISTING IN STATE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  malt beverage products offered for sale in this State shall first be approved
				  by the Commission. The Commission shall provide blank Label/Product Application
				  Forms upon request. Thereafter, any approved malt beverage product sold in this
				  State shall conform to the analysis of the samples submitted.
(b) The Commission shall approve malt
				  beverage products if:
(1) the procedure for
				  approval is complied with as required in Paragraph (c) of this Rule;
(2) the analysis is within the limits as
				  required in Paragraph (d) of this Rule;
(3) the malt beverage product meets or
				  exceeds the packaging requirements as required in
				  14B NCAC
				  15C .0301; and
(4) at the time of consideration, the
				  Commission does not have evidence to suspect that the product:
(A) contains harmful or impure
				  substances;
(B) contains an
				  improper balance of substances, based on studies by universities, laboratories,
				  the Commission or other scientific studies;
(C) is a spurious or imitation product;
				  or
(D) is unfit for human
				  consumption.
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 .0200 - PRODUCT APPROVALS: LISTING PROCEDURES: PRODUCT LISTS › Section 15C .0202 - WINE APPROVALS; LISTING IN STATE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except as
				  provided in
				  14B NCAC
				  15B .0216 for special orders, all wine
				  products offered for sale in this State shall first be approved by the
				  Commission. The Commission shall provide blank Label/Product Application Forms
				  upon request. Thereafter, any approved wine product sold in this State shall
				  conform to the analysis of the samples submitted.
(b) The Commission shall approve a wine
				  product if:
(1) the procedure for approval is
				  complied with as required in Paragraph (d) of this Rule;
(2) it is a fortified wine product that the
				  alcohol by volume is above 16 percent and no more than 24 percent;
(3) it is an unfortified wine product that
				  the alcohol by volume is 16 percent or less;
(4) the wine product meets or exceeds the
				  packaging requirements as required in
				  14B NCAC
				  15C .0301, and
(5) at the time of consideration, the
				  Commission does not have evidence to suspect that the product:
(A) contains harmful or impure
				  substances;
(B) contains an
				  improper balance of substances, based on studies by universities, laboratories,
				  the Commission or other scientific studies;
(C) is a spurious or imitation product;
				  or
(D) is unfit for human
				  consumption.
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 .0200 - PRODUCT APPROVALS: LISTING PROCEDURES: PRODUCT LISTS › Section 15C .0203 - SPIRITUOUS LIQUOR PRODUCT APPROVALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  brands of spirituous liquor sold in this State shall have first been approved
				  for listing and resale by the Commission.
(b) Listing Policy. In view of the fact that
				  North Carolina is a monopoly state, the Commission is responsible for
				  maintaining a wide range of spirituous liquor products and prices and a
				  balanced selection between the various types of products. It is the
				  Commission's responsibility to ensure that the various types of products,
				  including specialty items and imports, are available to the North Carolina
				  consumer, as well as the more popular products. To this end, the Commission
				  shall, at least once a year, consider new spirituous liquor products for
				  placement on the state's approved list. Listings shall be in the discretion of
				  the Commission after considering sales trends of the type of product, sales
				  trends of the product in other states, and the need for the product in the
				  North Carolina market. The Commission shall also, at least once a year,
				  consider delisting items from the approved list. Items maintaining adequate
				  sales histories for type and price range will not be considered for delisting
				  unless the delisting is part of a penalty invoked after hearing, pursuant to
				  this Chapter.
(c) Items shall be
				  submitted to the Commission for consideration for listing, and will be
				  considered only if they are offered on the prescribed forms by the distiller,
				  rectifier, bottler or importer.
Authority
					 G.S.
					 18B-100;
					 18B-203(a)(5);
					 18B-206;
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. July 1, 1992;
Transferred and
					 Recodified from
					 04 NCAC
					 02T .0203 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
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 .0200 - PRODUCT APPROVALS: LISTING PROCEDURES: PRODUCT LISTS › Section 15C .0204 - SPIRITUOUS LIQUOR PRODUCT LISTS

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission prints a list of all brands of spirituous
					 liquor that have been approved for sale in the state. The list, which includes
					 container sizes and prices of all liquor products, is printed four times each
					 year, on February 1, May 1, August 1 and November 1, and is available at no
					 cost.
Authority
					 G.S.
					 18B-100;
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02T .0204 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
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 .0200 - PRODUCT APPROVALS: LISTING PROCEDURES: PRODUCT LISTS › Section 15C .0205 - SAMPLES REQUIRED ON REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
Every industry member shall, upon demand of the Commission,
					 furnish samples at no cost to the Commission of any alcoholic beverage products
					 manufactured, sold, or offered for sale in this State, for the purpose of
					 analysis.
Authority
					 G.S.
					 18B-100;
					 18B-206(c);
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02T .0205 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
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 .0200 - PRODUCT APPROVALS: LISTING PROCEDURES: PRODUCT LISTS › Section 15C .0206 - NEW FILING REQUIRED UPON TRANSFER OF BRAND

Current through Register Vol. 39, No. 2, July 15, 2024
When any malt beverage or wine brand or product is
					 transferred from one nonresident vendor, manufacturer or importer to another,
					 the new vendor, manufacturer or importer shall, within 30 days of the
					 acquisition of the brand or product, submit the following items to the
					 Commission:
(1) label approval
				  application forms (BWL008), with labels attached;
(2) copies of Federal Label Approval
				  forms;
(3) a certified laboratory
				  analysis of the product, in English, showing alcohol content by volume, with a
				  non-refundable administrative fee as set out in
				  G.S.
				  18B-206(c) in the form of a
				  certified check, cashier's check or money order; and
(4) the wholesaler territorial designations
				  for the brand and product that were in effect on the date the product was
				  acquired by the vendor, manufacturer or importer.
Compliance with this Rule is mandatory notwithstanding the
					 fact that the product has been previously approved by the
					 Commission.
Authority
					 G.S.
					 18B-100;
					 18B-203(a);
					 18B-206;
					 18B-207;
					 18B-1203;
					 18B-1303(a);
					 18B-1305(d);
Eff. July 1, 1992;
Amended Eff. April 1, 2011;
Transferred and Recodified from
					 04 NCAC
					 02T .0206 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
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 .0300 - PACKAGING AND LABELING OF MALT BEVERAGES AND WINE › Section 15C .0301 - PACKAGING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
No wine or malt beverages shall be sold, offered for sale,
					 or possessed for the purpose of sale in this State unless:
(1) The alcoholic beverage product is
				  packaged, marked, branded, sealed and labeled in conformity with these Rules;
				  and
(2) The label on each product
				  truthfully describes the contents of the container in accordance with standards
				  of identity, and the industry member responsible for labeling or product
				  approval furnishes the Commission with adequate proof that a valid certificate
				  of label approval for the label has been obtained from the Bureau of Alcohol,
				  Tobacco and Firearms, U.S. Treasury Department.
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
					 02T .0301 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
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 .0300 - PACKAGING AND LABELING OF MALT BEVERAGES AND WINE › Section 15C .0302 - LABELS TO BE SUBMITTED TO COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  labels for malt beverage and wine products shall be submitted in duplicate to
				  the Commission on an "Application for Label Approval Form," as required by Rule
				  .0201 or .0202 of this Subchapter.
(b) Each person requesting label approval
				  shall furnish, in the application for label approval, the names and addresses
				  of the manufacturer, bottler, and importer of the product.
(c) Notwithstanding Paragraphs (a) and (b) of
				  this Rule, holders of retail permits pursuant to
				  G.S.
				  18B-1001(1), (2), (3), (4), or
				  (16) that fill or refill growlers on demand
				  shall not be required to submit the labels required by Rules .0303(b) or (c) or
				  .0304(d) or (e) of this Section.
Authority
					 G.S.
					 18B-100;
					 18B-206(a);
					 18B-207;
					 18B-1001;
Eff.
					 January 1, 1982;
Temporary Amendment Eff. October 25,
					 2013;
Amended Eff. September 1, 2014;
Transferred and
					 Recodified from
					 04 NCAC
					 02T .0302 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19, 2017;
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 C - INDUSTRY MEMBERS: RETAIL/INDUSTRY MEMBER RELATIONSHIPS: SHIP CHANDLERS: AIR CARRIERS: FUEL ALCOHOL › Section .0300 - PACKAGING AND LABELING OF MALT BEVERAGES AND WINE › Section 15C .0303 - LABEL CONTENTS: MALT BEVERAGES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Containers that are prefilled by the manufacturer shall be affixed with malt
				  beverage labels that shall contain the following information in a form legible
				  to the consumer:
(1) brand name of
				  product;
(2) name and address of
				  brewer or bottler;
(3) class of
				  product (e.g., beer, ale, porter, lager, bock, stout, or other brewed or
				  fermented beverage);
(4) net
				  contents;
(5) if the malt beverage
				  is fortified with any stimulants, the amount of each (milligrams) per
				  container; and
(6) the alcoholic
				  beverage health warning statement as required by the Federal Alcohol
				  Administration Act, 27
				  C.F.R. Sections 16.20 through
				  16.22.
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 .0300 - PACKAGING AND LABELING OF MALT BEVERAGES AND WINE › Section 15C .0304 - LABEL CONTENTS: WINE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All wine labels
				  shall contain the following information, in a form legible to the consumer:
(1) brand name of product;
(2) class and type, in conformity with
				  Section .0400 of this Subchapter;
(3) name and address of manufacturer, or
				  bottler, except as otherwise provided in these Rules;
(4) on blends consisting of foreign and
				  domestic wine, if any reference is made to the presence of foreign wine, the
				  exact percentage by volume the foreign wine;
(5) net contents (unless blown or otherwise
				  permanently inscribed in the container); and
(6) the alcoholic beverage health warning
				  statement as required by the Federal Alcohol Administration Act,
				  27 C.F.R. Sections
				  16.20 through
				  16.22.
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 .0300 - PACKAGING AND LABELING OF MALT BEVERAGES AND WINE › Section 15C .0305 - ALL CONTAINERS TO HAVE LABEL

Current through Register Vol. 39, No. 2, July 15, 2024
Every container of wine or malt beverages, including
					 bottles, barrels, casks, kegs, cans or other closed receptacles, irrespective
					 of size or of the material from which made, that is sold or offered for sale in
					 this State or that is used for the transportation, importation or sale of malt
					 beverages or wine shall bear a brand label (or a brand label and other
					 permitted labels) containing the information required by Rules .0303 and .0304
					 of this Section.
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
					 02T .0305 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
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 .0300 - PACKAGING AND LABELING OF MALT BEVERAGES AND WINE › Section 15C .0306 - LABEL ALTERATION

Current through Register Vol. 39, No. 2, July 15, 2024
No permittee nor his employee shall alter, mutilate,
					 destroy, obliterate or remove any mark, brand or label on wine or malt
					 beverages kept for sale in this State, except for additional labeling or
					 relabeling to comply with the requirements of this Section or of federal or
					 state laws and regulations.
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
					 02T .0306 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
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 .0300 - PACKAGING AND LABELING OF MALT BEVERAGES AND WINE › Section 15C .0307 - GROWLERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As used in this
				  Section, a "growler" is a rigid glass, ceramic, plastic, aluminum, or stainless
				  steel container with a closure or cap with a secure sealing that is no larger
				  than 4 liters (1.0567 gallons) into which a malt beverage or unfortified wine
				  is prefilled, filled, or refilled for off-premises consumption.
(b) Malt beverages may be sold in growlers as
				  follows:
(1) Holders of only a brewery permit
				  may sell, deliver, and ship growlers prefilled with the brewery's malt beverage
				  for off-premises consumption provided a label is affixed to the growler that
				  provides the information as required by Rules .0303(a) and .0305 of this
				  Section.
(2) Holders of retail
				  permits pursuant to
				  G.S.
				  18B-1001(1), (2), or (16)
				  who do not hold a brewery permit shall not prefill growlers with malt
				  beverage.
(3) Holders of a brewery
				  permit who also have retail permits pursuant to
				  G.S.
				  18B-1001(1) may fill or
				  refill growlers on demand with the brewery's malt beverage for off-premises
				  consumption, provided the label as required by Rules .0303(b) and (c) and .0305
				  of this Section is affixed to the growler.
(4) Holders of retail permits pursuant to
				  G.S.
				  18B-1001(1), (2), or (16)
				  may fill or refill growlers on demand with draft malt beverage for off-premises
				  consumption, provided the label as required by Rules .0303(b) and (c) and .0305
				  of this Section is affixed to the growler.
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 .0300 - PACKAGING AND LABELING OF MALT BEVERAGES AND WINE › Section 15C .0308 - GROWLERS: CLEANING, SANITIZING, FILLING AND SEALING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except
				  as permitted pursuant to Rules .0307(b) and (c) of this Section, filling and
				  refilling growlers shall only occur on demand by a consumer.
(b) Growlers shall only be filled or refilled
				  by a permittee or the permittee's employee.
(c) Prior to filling or refilling a growler,
				  the growler and its cap shall be cleaned and sanitized by the permittee or the
				  permittee's employee using one of the following methods:
(1) Manual washing in a three compartment
				  sink:
(A) prior to starting, clean sinks and
				  work area to remove any chemicals, oils, or grease from other cleaning
				  activities;
(B) empty residual
				  liquid from the growler to a drain. Growlers shall not be emptied into the
				  cleaning water;
(C) clean the
				  growler and cap in water and detergent. Water temperature shall be at a minimum
				  110ºF or the temperature specified on the cleaning agent manufacturer's
				  label instructions. Detergent shall not be fat or oil based;
(D) remove any residues on the interior and
				  exterior of the growler and cap;
(E) rinse the growler and cap in the middle
				  compartment with water. Rinsing may be from the spigot with a spray arm, from a
				  spigot, or from the tub as long as the water for rinsing is not stagnant and
				  continually refreshed;
(F) sanitize
				  the growler and cap in the third compartment. Chemical sanitizer shall be used
				  in accordance with the EPA-registered label use instructions and shall meet the
				  minimum water temperature requirements of that chemical; and
(G) a test kit or other device that
				  accurately measures the concentration in mg/L of chemical sanitizing solutions
				  shall be provided and be accessible for use; or
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 .0400 - STANDARDS OF IDENTITY FOR WINE: CONTAINERS › Section 15C .0401 - APPLICATION OF STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
All wines produced, imported, bottled, or offered for sale
					 in this State shall meet the standards of identity prescribed as of April 1,
					 1986, in Subpart C, Part 4, Chapter 1, Title 27 of the Code of Federal
					 Regulations which is incorporated herein by reference and includes subsequent
					 amendments.
The Commission has a copy of those regulations available
					 for inspection at the Commission's principal office. Copies are available at
					 the "actual cost" as defined in
					 G.S.
					 132-6.2(b) for making the
					 copies and the mailing cost if applicable. The Commission shall provide its
					 "actual cost" on the Commission's website. Persons requesting copies of the
					 above documents shall make payment by certified check, cashier's check or money
					 order to the Commission prior to receiving any copies of the above
					 documents.
Authority
					 G.S.
					 18B-100;
					 18B-206(a);
					 18B-207;
Eff. January
					 1, 1982;
Amended Eff. April 1, 2011; July 1, 1992; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02T .0401 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
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 .0400 - STANDARDS OF IDENTITY FOR WINE: CONTAINERS › Section 15C .0402 - PROHIBITED PRACTICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The production,
				  importation or sale within this State of any product as or under the
				  designation of wine that fails to conform to the standards prescribed in these
				  Rules, or of any imitation or substandard wine is prohibited.
(b) Imitation Wine. Imitation wine includes:
(1) any wine containing synthetic
				  materials;
(2) any wine made from a
				  mixture of water with residues remaining after thorough pressing of grapes,
				  fruit or other agricultural products;
(3) any class or type of wine, the taste,
				  aroma, color or other characteristics of which have been acquired in whole or
				  in part by treatment with methods or materials of any kind, if the taste,
				  aroma, color or other characteristics of normal wines of any such class or type
				  are acquired without that treatment; or
(4) any wine made from must concentrated at
				  any time to more than 80 degrees (Balling).
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 .0400 - STANDARDS OF IDENTITY FOR WINE: CONTAINERS › Section 15C .0403 - CONTAINERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Unsealed
				  Container Prohibited. Except as permitted by Rule .0307 of this Subchapter, the
				  sale of wine in any unsealed container, any container originally designed for a
				  product other than wine, or in any container the design or shape of which would
				  tend to mislead the consumer as to the nature of the contents is
				  prohibited.
(b) Distinguishing Mark
				  Different from Retailer. The sale of wine in containers that have the blown,
				  branded, or burned name or other distinguishing mark of any person engaged in
				  business as a wine producer, importer, wholesaler, or bottler or any other
				  person different from the person whose name is required to appear on the brand
				  label by Rule .0304 of this Subchapter is prohibited.
Authority
					 G.S.
					 18B-206;
					 18B-207;
					 18B-1001;
Eff.
					 January 1, 1982;
Amended Eff. June 1, 1986; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02T .0410 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19, 2017;
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 C - INDUSTRY MEMBERS: RETAIL/INDUSTRY MEMBER RELATIONSHIPS: SHIP CHANDLERS: AIR CARRIERS: FUEL ALCOHOL › Section .0400 - STANDARDS OF IDENTITY FOR WINE: CONTAINERS › Section 15C .0404 - SEIZURE OF SUBSTANDARD WINE

Current through Register Vol. 39, No. 2, July 15, 2024
Imitation, substandard or misbranded wine offered for sale
					 in violation of the ABC laws may be seized and disposed of.
Authority
					 G.S.
					 18B-100;
					 18B-206(a);
					 18B-207;
					 18B-503;
Eff. January
					 1, 1982;
Amended Eff. May 1, 1984;
Transferred and
					 Recodified from
					 04 NCAC
					 02T .0411 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
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 .0500 - INDUSTRY MEMBERS: GENERAL PROVISIONS › Section 15C .0501 - INSPECTION OF PREMISES

Current through Register Vol. 39, No. 2, July 15, 2024
Any storage facility, warehouse or office area where malt
					 beverages or wine are stored or manufactured or where records of purchases,
					 sales or deliveries are maintained shall be considered the licensed premises
					 and shall be made available for inspection as provided in
					 G.S.
					 18B-502.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-502;
Eff. January
					 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from
					 04 NCAC
					 02T .0501 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
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 .0500 - INDUSTRY MEMBERS: GENERAL PROVISIONS › Section 15C .0502 - RECORD KEEPING REQUIREMENTS: SALES TICKETS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In addition
				  to records required to be kept by the North Carolina Department of Revenue, all
				  industry members shall maintain on the licensed premises a copy of every
				  original sales ticket or receipt that relates to sales of alcoholic beverage
				  products, equipment, advertising specialty items, or advertising novelties.
				  Copies shall be in the following form:
(1)
				  paper; or
(2) electronic, so long
				  as it can be printed on paper.
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 .0500 - INDUSTRY MEMBERS: GENERAL PROVISIONS › Section 15C .0503 - SANITATION

Current through Register Vol. 39, No. 2, July 15, 2024
All industry members shall maintain the premises and
					 surroundings in an orderly, sanitary manner.
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
					 02T .0503 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
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 .0500 - INDUSTRY MEMBERS: GENERAL PROVISIONS › Section 15C .0504 - OPERATION OF LICENSED PREMISES: EMPLOYEES

Current through Register Vol. 39, No. 2, July 15, 2024
No industry member shall do any of the following:
(1) employ a person under the age of 18 years
				  or permit or allow such a person to work in, about or in connection with the
				  premises unless it has been approved by the Commission;
(2) permit intoxicated persons to loiter or
				  be employed on the licensed premises;
(3) fail to keep the premises clean,
				  well-lighted and in an orderly manner; or
(4) operate any establishment where there are
				  living quarters connected directly thereto.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1003;
					 18B-1005;
Eff.
					 January 1, 1982;
Amended Eff. May 1, 1984;
Transferred
					 and Recodified from
					 04 NCAC
					 02T .0504 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
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 .0500 - INDUSTRY MEMBERS: GENERAL PROVISIONS › Section 15C .0505 - OFF-SITE STORAGE LOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  holder of a brewery, winery, or distillery permit shall notify the Commission
				  in advance of storing any alcoholic beverages that the permittee manufactures
				  under its permit in a noncontiguous storage location as authorized pursuant to
				  G.S.
				  18B-1120. This notification shall be deemed a
				  part of the original permit application.
(b) Notification shall be made on a form
				  approved by the Commission that requires:
(1)
				  the permittee's name:
(2) the
				  business mailing address;
(3) the
				  permit number;
(4) the principal
				  location address;
(5) the
				  noncontiguous storage location address;
(6) a diagram of the premises showing the
				  exact locations of entrances, exits, storage areas for alcoholic beverages, and
				  separate storage areas for any other property or merchandise;
(7) a copy of the Alcohol and Tobacco Tax and
				  Trade Bureau approval of the noncontiguous storage location; and
(8) a copy of the Commission's Zoning and
				  Compliance form applicable to the noncontiguous storage location, completed
				  pursuant to
				  G.S.
				  18B-901(c).
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 .0600 - SALES AND DELIVERIES OF MALT BEVERAGES AND WINE › Section 15C .0601 - APPROVED BRANDS ONLY

Current through Register Vol. 39, No. 2, July 15, 2024
Except as provided in Subchapter 15B, Rule .0216, no
					 wholesaler shall sell any product that has not been approved by the Commission
					 for sale in this State.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1005;
Eff.
					 January 1, 1982;
Amended Eff. May 1, 1984;
Transferred
					 and Recodified from
					 04 NCAC
					 02T .0601 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
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 .0600 - SALES AND DELIVERIES OF MALT BEVERAGES AND WINE › Section 15C .0602 - SALES AND PURCHASE RESTRICTIONS: RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All malt
				  beverages, unfortified wine, and fortified wine intended for sale, delivery, or
				  shipment to retail permittees in the wholesaler's designated sales territory
				  shall be delivered by the supplier or its designee to the wholesaler. The malt
				  beverages, unfortified wine, and fortified wine delivered to the wholesaler
				  shall be unloaded from the delivery vehicle, placed on the floor of the
				  wholesaler's permitted premises so that its entire weight is supported by the
				  floor, inventoried, inspected, and verified for taxes by the wholesaler. The
				  provisions of this Paragraph do not apply to products sold, delivered, or
				  shipped pursuant to
				  G.S.
				  18B-1101(7) or
				  G.S.
				  18B-1104(a)(8).
(b) No wholesaler of malt beverages shall
				  sell malt beverages to any person who does not hold a retail or wholesale malt
				  beverage permit, and no wholesaler of wine shall sell any fortified wine or
				  unfortified wine to any person who does not hold the appropriate retail or
				  wholesale fortified or unfortified wine permit. However, a wholesaler may
				  furnish or sell wine or malt beverages to the wholesaler's employees for the
				  sole use of the employees.
(c) No
				  retail malt beverage or wine permittee shall purchase malt beverages or wine
				  from anyone other than a licensed wholesaler.
(d) All persons holding retail malt beverage
				  or wine permits shall keep the sales tickets and delivery receipts furnished by
				  the wholesaler, pursuant to Rule .0502 of this Subchapter, and all other
				  records of purchases of malt beverages and wine. All receipts and records
				  required to be retained pursuant to this Paragraph shall be kept separate and
				  apart from all other records. Delivery receipts shall set forth terms of sale
				  for each separate transaction between the retailer and the wholesaler and shall
				  include for each separate sale:
(1) the date
				  of sale;
(2) the trade name of the
				  retail establishment;
(3) the
				  location of the retail establishment;
(4) the quantity of each brand of malt
				  beverages or wine sold;
(5) the
				  unit price;
(6) the total
				  price;
(7) the amount paid;
				  and
(8) the invoice or receipt
				  number.
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 .0600 - SALES AND DELIVERIES OF MALT BEVERAGES AND WINE › Section 15C .0603 - HOLDING OF CHECKS PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
No wholesaler or his agents or employee shall enter into an
					 agreement or understanding with a retailer to retain checks issued to the
					 wholesaler for alcoholic beverages delivered to the retailer. Checks issued by
					 the retailer to the wholesaler for payment of alcoholic beverages received
					 shall be deposited by the wholesaler promptly in the ordinary course of
					 business. A check issued to the wholesaler by the retailer and returned by the
					 bank due to non-sufficient funds shall be redeposited promptly for collection
					 by the wholesaler. If the check is returned to the wholesaler a second time due
					 to non-sufficient funds, the wholesaler shall report the matter to the
					 Commission within 10 days.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1116(a)(3);
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from
					 04 NCAC
					 02T .0603 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
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 .0600 - SALES AND DELIVERIES OF MALT BEVERAGES AND WINE › Section 15C .0604 - COLLECTION OF AMOUNT OF SALE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  wholesaler shall collect the full amount of the sale price in cash or bona fide
				  check at the time of or prior to delivery of alcoholic beverages to a retailer
				  except as provided in this Rule. No wholesaler shall extend credit for any
				  period of time to any retailer who purchases malt beverages or wine from him.
Note:
For purposes of this Section, the term
					 "check" shall include the electronic transfer of funds from a retailer to a
					 wholesaler. Prior to an electronic fund transfer, the retailer shall enter into
					 a written agreement with the wholesaler specifying the terms and conditions for
					 the electronic fund transfer as payment for alcoholic beverages. All such
					 agreements shall provide that the wholesaler may initiate the electronic fund
					 transfer at any time after delivery of alcoholic beverages. The electronic fund
					 transfer must be initiated before the end of the business day following
					 delivery. Any agreement authorizing electronic fund transfers shall be
					 voluntary on the part of all parties. The wholesaler may not bear any share of
					 the retailer's cost related to electronic fund transfers, including costs of
					 information generated by third parties related to such transfers. Nothing in
					 this Rule shall operate to suspend any of the requirements concerning sales
					 tickets and record keeping as provided in Rule .0502 of this Subchapter.
(b) Collections for sales and
				  deliveries upon military reservations, however, shall not be required at the
				  time of the transaction.
(c) A
				  route salesman may accept one payment for all deliveries made by him on the
				  same day to the same permittee if deliveries are made to two or more of the
				  permittee's retail premises on the same route. Payment in such cases shall be
				  collected by the salesman for all such deliveries no later than at the last
				  store account on the route. Nothing in this Rule shall be construed to
				  authorize a route salesman to collect payment from a permittee at an office
				  location unless the office is located on the premises where a delivery is
				  made.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1116;
Eff.
					 January 1, 1982;
Amended Eff. June 1, 1996; July 1, 1992; May 1,
					 1984;
Transferred and Recodified from
					 04 NCAC
					 02T .0604 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
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 .0600 - SALES AND DELIVERIES OF MALT BEVERAGES AND WINE › Section 15C .0605 - PLATFORM SALES

Current through Register Vol. 39, No. 2, July 15, 2024
Wholesalers may sell malt beverages or wine to any person
					 holding the appropriate retail permits at the wholesaler's place of business.
					 Such a transaction shall be known as a platform sale.
Authority
					 G.S.
					 18B-100;
					 18B-207;
					 18B-1107;
					 18B-1109;
Eff.
					 January 1, 1982;
Amended Eff. May 1, 1984;
Transferred
					 and Recodified from
					 04 NCAC
					 02T .0606 Eff. August 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.