North Carolina Administrative Code › Title 14B - Public Safety › Chapter 15 - ALCOHOLIC BEVERAGE CONTROL COMMISSION › Subchapter A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 15A .0103 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following
				  definitions apply in this Chapter:
(1)
				  "Administrator" means the principal administrative officer of the
				  Commission.
(2) "Alcohol law
				  enforcement agent" or "ALE agent" means an enforcement agent of the Alcohol Law
				  Enforcement Branch, North Carolina Department of Public Safety.
(3) "Applicant" means any person who requests
				  the issuance of a permit from the Commission, unless the context clearly means
				  otherwise.
(4) "Brand," in relation
				  to wines, means the name under which a wine is produced. A brand shall not be
				  construed to mean a class or type of wine, but all classes and types of wines
				  sold under the same brand label shall be considered a single brand. Differences
				  in packaging such as a different style, type, or size of container shall not be
				  considered different brands.
(5)
				  "Branded merchandise" means items, including glassware, cups, signs, t-shirts,
				  hats, and other apparel, which bear the brand of the alcoholic beverage being
				  served, or the brand of the brewery, winery, or distiller whose alcoholic
				  beverages is being served, at a tasting conducted pursuant to
				  G.S.
				  18B-1114.1,
				  18B-1114.5 or
				  18B-1114.7.
(6) "Brokerage" means a business that brokers
				  in the State the sale of spirituous liquor on behalf of a spirituous liquor
				  supplier.
(7) "Brokerage
				  representative" means an individual who promotes spirituous liquor on behalf of
				  a brokerage.
(8) "Chairman" means
				  the chairman of the Commission.
(9)
				  "Contractor" means the person or persons responsible for carrying out the
				  storage and distribution of spirituous liquors at the State ABC
				  warehouse.
(10) "Distiller
				  representative" means an individual who promotes spirituous liquor on behalf of
				  a distiller, or otherwise represents a distiller.
(11) "Distressed liquor" means liquor which
				  is not saleable due to adulteration or damage to the bottle, label, or tax
				  seal.
(12) "Industry Member" means
				  any wholesaler, salesman, brewery, winery, bottler, importer, liquor
				  importer/bottler, distiller, distiller representative, brokerage, brokerage
				  representative, supplier representative, rectifier, nonresident vendor, vendor
				  representative, or affiliate thereof, that sells or solicits orders for
				  alcoholic beverages, whether or not licensed in this State.
(13) "Permittee" means a person to whom a
				  permit has been issued by the Commission.
(14) "Rectifier" means a permittee that
				  processes spirituous liquor by cutting, blending, mixing, or infusing the
				  spirituous liquor with any ingredient that reacts with the constituents of the
				  distilled spirits and changes the character and nature, or standards of
				  identity, of the distilled spirits. "Rectifier" does not include a person who
				  extracts spirituous liquor by original or continuous distillation, or who mixes
				  spirituous liquor with other ingredients for immediate consumption.
(15) "Retail permittee" or "retailer" means
				  any permittee holding a retail alcoholic beverage permit issued pursuant to the
				  authority of
				  G.S.
				  18B-1001 but does not include a non-profit or
				  political organization that has been issued a special one-time permit pursuant
				  to the provisions of
				  G.S.
				  18B-1002(a)(2) or
				  (5).
(16) "State ABC warehouse" means the
				  contractor-operated facility or facilities storing spirituous liquors on behalf
				  of the Commission pursuant to
				  G.S.
				  18B-204, or, in cases of emergency, the
				  facility or facilities operated by the State for the purpose of storing
				  spirituous liquors.
(17)
				  "Spirituous liquor supplier" means a distiller, liquor importer/bottler, or
				  rectifier.
(18) "Supplier
				  representative" means, as the term is used in
				  G.S.
				  18B-1114.7, an individual who promotes on
				  behalf of a spirituous liquor supplier, or otherwise represents a spirituous
				  liquor supplier.
(19) "Vendor"
				  means any brewery, winery, bottler, malt beverage or wine importer, or
				  nonresident malt beverage vendor or nonresident wine vendor as those terms are
				  used in G.S. 18B-1113 and
				  18B-1114.
(20) "Vendor representative" means any person
				  who holds a permit issued pursuant to
				  G.S.
				  18B-1112.
(21) "Wine" means both fortified wine and
				  unfortified wine.