SUBCHAPTER 15B ‑ RETAIL BEER: WINE: MIXED BEVERAGES:
BROWNBAGGING: ADVERTISING: SPECIAL PERMITS
SECTION .0100 ‑ DEFINITIONS: PERMIT APPLICATION
PROCEDURES
14B NCAC 15B .0101 DEFINITIONS
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,
such as 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.
(3) "Modified Plan Permits," as used in 14B
NCAC 15B .0105 and 14B NCAC 15B .0106, mean on-premise malt beverage permits
authorized by elections held pursuant to G.S. 18B-602(a)(4).
(4) "Original container" means a bottle, can
or other alcoholic beverage product container filled by a manufacturer or
bottler that has been approved for sale within this State.
(5) "Premises" means the same as defined in
G.S. 18B-101(12a). A diagram attached to the investigative report and kept in
the permittee's file is prima facie evidence of the premises covered by that
permit and for which the permittee and his employees are responsible. Permits
shall authorize the sale and possession or consumption of alcoholic beverages
only on the premises described in the investigative report and diagram
furnished by the investigating agent.
(6) "Private dining area" means any area of a
restaurant or hotel that is or can be substantially closed off from public view.
History Note: Authority G.S. 18B-100; 18B‑207; 18B‑305;
18B-602(a)(4); 18B-1008; 122C-3(18);
Eff. January 1, 1982;
Amended Eff. January 1, 2011; July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0101 Eff.
August 1, 2015.
14B NCAC 15B .0102 APPLICATIONS FOR
PERMITS: GENERAL PROVISIONS
(a) Forms. Application forms for all ABC permits may be
obtained from the North Carolina Alcoholic Beverage Control Commission's office
or web site as referenced in 14B NCAC 15A .0102.
(b) Statutory Requirements. Before the issuance of any ABC
permit, an applicant shall comply with the statutory requirements of Articles 9
and 10 of Chapter 18B of the General Statutes and with the rules of the
Commission.
(c) Separate Permits Required. An applicant operating
separate buildings or structures not connected directly with each other or
businesses with separate trade names shall obtain and hold separate permits for
each building or business for which he or she wants permits, and shall pay the
appropriate application fees as provided in G.S. 18B-902(d). Where there are
multiple buildings, and the Commission determines that the business is operated
as one entity, the Commission may, in its discretion, issue one permit.
(d) Information Required on Application. An applicant for
an ABC permit shall file a written application with the Commission and in the
application shall state, under oath, the following information:
(1) name and address of applicant;
(2) sole proprietorship, corporate, limited
liability company or partnership name;
(3) mailing address and location address of
business for which permit is desired, and county in which business is located;
(4) trade name of business;
(5) name and address of owner of premises;
(6) applicant's date and place of birth;
(7) if a corporation or limited liability
company, the name and address of agent or employee authorized to serve as
process agent (person upon whom legal service of Commission notices or orders
can be made);
(8) if a non-resident, name and address of
person appointed as attorney-in-fact by a power of attorney;
(9) a diagram of the premises showing:
(A) entrances and exits;
(B) storage area for alcoholic beverages; and
(C) locations where alcoholic beverages will be served
or consumed;
(10) that the applicant is the actual and bona
fide owner or lessee of the premises for which a permit is sought and shall
submit a copy or memorandum of the lease showing the applicant as tenant, or a
copy of the deed showing the applicant as the grantee or owner;
(11) that the applicant intends to carry on the
business authorized by the permit himself or herself or under his or her immediate
supervision and direction; and
(12) that the applicant is an actual and bona
fide resident of the State of North Carolina or, as a non-resident, has
appointed, by a power of attorney, a resident manager to serve as attorney-in-fact
who will manage the business and accept service of process and official
Commission notices or orders.
(e) General Restriction; Living Quarters. No permit for
the possession, sale or consumption of alcoholic beverages shall be issued to
any establishment when there are living quarters connected directly thereto, and
no permittee shall establish or maintain living quarters in or connected to his
or her licensed premises.
(f) General Restriction; Restrooms. No permit for the on-premises
possession, sale, or consumption of alcoholic beverages shall be issued to any establishment
unless there are two restrooms in working order on the premises. The Commission
shall waive this requirement upon a showing by the permittee that he or she will
suffer financial hardship or the safety of the employees will be jeopardized.
(g) Areas for Sales and Consumption. In determining the
areas where alcoholic beverages will be sold and consumed, the Commission shall
consider the convenience of the permittee and patrons, allowing the fullest use
of the premises consistent with the control of the sale and consumption of
alcoholic beverages, but the Commission will attempt to avoid consumption in
areas open to the general public other than patrons.
(h) Temporary Permits for Continuation of Business. The
Commission may issue temporary permits to an applicant for the continuation of
a business operation that holds current ABC permits when a change in ownership
or location of a business has occurred. To obtain a temporary permit an
applicant shall submit the appropriate ABC permit application form, all
required fees, a lease or other proof of legal ownership or possession of the
property on which the business is to be operated, and a written statement from
the ALE agent in that area stating that there are no pending ABC violations
against the business. An applicant for a temporary permit shall also submit
the permits of the prior permittee for cancellation prior to the issuance of
any temporary permit. No temporary permit shall be issued to any applicant
unless all prior ABC permits issued for the premises have been cancelled by the
Commission.
(i) Retail Sales at Public Places Restricted. The sale and
delivery of alcoholic beverages by permitted retail outlets located on fair
grounds, golf courses, ball parks, race tracks, and other similar public places
are restricted to an enclosed establishment in a designated place. No
alcoholic beverages shall be sold, served, or delivered by these outlets
outside the enclosed establishment, nor in grandstands, stadiums, or bleachers
at public gatherings, except as provided in Paragraph (l) of this Rule.
As used in this Paragraph, the term "enclosed
establishment" includes a temporary structure or structures constructed
and used for the purpose of dispensing food and beverages at events to be held
on fairgrounds, golf courses, ball parks, race tracks, and other similar
places.
Sales of alcoholic beverages may be made in box seats only
under the following conditions:
(1) table service of food and non-alcoholic
beverages are available to patrons in box seats;
(2) no alcoholic beverages are delivered to the
box seats area until after orders have been taken; and
(3) box seat areas have been designated as part
of the permittee's premises on a diagram submitted by the permittee, and the
Commission has granted written approval of alcoholic beverage sales in these
seating areas.
(j) Separate Locations at Airport. If one permittee has
more than one location within a single terminal of an airport boarding at least
150,000 passengers annually and that permittee leases space from the airport
authority, the permittee in such a situation may:
(1) obtain a single permit for all its
locations in the terminal;
(2) use one central facility for storing the
alcoholic beverages it sells at its locations; and
(3) pool the gross receipts from all its
locations for determining whether it meets the requirements of G.S. 18B-1000(6)
and 14B NCAC 15B .0514.
(k) Food Businesses. Unless the business otherwise
qualifies as a wine shop primarily engaged in selling wines for off-premise
consumption, a food business qualifies for an off-premise fortified wine permit
only if it maintains an inventory of staple foods worth at least one thousand
five hundred dollars ($1,500) at retail value. Staple foods include meat,
poultry, fish, bread, cereals, vegetables, fruits, vegetable and fruit juices, and
dairy products. Staple foods do not include coffee, tea, cocoa, soft drinks,
candy, condiments, and spices.
(l) Professional Sporting Events. Notwithstanding
Paragraph (i) of this Rule, holders of a retail permit pursuant to G.S.
18B-1001(1) may sell malt beverages for consumption in the seating areas of
stadiums, ball parks, and similar public places with a seating capacity of
3,000 or more during professional sporting events pursuant to G.S. 18B-1009,
provided that:
(1) the permittee or the permittee's employee
shall not wear or display alcoholic beverage branded advertising;
(2) the permittee or the permittee's employee
shall not use branded carrying trays, coolers, or other equipment to transport
malt beverage products;
(3) the permittee or the permittee's employee
may display the malt beverage product names and prices provided that all of the
product names are displayed with the same font size and font style; and
(4) in-stand sales shall cease, whichever is
earlier, upon the cessation of other malt beverage sales or upon the
commencement of:
(A) the eighth inning during baseball games; provided
that if a single ticket allows entry to more than one baseball game, then the
eighth inning of the final game;
(B) the fourth quarter during football and basketball
games;
(C) the sixtieth minute during soccer games;
(D) the third period during hockey games;
(E) the final 25 percent of the distance scheduled for
automotive races; and
(F) the final hour of the anticipated conclusion of a
contest or event for all other events.
History Note: Authority 18B-100; 18B-206(a); 18B-207;
18B-900; 18B-901(d); 18B-902; 18B-903; 18B-905; 18B-1000(3); 18B-1001; 18B-1008;
18B-1009;
Eff. January 1, 1982;
Amended Eff. January 1, 2011; July 1, 1992; May 1, 1984;
Temporary Amendment Eff. October 25, 2013;
Amended Eff. September 1, 2014;
Transferred and Recodified from 04 NCAC 02S .0102 Eff.
August 1, 2015.
14B NCAC 15B .0103 CORPORATIONS HOLDING PERMITS
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).
History Note: Authority G.S. 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.
14B NCAC 15B .0104 NONRESIDENT PERMITTEE: RESIDENT MANAGER
REQUIRED
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).
History Note: Authority G.S. 18B‑207; 18B‑900(a),(c);
47‑28; 47‑43; 47‑43.1;
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0104 Eff.
August 1, 2015.
14B NCAC 15B .0105 SPECIAL REQUIREMENTS FOR RESTAURANTS
(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."
(c) Requirements for Application. For a restaurant to
obtain a permit 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 or more 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 list of
food served;
(3) photographs of sufficient detail to show
the following:
(A) entire kitchen, including all equipment;
(B) all dining areas, showing seating arrangements,
including patios or outdoor areas where alcoholic beverages will be sold or
consumed;
(C) bars, counters, mixing stations;
(D) locked storage area or areas for storage of
alcoholic beverages; and
(E) front exterior of premises or if establishment is located
in an office building, mall or other larger structure, the main entrance.
History Note: Authority G.S. 18B-100; 18B‑207;
18B‑900; 18B‑901; 18B‑902; 18B‑1000(6); 18B‑1008;
Eff. January 1, 1982;
Amended Eff. January 1, 2011; July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0105 Eff.
August 1, 2015.
14B NCAC 15B .0106 SPECIAL REQUIREMENTS FOR HOTELS
(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.
(c) Locations Where Sales Permitted. Brownbagging by
patrons, consumption of alcoholic beverages and sales of mixed beverages are
allowed at any time during lawful hours in the restaurant and in any lounge or
other place that is customarily open to the general public and that is
associated with the restaurant. These lounges and other places need not be
directly connected to the restaurant as long as the services of the restaurant
are available to the lounge at all times that alcoholic beverages are being
served. Sales and consumption of mixed beverages are allowed in banquet rooms,
convention rooms, suites and similar places not usually open to the general
public only during scheduled events and only to persons attending those events.
Portable bars may be used for the sale or mixing of mixed beverages in those
rooms.
(d) Diagram of Premises. The diagram of the premises
submitted with the application for a permit under this Rule and the diagram submitted
to the Commission when the permit is issued shall be marked to indicate which
spaces are considered part of the restaurant and lounge or other places
associated with the restaurant and customarily open to the general public, and
which spaces are considered banquet rooms, convention rooms, meeting rooms,
suites, and similar places where mixed beverages are to be sold only during
scheduled events.
(e) Managers' Receptions. Hotels operating lodging,
restaurant and lounge facilities under one set of ABC permits may offer lodging
guests up to two alcoholic beverages per guest per day in the price of the room
package under the following conditions:
(1) The reception or social hour is held on the
licensed premises of the hotel;
(2) The hotel issues a voucher or other proof
of guest registration for the beverages that can be used by the guest to obtain
the beverage of his choice;
(3) Nonalcoholic beverages are also offered to
lodging guests during the function; and
(4) The hotel accounts for the beverages by an
internal accounting procedure that insures that the price of each beverage
included in the room rate package is the same price as is being charged other
patrons in the lounge or restaurant for the same beverage.
(f) Guest Room Cabinet Permits; Application Requirements. Applications
for a Guest Room Cabinet permit shall be accepted only from hotels with Mixed
Beverages permits, or from hotels simultaneously applying for Mixed Beverages permits.
In addition to the general requirements for permit
applications in this Rule and in Rule .0102 of this Section, a hotel applying
for a Guest Room Cabinet permit shall submit the following items along with the
completed application form and appropriate fee:
(1) List of lodging rooms by room number in
which cabinets will be placed;
(2) Total number of lodging rooms and total
number of rooms set aside that will not have a cabinet;
(3) Description of cabinets to be installed by
the hotel. A manufacturer's brochure describing the cabinet is sufficient, or
the permittee may submit photographs and a written description of the lock used
on the cabinet; and
(4) Written policies developed by the permittee
regarding the procedures that will be implemented by the hotel to:
(A) insure no one under 21 is able to obtain a key to
the cabinet;
(B) control inventory;
(C) insure price lists for items sold from cabinets are
easily readable;
(D) dispose of all opened alcoholic beverage containers
sold from cabinets after guest has checked out; and
(E) maintain adequate numbers of ice and soft drink vending
machines elsewhere on the premises.
History Note: Authority G.S. 18B-100; 18B‑207;
18B‑900; 18B‑901; 18B‑902; 18B‑1000(4); 18B‑1001(13);
18B‑1008; S.L. 1991, c. 565, s. 7;
Eff. January 1, 1982;
Amended Eff. January 1, 2011; July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0106 Eff.
August 1, 2015.
14B NCAC 15B .0107 SPECIAL REQUIREMENTS FOR PRIVATE CLUBS
(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.
(c) Mandatory Requirements. To qualify as a private club,
a facility shall meet the following requirements concerning membership:
(1) collect an annual membership fee separate
from any admission or cover charge, no dues from which shall be more than 30
days past due;
(2) maintain a written policy on the granting
of full and limited memberships;
(3) require each prospective member to complete
a written application that contains questions directly related to the applicant's
interest in the social, patriotic, fraternal or recreational purpose of the
club, the applicant's qualifications for membership, and the applicant's
background;
(4) retain each completed application, if
approved, in the organization's permanent records as long as the individual's
membership continues;
(5) issue written or printed evidence of
membership to each member, which evidence of membership or other reasonably
reliable document of identification shall be in the possession of each member
present on the licensed premises;
(6) maintain on the premises a current
alphabetical roster of all members and their complete addresses; and
(7) maintain and provide to each member a
written policy concerning the use of facilities by guests.
(d) Permit Application Procedures. For a private club to
obtain a Brownbagging, or Fortified Wine or Mixed Beverages Permit, 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 officers
and directors (including those chosen by the membership), and the manager;
(2) the written policy on granting of full and
limited memberships;
(3) a copy of the membership application form;
(4) a copy of the membership card or
certificate to be issued to members;
(5) the written policy on use of facilities by
guests; and
(6) the charter, articles of incorporation,
constitution, or other basic documents, and the by‑laws, if any.
History Note: Authority G.S. 18B-100; 18B‑207;
18B-900; 18B-901; 18B-902; 18B-1000(5); 18B-1008;
Eff. January 1, 1982;
Amended Eff. January 1, 2011; July 1, 1992; February 1,
1986; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0107 Eff.
August 1, 2015.
14B NCAC 15B .0108 ILLEGAL USE OF PERMITS: CHANGE OF
OWNERSHIP OR NAME
(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).
History Note: Authority G.S. 18B‑207; 18B‑901(c);
18B‑903(c); 18B‑903(g);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0108 Eff.
August 1, 2015.
section .0200 - GENERAL RULES AFFECTING RETAILERS AND
BROWNBAGGING PERMITTEES
14B NCAC 15B .0201 GENERAL GUIDELINES
(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.
History Note: Authority G.S. 18B-100; 18B-207;
18B-302(d)(2); 18B-1003(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.
14B NCAC 15B .0202 CLEARING TABLES/COUNTERS; HOURS FOR
POSSESSION/REMOVAL
(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.
History Note: Authority G.S. 18B‑207; 18B‑1004;
Eff. January 1, 1982;
Amended Eff. July 1, 1992;
Transferred and Recodified from 04 NCAC 02S .0202 Eff.
August 1, 2015.
14B NCAC 15B .0203 EMPLOYEE AGE REQUIREMENT
(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.
History Note: Authority G.S. 18B‑207; 18B‑900;
95‑25.5(a),(j); 95‑25.14;
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0205 Eff.
August 1, 2015.
14B NCAC 15B .0204 INTOXICATED PERSONS
No permittee or his employees shall allow an intoxicated
person to consume alcoholic beverages on his licensed premises.
History Note: Authority G.S. 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.
14b NCAC 15b .0205 GAMBLING: GAMBLING DEVICES PROHIBITED
(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.
History Note: Authority G.S. 14‑292 through 14‑297;
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.
14B NCAC 15B .0206 ILLEGAL DRUG USE PROHIBITED
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.
History Note: Authority G.S. 18B‑207; 18B‑1005(a)(3);
Eff. January 1, 1982;
Transferred and Recodified from 04 NCAC 02S .0208 Eff.
August 1, 2015.
14b NCAC 15b .0207 DISORDERLY CONDUCT PROHIBITED
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.
History Note: Authority G.S. 18B‑207; 18B‑1005(a)(2);
Eff. January 1, 1982;
Transferred and Recodified from 04 NCAC 02S .0210 Eff.
August 1, 2015.
14B NCAC 15B .0208 UNLAWFUL POSSESSION OR CONSUMPTION OF
ALCOHOLIC BEVERAGES
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.
History Note: Authority G.S. 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.
14B NCAC 15B .0209 CONSUMPTION: INTOXICATION BY PERMITTEE
PROHIBITED
(a) No permittee or his employees shall be on the licensed
premises 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 he 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.
(b) Notwithstanding Paragraph (a) of this Rule, a malt
beverage or wine permittee or its employee who is of legal age and who is
responsible for ordering or serving beverage alcohol may sample new malt
beverage or wine products as provided by 14B NCAC 15C .0711(b) on the premises.
Samples shall not exceed two ounce servings of individual products and the
total of the samples shall not exceed eight ounces in one calendar day.
(c) No permittee or his agents or employees shall be or
become intoxicated on the licensed premises.
History Note: Authority 18B-100; 18B-203(b); 18B‑207;
18B‑1005(b); 18B-1006(d);
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Pursuant to G.S. 150B-33(b)(9), Administrative Law Judge
James L. Conner, II declared Rule 04 NCAC 02S .0212(b) void as applied in North
Carolina Alcoholic Beverage Control Commission v. Midnight Sun Investments,
Inc. t/a Tiki Cabaret (03 ABC 1732);
Amended Eff. January 1, 2011;
Transferred and Recodified from 04 NCAC 02S .0212 Eff.
August 1, 2015.
14B NCAC 15B .0210 COOPERATION WITH LAW ENFORCEMENT
OFFICERS
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.
History Note: Authority G.S. 18B‑207; 18B‑500;
18B‑501; 18B‑502;
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0213 Eff.
August 1, 2015.
14B NCAC 15B .0211 EMPLOYMENT OF UNSUITABLE PERSONS
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.
History Note: Authority G.S. 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.
14B NCAC 15B .0212 SUPERVISION OF PREMISES
(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.
History Note: Authority G.S. 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.
14B NCAC 15B .0213 COIN VENDING MACHINES TO DISPENSE
BEVERAGES PROHIBITED
(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.
History Note: Authority G.S. 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.
14B NCAC 15B .0214 TRADE NAME SIGNS
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.
History Note: Authority G.S. 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.
14B NCAC 15B .0215 SALES ONLY OF APPROVED PRODUCTS
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.
History Note: Authority G.S. 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.
14B NCAC 15B .0216 SPECIAL ORDERS FOR WINES
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.
History Note: Authority G.S. 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.
14B NCAC 15B .0217 FILL OR REFILL ORIGINAL CONTAINERS
No permittee except a bottler or manufacturer 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.
History Note: Authority G.S. 18B‑206(a); 18B‑207;
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0224 Eff.
August 1, 2015.
14B NCAC 15B .0218 ADULTERATION OF MALT BEVERAGES AND WINE
PROHIBITED
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.
History Note: Authority G.S. 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.
14b NCAC 15b .0219 CONTAINER SIZES
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.
History Note: Authority G.S. 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.
14B NCAC 15B .0220 DISPENSING ALCOHOLIC BEVERAGES: PRODUCT
IDENTIFICATION
(a) Malt Beverages, On-Premises. Malt beverages may be
sold by persons holding on-premise permits in the original containers, by the
glass, by the mug, by the pitcher or a single-service and single-use container
as defined by FDA Food Code 2009, 1-201.10(B). The brand name of draught malt
beverages dispensed in retail outlets shall be shown on the knobs of draught
faucets. Covers for these faucets bearing a brand name may be used if the
brand name appearing on the cover corresponds with the brand name on the knob
of the faucets that are to be used for that brand.
(b) Malt Beverages, Off-Premises. Malt beverages may be
sold by persons holding a retail off-premise permit only in the unopened
original container that was filled by the product manufacturer.
(c) Wine, On-Premises. A person holding an on-premises
wine permit may sell wine in the unopened original container, by the carafe, by
the glass or a single-service and single-use container. A person holding an
on-premises wine permit may sell wine mixed with non-alcoholic beverages by the
carafe, by the glass or a single-service and single-use container. Wine served
in carafes, by the glass or single-service and single-use containers may be
dispensed under pressure from nitrogen from sealed bulk containers provided the
containers and dispensing systems have been approved by the Commission and the
Commission for Public Health. The vintner, brand and type of wine dispensed by
the carafe, glass or single-service and single-use container, except for the
house wine, shall appear on the wine list. Where the wine is dispensed from
bulk containers, the vintner, brand and type shall be shown on the knobs of
draught faucets.
(d) Use of Siphons. The use of siphons or pressurized dispensers
is allowed if the malt beverage or wine contents are dispensed directly from
the original containers.
(e) Mixed Beverages. A person holding a mixed beverages
permit may sell mixed beverages in a glass, in a pitcher or in a single-service
and single-use container.
(f) Multi-Use Containers. All multi-use containers used by
permittees to serve any alcoholic beverages shall meet the requirements as
referenced by FDA Food Code 2009, 3-304.11(a). Multi-use containers include
glassware, mugs, pitchers and carafes.
History Note: Authority G.S. 18B-100; 18B-206; 18B-207;
130A-248(a); FDA Food Code 2009, 1-201.10(B), 3-304.11(a);
Eff. January 1, 1982;
Amended Eff. June 1, 2013; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0228 Eff.
August 1, 2015.
14B NCAC 15B .0221 DESTRUCTION OF UNCONSUMED BEVERAGES
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.
History Note: Authority G.S. 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.
14B NCAC 15B .0222 SALES ON APPROVED PREMISES ONLY:
ALTERATION
(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.
History Note: Authority G.S. 18B‑207; 18B‑901(d);
Eff. May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0231 Eff.
August 1, 2015.
14B NCAC 15B .0223 HAPPY HOURS REGULATED
(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.
(b) An on‑premise permittee or his agent shall not
give away a drink or sell one at a price that is different from the usual or
established price charged for the drink for any period of time less than one
full business day. Free or reduced drinks under this provision shall be
offered to all customers, not just a segment of the population.
(c) For purposes of this Rule, a "drink" contains
the amount of alcoholic beverages usually and customarily served to a single
patron as a single serving by the permittee. A "drink" may also
include two different alcoholic beverages served separately at the same time to
a single patron if such "drink" is a customary combination, such as a
shot of spirituous liquor with a malt beverage.
(d) An on-premise permittee may include alcoholic beverages
in a package offering that includes a meal or entertainment.
(e) The offer of a meal and alcoholic beverage at a single
total price is not a violation of this Rule so long as the total price reflects
the actual price of the alcoholic beverages and not a reduced price.
History Note: Authority G.S. 18B-100; 18B‑207;
18B-1008;
Eff. August 1, 1985;
Amended Eff. January 1, 2011; July 1, 1992;
Transferred and Recodified from 04 NCAC 02S .0232 Eff.
August 1, 2015.
14B NCAC 15B .0224 CONSUMPTION BY UNDERAGE PERSONS
(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.
History Note: Authority G.S. 18B‑207; 18B‑302;
18B‑1005(a)(1);
Eff. July 1, 1992;
Transferred and Recodified from 04 NCAC 02S .0233 Eff.
August 1, 2015.
14b NCAC 15b .0225 PRIVATE CLUBS: GENERAL PROHIBITIONS;
GUESTS
(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.
History Note: 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.
14B NCAC 15B .0226 PRIVATE CLUBS; RECIPROCAL MEMBERSHIPS
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.
History Note: 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.
14B NCAC 15B .0227 TRANSFER OF PRODUCTS BETWEEN PREMISES
PROHIBITED
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.
History Note: Authority G.S. 18B‑207; 18B‑1006(h);
18B‑1007(a);
Eff. July 1, 1992;
Transferred and Recodified from 04 NCAC 02S .0236 Eff.
August 1, 2015.
14B NCAC 15B .0228 Keg Purchase-Transportation Permit
(a) Retail Permittee to Issue. Whenever a person chooses to
purchase and transport a keg designed to hold and dispense 7.75 gallons or more
of malt beverages, the person shall apply to the retail permittee from whom the
purchase will be made for a Keg Purchase-Transportation Permit. The retail
permittee from whom the keg is purchased shall issue the purchaser the permit
following G.S. 18B-403.1.
(b) The Keg Purchase-Transportation Permit shall specify
the following information on the face of the permit:
(1) The date of issue;
(2) The name and address of the retail business
from which the purchase is made;
(3) The purchaser's name and address;
(4) The purchaser's driver's license, North
Carolina ID, Military ID or passport number;
(5) The address of destination of keg(s);
(6) The total number of kegs purchased;
(7) An underage responsibility warning; and
(8) Signatures of the purchaser and an
authorized retail employee.
(c) The retailer shall retain a copy of the permit at the
retail location where the purchase was made for 90 days unless requested by any
individual in writing to the retailer to retain the copy for a specified period
longer than 90 days but not longer than 180 days. The permit shall accompany
the keg during its transport and usage and shall be exhibited to any law
enforcement officer upon request.
(d) The Commission shall provide Keg
Purchase-Transportation Permits to any retailer who requests the permits.
Permittees may also download a copy of the Keg Purchase-Transportation Permit
from the Commission's website (www.abc.nc.gov).
History Note: Authority G.S. 18B-207; 18B-403.1;
Temporary Adoption Eff. December 1, 2006;
Eff. November 1, 2007;
Amended Eff. December 1, 2012;
Transferred and Recodified from 04 NCAC 02S .0237 Eff.
August 1, 2015.
SECTION .0300 ‑ MALT BEVERAGE AND WINE
RETAILER/WHOLESALER RELATIONSHIP
14B NCAC 15B .0301 RETAILER/WHOLESALER RELATIONSHIPS
Rules covering relationships between retail malt beverage
and wine permittees and wholesalers are in Subchapter 15C, Sections .0600 and
.0700 of these Rules.
History Note: Authority G.S. 18B‑207;
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0301 Eff.
August 1, 2015.
SECTION .0400 - ADDITIONAL REQUIREMENTS FOR BROWNBAGGING
PERMITTEES
14B NCAC 15B .0401 PRIVATE CLUBS: POSSESSION OF ALCOHOLIC
BEVERAGES
(a) Quantity. No private club brownbagging permittee shall
allow a member or guest of the club to possess more than five liters of
spirituous liquor or five liters of fortified wine, or five liters of the two
combined; more than 80 liters of malt beverages (nine cases of 355 milliliter
cans plus nine 355 milliliter cans, or seven cases of 473 milliliter cans plus
one 473 milliliter can); or more than 20 liters of unfortified wine upon the
premises.
(b) Label Required. A permittee shall ensure that each
container brought onto the premises is labeled immediately with the member's
name substantially as it appears on the membership roster and that containers
brought by guests are labeled with the names of the guest and the sponsoring
member.
(c) Possession by Permittee Not Holding Mixed Beverages
Permit. A permittee not holding a Mixed Beverages Permit or his employee may
maintain custody over a member's or guest's alcoholic beverages and locker key
provided that during custody, the member or guest is present on the premises.
The member's or guest's alcoholic beverages shall be used exclusively by the
member and his bona fide guests, and the alcoholic beverage containers and
locker key shall be returned to the member or guest before he leaves the
premises.
(d) Furnishing Alcoholic Beverages Limited. Neither the
permittee nor a member shall furnish or have furnished alcoholic beverages to
other members or bona fide guests of members unless the member owning the
beverages is physically present upon the premises.
History Note: Authority G.S. 18B‑207; 18B‑1001(7);
18B‑1006(b);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0402 Eff.
August 1, 2015.
14B NCAC 15B .0402 PRIVATE CLUBS: STORAGE OF ALCOHOLIC
BEVERAGES
(a) A private club brownbagging permittee shall see that
alcoholic beverages are stored in compliance with the following conditions:
(1) All alcoholic beverages stored at the club
shall be kept in individual lockers that are labeled with the members' names as
they appear on the membership roster; lockers shall remain locked when the
member is not on the premises;
(2) Each locker shall contain a lock that can
be opened only with a key, and the key shall be possessed by the individual
member when that member is not present on the premises of the club;
(3) No member shall store, whether in one or
more lockers, more than five liters of fortified wine or spirituous liquor, or
five liters of the two combined; five liters of malt beverages; or five liters
of unfortified wine upon the premises;
Note: For example, one
member may store the above mentioned quantities of alcoholic beverages in the
aggregate in one or more lockers, such as a beverage locker and a sports
equipment locker on one premises, provided that beverage containers and lockers
are labeled as required, and when he is not on the premises, the member has
exclusive possession of the key or keys.
(4) Alcoholic beverages belonging to different
members shall not be stored in the same locker, except that a husband and wife
may store alcoholic beverages in the same locker as long as the total quantity
does not exceed the quantities stated in Subparagraph (3) of this Paragraph.
(b) The permittee and his employee shall be responsible for
returning to a member when he leaves the premises all malt beverages and
unfortified wine brought to the club by the member in excess of the amounts
that may be legally stored at the establishment by the member.
(c) All alcoholic beverages left on the premises of the
club contrary to the provisions of this Rule shall be destroyed by the
permittee or his employee.
History Note: Authority G.S. 18B‑207; 18B‑301(b)(3);
18B‑1001(7); 18B‑1008;
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0403 Eff.
August 1, 2015.
14b NCAC 15b .0403 RESTAURANTS: HOTELS: DISPLAY: CONTROL OF
BEVERAGES
(a) A restaurant or hotel holding a Brownbagging Permit
shall ensure that all fortified wine and liquor is possessed inconspicuously by
patrons when they are not in a private dining area.
(b) Every person possessing fortified wine or spirituous
liquor in restaurants and hotels with Brownbagging Permits shall at all times
retain control of his alcoholic beverages.
History Note: Authority G.S. 18B-100; 18B-207;
18B-1001(7);
Eff. January 1, 1982;
Amended Eff. January 1, 2011; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0404 Eff.
August 1, 2015.
14b NCAC 15b .0404 RESTAURANTS AND HOTELS: MIXING DRINKS
A restaurant or hotel holding a Brownbagging Permit may sell
and distribute ice and set‑ups, but neither the permittee nor his
employee may mix drinks for customers except in private dining areas.
History Note: Authority G.S. 18B‑207; 18B‑1001(7);
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0405 Eff.
August 1, 2015.
14B NCAC 15B .0405 CONGRESSIONALLY CHARTERED VETERANS
ORGANIZATIONS
A congressionally chartered veterans organization holding a
brown‑bagging permit pursuant to G.S. 18B‑1001(7) may provide its
members with locker storage facilities on the premises. If such a permittee
provides lockers, possession and storage of alcoholic beverages shall be in
compliance with the rules of this Section.
History Note: Authority G.S. 18B‑207; 18B‑1001(7);
Eff. July 1, 1992;
Transferred and Recodified from 04 NCAC 02S .0407 Eff.
August 1, 2015.
SECTION .0500 - ADDITIONAL REQUIREMENTS FOR MIXED BEVERAGES
PERMITTEES
14b NCAC 15b .0501 PURCHASE TRANSPORTATION PERMIT/PURCHASE
INVOICE FORM
(a) A mixed beverages permittee or a designated employee
shall obtain a Purchase‑Transportation Permit/Invoice form from the ABC
store designated by the local board as the place where spirituous liquor will
be sold to mixed beverages permittees.
(b) A Purchase‑Transportation Permit/Invoice form,
which shall be completed by the local ABC board, shall contain the following:
(1) permittee's name;
(2) trade name, address and telephone number of
the licensed premises;
(3) permittee's Mixed Beverages Permit number;
(4) name and driver's license number of person
or persons authorized to purchase and transport spirituous liquor;
(5) number and location of ABC store where
purchase is to be made;
(6) permittee's transaction or order number;
(7) date of transaction;
(8) destination of the spirituous liquor which
shall be the address given in Subparagraph (b)(2) of this Rule;
(9) brand, quantity, size and item code number
of each spirituous liquor container purchased and transported, including the
serial number of each complete case or carton sold;
(10) signatures of persons issuing and receiving
permit/invoice form;
(11) regular retail price per container;
(12) mixed beverages tax per container;
(13) total price per container;
(14) total cost of transaction; and
(15) date of order, date of purchase, and
expiration date.
(c) The Purchase‑Transportation Permit/Invoice form
shall be retained by the permittee for three years.
History Note: Authority G.S. 18B‑207; 18B‑403(d);
18B‑404;
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0502 Eff.
August 1, 2015.
14B NCAC 15B .0502 PRE‑ORDERS
A mixed beverages permittee shall make every effort to place
orders for spirituous liquor with the local board at least 24 hours in advance
and in every case shall comply with local board policies regarding the purchase
of liquor for resale in mixed beverages.
History Note: Authority G.S. 18B‑207; 18B‑404;
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
RRC Objection due to ambiguity Eff. May 21, 1992;
Amended Eff. July 6, 1992;
Transferred and Recodified from 04 NCAC 02S .0503 Eff.
August 1, 2015.
14B NCAC 15B .0503 CONFLICTS OF INTEREST
No person shall be employed or allowed by a mixed beverages
permittee to work on the licensed premises if that person is employed or
engaged in any manner in the manufacturing, rectifying, bottling or wholesaling
of spirituous liquor.
History Note: Authority G.S. 18B‑207; 18B‑1116;
Eff. January 1, 1982;
Transferred and Recodified from 04 NCAC 02S .0507 Eff.
August 1, 2015.
14B NCAC 15B .0504 DISPENSING EQUIPMENT
(a) A mixed beverages permittee may not install or use any
equipment or device for the automated mixing or dispensing of mixed beverages
unless use of the equipment or device has been approved by the Commission. A
brand or type of equipment will not be approved by the Commission if it:
(1) dispenses from any container other than the
spirituous liquor container to which the mixed beverages tax stamp is affixed,
(2) employs an in‑series hook‑up
which would permit spirituous liquor to flow from container to container before
reaching the dispensing spigot or nozzle, or
(3) allows the intermixing of different kind of
products or brands.
(b) Neither a mixed beverages permittee nor an employee of
a permittee may mix or dispense any mixed beverage from any automated equipment
or device unless a card, label sign, plate or other insignia indicating the
brand of spirituous liquor being dispensed is displayed at the location where
the equipment is in use.
History Note: Authority G.S. 18B‑207;
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0508 Eff.
August 1, 2015.
14B NCAC 15B .0505 MINIMUM CONTENTS OF MIXED BEVERAGES
A permittee shall not advertise or sell as a mixed beverage
a drink that contains less than one ounce of spirituous liquor unless the
permittee informs the customer that the drink contains a lesser amount.
History Note: Authority G.S. 18B‑207;
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0509 Eff.
August 1, 2015.
14b NCAC 15b .0506 PRICE LISTS: MISREPRESENTATION
(a) Each mixed beverages permittee shall have available for
its customers a written price list containing current prices for the most
common or popular mixed beverages the permittee offers for sale.
Any menu, master beverage price list or other written list
that contains prices is sufficient as long as the prices listed are current and
the list is readily available to the customer.
(b) Neither a mixed beverages permittee nor his employee
shall misrepresent the price of any mixed beverage that is sold or offered for
sale on the licensed premises.
(c) A guest room cabinet permittee shall affix to the door
of every in‑room bar or cabinet a complete list of the current prices of
each alcoholic beverage offered for sale from the cabinet.
History Note: Authority G.S. 18B‑207; 18B‑1001(13);
18B‑1007(c);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0510 Eff.
August 1, 2015.
14B NCAC 15B .0507 PRE‑MIXING DRINKS
(a) Except as provided in this Rule, neither a mixed
beverage permittee nor his employee shall pre‑mix mixed beverages or
prepare any mixed beverage before receiving an order for the beverage from a
customer.
(b) A mixed beverages permittee may pre‑mix mixed
beverages upon receiving Commission approval provided the following conditions
are complied with:
(1) No spirituous liquor may be used in the pre‑mixing
of mixed beverages except spirituous liquor on which the mixed beverages charge
imposed by G.S. 18B‑804(b)(8) has been paid. All spirituous liquor used
for pre‑mixing of mixed beverages shall be dispensed into the approved
pre‑mixing system from a container to which a mixed beverages tax stamp
is affixed;
(2) All pre‑mixing shall be done pursuant
to a recipe that has been approved by the Commission. That recipe shall state
the exact percentage and type or types of spirituous liquors and other
alcoholic beverages used in the mixture;
(3) Pre‑mixing shall be limited to those
approved recipes for which the permittee prepares and sells at least five
gallons per week. The Commission shall withdraw its approval for pre‑mixing
of any recipe for which this minimum standard is not maintained;
(4) Only equipment and systems approved by the
Commission shall be employed in the pre‑mixing and dispensing of mixed
beverages;
(5) A permittee that is authorized to pre‑mix
mixed beverages shall maintain at all times an accurate inventory reflecting
withdrawals from his spirituous liquor stock for purposes of pre‑mixing
that specifies:
(A) the brand and container size of each item withdrawn;
(B) the date and time of withdrawal; and
(C) the date and time partially used containers are
returned to storage.
History Note: Authority G.S. 18B‑207;
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0511 Eff.
August 1, 2015.
14B NCAC 15B .0508 STORAGE AND DISPOSAL OF SPIRITUOUS
LIQUOR CONTAINERS
(a) Keys Required. Any lock used to secure a storage area
shall be capable of being unlocked with a key that is available on the premises
at all times.
(b) Official Inspections. Storage areas shall be open to
inspection by the Commission or law enforcement officers pursuant to G.S. 18B-502.
(c) Empty Containers. As soon as a container of spirituous
liquor is empty, the permittee or his employee shall permanently deface the
mixed beverages tax stamp and dispose of the bottle.
(d) Guest Room Cabinet Permittees. A hotel that has been
issued a Guest Room Cabinet Permit may store spirituous liquor and premixed
cocktails purchased for resale from guest room cabinets in the same storage
area with alcoholic beverages purchased for resale in mixed beverages, as
provided in Paragraph (a) of this Rule. A hotel shall not, however, place on
display at mixing stations any 50 milliliter containers of liquor that were
purchased for resale from cabinets. Empty or partially empty containers of
alcoholic beverages purchased by a room guest from a cabinet shall be disposed
of by the permittee after the room guest has checked out of the hotel.
History Note: Authority G.S. 18B-100; 18B-207; 18B-502;
18B-1001(13); 18B-1007(b);
Eff. January 1, 1982;
Amended Eff. April 1, 2011; July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0512 Eff.
August 1, 2015.
14B NCAC 15B .0509 PROHIBITED ACTS: HANDLING AND STORAGE OF
LIQUOR
Neither a mixed beverages permittee nor his employee,
whether on or off the premises, shall:
(1) add any alcoholic beverage to any container of
spirituous liquor purchased for resale in mixed beverages;
(2) transfer from one spirituous liquor container to
another or remove from any liquor container the mixed beverages tax stamp or
any other stamp, label, seal or device required by law to be affixed to the
container;
(3) destroy, alter or deface the mixed beverages tax
stamp or any other stamp, label, seal or device required by law to be affixed
to a liquor container before the container has been emptied;
(4) possess a counterfeit mixed beverages stamp, place
a counterfeit mixed beverages stamp on any liquor container, or knowingly
possess any container with a counterfeit stamp;
(5) store any spirituous liquor purchased for resale in
mixed beverages in any place other than the approved storage area of the
premises specified in the purchase‑transportation permit;
(6) place or have in the approved storage area or
possess elsewhere on the licensed premises any container of spirituous liquor
not bearing a mixed beverages tax stamp;
(7) dilute or otherwise tamper with the contents of any
container of alcoholic beverages;
(8) give or sell to any patron any container of
spirituous liquor that was purchased for resale as mixed beverages, whether the
container is full or partially full; provided, however, this prohibition shall
not be construed to prohibit a room guest from removing from the hotel a
container of alcoholic beverages purchased from a guest room cabinet;
(9) possess any empty container of spirituous liquor
purchased for resale in mixed beverages if the mixed beverages tax stamp on
that container has not been permanently defaced;
(10) possess or sell on the premises any brand of
spirituous liquor that has not been approved by the Commission for sale in
North Carolina or that was not purchased by the permittee pursuant to an
approved special order;
(11) purchase any spirituous liquor for resale in mixed
beverages other than as authorized by a valid purchase‑transportation
permit;
(12) conceal or otherwise fail to indicate truthfully and
accurately in any records required to be kept by the permittee the sale of any
alcoholic beverages on the licensed premises; or
(13) make any other incomplete, inaccurate, false or
misleading statements in any report or record required by these Rules.
Editor's Note: Beecher R. Gray,
Administrative Law Judge with the Office of Administrative Hearings, declared
Rule 04 NCAC 02S .0513(3) void as applied in North Carolina Alcoholic Beverage
Control Commission v. Keven Scott Heath, Robinhood Grille, LLC, T/A Robinhood
Grille (00 ABC 1026).
History Note: Authority G.S. 18B‑207; 18B‑404;
18B‑1001(13); 18B‑1007; 18B‑1008;
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0513 Eff.
August 1, 2015.
14B NCAC 15B .0510 PROHIBITED ACTS: SERVING ALCOHOLIC
BEVERAGES
Neither a mixed beverages permittee nor his employee shall:
(1) sell or allow the consumption of any mixed
beverages in an area other than one specifically approved by the Commission for
that purpose;
(2) sell, offer to sell, or serve on the premises any
mixed beverage by customer self‑service or allow any such sale or
service, except that a guest room cabinet permittee may sell alcoholic
beverages from guest room cabinets as authorized by G.S. 18B‑1001(12) and
the rules of the Commission;
(3) sell, offer for sale, or possess for the purpose of
sale on the premises any alcoholic beverages that the permittee is not licensed
to sell;
(4) possess or consume, or allow any other person to
possess or consume, on the premises any alcoholic beverages for which no permit
is held if a permit is required by law for the possession or consumption of
that beverage;
(5) misrepresent the brand of any spirituous liquor
contained in any mixed beverage sold or offered for sale; or
(6) sell or serve any brand of alcoholic beverage not
identical to that ordered by the patron without first advising the patron of
the difference.
History Note: Authority G.S. 18B‑207; 18B‑1001(13);
18B‑1006(d);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0514 Eff.
August 1, 2015.
14B NCAC 15B .0511 PRIVATE CLUBS: MEMBERS' LIQUOR KEPT
SEPARATE
In a private club with both a Mixed Beverages Permit and a
Brownbagging Permit, the permittee shall comply with the following
requirements:
(1) The permittee shall not allow a member or guest to
possess on the premises more than five liters of fortified wine or spirituous
liquor, or five liters of the two combined, or more than 80 liters of malt
beverages other than draft malt beverages in kegs;
(2) The permittee shall ensure that each container of
alcoholic beverages brought onto the premises by a member or guest is labeled
immediately with the member's name or the guest's and sponsoring member's
names;
(3) Neither a permittee nor a member shall furnish or
have any person furnish a member's alcoholic beverages to another member or a
guest of a member unless the member owning the beverage is present on the
licensed premises;
(4) Other than to label a container, or during private
meetings or parties held under a Special Occasion Permit, neither a permittee
nor an employee shall possess or maintain custody over a member's alcoholic
beverages or a member's storage locker key, whether or not the member is
present on the licensed premises.
Note: This Paragraph prohibits the employees of the private
club from handling a member's alcoholic beverages in any way whatsoever other
than to put on the member's name label or when a private function is being held
for a private group under a Special Occasion Permit, pursuant to G.S. 18B‑1001(8).
It is a violation of this Rule for a member's alcoholic beverages to be kept at
or behind the bar where mixed beverages are prepared and sold.
History Note: Authority G.S. 18B‑207; 18B‑1006(b);
18B‑1008;
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0516 Eff.
August 1, 2015.
14B NCAC 15B .0512 PRIVATE CLUBS: STORAGE OF MEMBERS'
BEVERAGES
In a private club with both a Mixed Beverages Permit and a
Brownbagging Permit, the permittee and his employees shall ensure that members'
alcoholic beverages, other than those being consumed, are stored in strict
compliance with the provisions of Rule .0403 of this Subchapter.
History Note: Authority G.S. 18B‑207; 18B‑1006(b);
18B‑1008;
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0517 Eff.
August 1, 2015.
14B NCAC 15B .0513 PRIVATE CLUBS: FINANCIAL STATEMENTS:
RECORD KEEPING
(a) A private club holding a Mixed Beverages Permit shall
maintain full and accurate monthly records of its finances, separately
indicating each of the following:
(1) amounts expended for the purchase of
spirituous liquor from ABC stores and the quantity of spirituous liquor
purchased;
(2) amounts collected from the sale of mixed
beverages and, by brand and container size, the quantity of spirituous liquor
sold;
(3) amounts received in payment of members'
dues;
(4) amounts received from charges to members
and guests of members; and
(5) quantity of spirituous liquor, by brand and
container size, that was not sold but is no longer on the licensed premises due
to stated reasons, such as breakage or theft.
(b) Records of purchases of spirituous liquor and sales of
mixed beverages shall be filed separate and apart from all other records
maintained on the premises.
(c) Records, including original invoices for the items in
Paragraph (a) of this Rule, shall be maintained on the premises for three years
and shall be open for inspection or audit pursuant to G.S. 18B-502.
(d) A private club holding a Mixed Beverages Permit shall
submit to the Commission for its review, reports summarizing the information
required to be maintained by this Rule. These reports shall be submitted on an
annual basis or upon request by the Commission.
History Note: Authority G.S. 18B-100; 18B-207; 18B-1008;
Eff. January 1, 1982;
Amended Eff. April 1, 2011; July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0518 Eff.
August 1, 2015.
14B NCAC 15B .0514 RESTAURANTS: INCOME FROM SALES
(a) For the purposes of G.S. 18B-1000(6), in determining
what portions of sales can be attributed to the sale of food and non-alcoholic
beverages, the following sales may be included:
(1) food prepared in the permittee's kitchen
and served as a meal to be consumed on the premises or as a "take-out"
order;
(2) prepackaged food sold to accompany the
meal; and
(3) non-alcoholic beverages sold to accompany
the meal.
(b) For the purposes of G.S. 18B-1000(6), in determining
what portions of sales can be attributed to the sale of food and non-alcoholic
beverages, the following items may not be included:
(1) mixed beverages, including the mixer;
(2) any other alcoholic beverages;
(3) grocery items not ordered and purchased
with meals; and
(4) cover charges.
History Note: Authority G.S. 18B-100; 18B-207; 18B-1000(6);
18B-1008;
Eff. January 1, 1982;
Amended Eff. April 1, 2011; July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0519 Eff.
August 1, 2015.
14B NCAC 15B .0515 RESTAURANTS, HOTELS, AND TOUR BOATS:
RECORD KEEPING
(a) Monthly Records. Restaurants, hotels and tour boats
holding Mixed Beverages Permits shall maintain full and accurate monthly
records of their finances, separately indicating each of the following:
(1) amounts expended for the purchase of
spirituous liquor from ABC stores and the quantity of spirituous liquor
purchased;
(2) amounts collected from the sale of mixed
beverages and, by brand and container size, the quantity of spirituous liquor
sold;
(3) if a guest room cabinet permittee, the
amounts collected from the sale of liquor from guest room cabinets, and by
container size, the quantity of liquor sold from cabinets;
(4) the quantity of spirituous liquor, by brand
and container size, that was not sold but is no longer on the premises due to
stated reasons, such as breakage or theft;
(5) if a restaurant or tour boat, amounts
collected from the sale of:
(A) food and non-alcoholic beverages;
(B) items other than food and beverages of all kinds;
and
(C) malt beverages, unfortified wine and fortified wine;
(6) if a hotel, amounts collected from:
(A) furnishing lodging;
(B) sale of meals;
(C) sale of malt beverages, unfortified wine and
fortified wine; and
(D) all other sources.
(b) Segregation of Records. Records of purchases of
spirituous liquor and sales of alcoholic beverages shall be filed separate and
apart from all other records maintained on the premises.
(c) Retention and Inspection of Records. Records,
including original invoices related to alcoholic beverages and mixed beverages,
shall be maintained on the premises for three years and shall be open for
inspection or audit pursuant to G.S. 18B-502.
(d) Submission of Financial Records. A restaurant, tour
boat, or hotel holding a Mixed Beverages Permit shall submit to the Commission
for its review, reports summarizing the information required to be maintained
by this Rule. These reports shall be submitted on an annual basis or upon
request by the Commission.
History Note: Authority G.S. 18B-100; 18B-207; 18B-1006(i);
18B-1008;
Eff. January 1, 1982;
Amended Eff. April 1, 2011; July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0520 Eff.
August 1, 2015.
14B NCAC 15B .0516 HOTELS: INCOME FROM SALES
For the purpose of defining a hotel, the term
"substantially engaged in the business of furnishing lodging" in G.S.
18B‑1000(4) means that the establishment's gross receipts from the rental
of lodging rooms, sale of food, and sale of non‑alcoholic beverages are
greater than its gross receipts from the sale of alcoholic beverages.
History Note: Authority G.S. 18B‑1000(4); 18B‑1008;
Eff. July 1, 1992;
Transferred and Recodified from 04 NCAC 02S .0523 Eff.
August 1, 2015.
14B NCAC 15B .0517 GUEST ROOM CABINET PERMITTEES: PURCHASES
OF LIQUOR
(a) Ordering Liquor. A guest room cabinet permittee shall
comply with Rule .0503 of this Section and place orders for liquor to be sold
from guest room cabinets in accordance with the local board's rules and the
following additional conditions:
(1) Orders for liquor to be sold from cabinets
shall be placed separately from orders for liquor to be resold in mixed
beverages;
(2) Liquor may be purchased for resale from
cabinets in 50, 355 and 375 milliliter sizes only; premixed cocktails purchased
for resale from cabinets may be purchased in 355 or 375 milliliter sizes only.
(b) Mixed Beverages Surcharge Stamps. A guest room cabinet
permittee who receives unaffixed stamps from a local board shall immediately
affix one stamp to each container of liquor before the container is logged into
the permittee's inventory. Errors in receiving incorrect numbers of stamps or
containers from local board personnel shall be the responsibility of the permittee
at the time of purchase.
History Note: Authority G.S. 18B‑207; 18B‑404(d);
18B‑1001(13);
Eff. July 1, 1992;
Transferred and Recodified from 04 NCAC 02S .0524 Eff.
August 1, 2015.
14B NCAC 15B .0518 GUEST ROOM CABINETS; INVENTORY AND
RECORDS
A guest room cabinet permittee shall maintain on the
premises an accurate inventory and sales records of all liquor purchased for
resale in cabinets in accordance with the following requirements:
(1) Sales records of guest room cabinet liquor shall be
kept on a monthly basis in accordance with the requirements of Rule .0520 of
this Section; and
(2) Purchase-transportation permits for liquor to be
sold from guest room cabinets shall be maintained by the permittee on the
premises for a period of three years.
History Note: Authority G.S. 18B-100; 18B-207; 18B-1001(13);
Eff. July 1, 1992;
Amended Eff. November 1, 2012;
Transferred and Recodified from 04 NCAC 02S .0525 Eff.
August 1, 2015.
14B NCAC 15B .0519 GUEST ROOM CABINETS; SALES OF ALCOHOLIC
BEVERAGES
(a) Restrictions on 50 Milliliter Containers. A guest room
cabinet permittee shall not display or sell any 50 milliliter container of
liquor on any part of the hotel premises other than in guest room cabinets
installed in guest rooms.
(b) Cabinet Locks and Keys. A guest room cabinet shall
contain a lock which may be opened only with a key that is separate from the
hotel room key. Electronically operated locking systems for guest room
cabinets may be installed by a permittee upon written approval of the
Commission when it has been shown that the electronic locking system contains
adequate safeguards against underage persons being able to obtain alcoholic
beverages from guest room cabinets.
(c) Lodging Guests. No guest room cabinet permittee or his
employee shall give a guest room cabinet key to any person under 21 years of
age. No lodging guest shall be required to accept a guest room cabinet key if
the guest does not wish to have a key.
(d) Price List. Every guest room cabinet installed by a
permittee shall have firmly affixed to the door of the cabinet a complete list
of all alcoholic beverages offered for sale from the cabinet and the current
price of each alcoholic beverage.
(e) Notice of Age Requirement. In addition to the price
list required in Paragraph (d) of this Rule, each guest room cabinet shall
contain a notice to guests that reads as follows: "IT IS UNLAWFUL IN NORTH
CAROLINA FOR ANY PERSON TO GIVE ALCOHOLIC BEVERAGES TO ANY PERSON UNDER 21
YEARS OF AGE. G.S. 18B‑302."
History Note: Authority G.S. 18B‑207; 18B‑302(a);
18B‑404(d); 18B‑1001(13);
Eff. July 1, 1992;
Transferred and Recodified from 04 NCAC 02S .0526 Eff.
August 1, 2015.
14B NCAC 15B .0520 GUEST ROOMS CONSIDERED RESIDENCE
(a) Law Enforcement Jurisdiction. A hotel room is
considered a place of temporary residence and not part of the permittee's
retail licensed premises. Therefore, when a hotel room has been rented to a lodging
guest, entrance by a law enforcement officer into the guest room is governed by
the same laws as entry into any residence, notwithstanding the fact that the
hotel has installed a guest room cabinet in the room.
For the purposes of enforcing the ABC laws related to guest
room cabinets, a permittee shall allow Alcohol Law Enforcement agents, local
ABC officers and employees of the Commission reasonable access to guest rooms
that are not rented to a lodging guest at the time of the inspection.
(b) Certain Restrictions Not Applicable to Guest Room
Cabinet Sales. Because a rented hotel room is considered a temporary residence,
the rooms are not considered part of the permittee's retail licensed premises.
Therefore, rules regulating such areas as "happy hours," and
advertising are not applicable to sales of alcoholic beverages from hotel
cabinets.
History Note: Authority G.S. 18B‑207; 18B‑301(a);
18B‑502; 18B‑1001(13);
Eff. July 1, 1992;
Transferred and Recodified from 04 NCAC 02S .0527 Eff.
August 1, 2015.
14b NCAC 15b .0521 MIXED BEVERAGES CATERING PERMITS;
GENERAL
(a) Liquor Purchases. Liquor catered by a mixed beverages
permittee shall be purchased by the permittee from the mixed beverages store
operated by the local ABC board for the jurisdiction in which the restaurant or
hotel is issued a Mixed Beverages permit. A hotel or restaurant with a Mixed
Beverages Catering permit shall not cater any liquor on which the mixed
beverages surcharge imposed by G.S. 18B‑804(b)(8) has not been paid.
(b) Cash Bars Prohibited. The Mixed Beverages Catering
permit does not authorize the sale of individual mixed beverages at a catered
event. Therefore, no mixed beverages catering permittee shall set up a cash
bar for beer, wine or mixed beverages at any place other than on the licensed
premises of the hotel or restaurant.
(c) Food Required. A mixed beverages catering permittee
who is catering liquor at an event held off the licensed premises of the hotel
or restaurant shall also cater food at that event.
(d) Intent of Rules. Nothing in the provisions of the
rules of the Commission shall be construed to allow a mixed beverages catering
permittee to contract with the holder of a Special Occasions or Brownbagging
permit to serve or sell mixed beverages to the patrons of that permittee's
business for a function to be held at the location for which those permits were
issued.
History Note: Authority G.S. 18B‑203(a)(1); 18B‑207;
18B‑1001(12); 18B‑1007(a);
18B‑1008;
Eff. July 1, 1992;
Transferred and Recodified from 04 NCAC 02S .0528 Eff.
August 1, 2015.
14b NCAC 15b .0522 MIXED BEVERAGES CATERING PERMITS IN
"DRY AREAS"
(a) Definitions. For purposes of this Rule, the following
definitions shall apply:
(1) "Dry area" means a jurisdiction
in which the sale of mixed beverages has not been approved in an election held
pursuant to G.S. 18B‑600 or by any other provision of the ABC laws.
(2) "Private function" means an
unadvertised event for which the host has issued personal invitations. Events
for which invitations are issued by radio, television, newspaper, circular or
fliers to the general public shall not be construed as "private."
(b) Restrictions. In addition to Rule .0528 of this
Section, the following additional restrictions shall apply to all events being
catered in areas in which the sale of mixed beverages is not lawful:
(1) Liquor may be catered at political or
charitable events held to allow a non‑profit or political organization to
raise funds where the host organization has obtained a Special One‑Time
permit pursuant to G.S. 18B‑1002(5) authorizing the serving of mixed
beverages to persons attending the event. These fund‑raising events may
be private or open to the public, and may be held on private, commercial, or
government owned property unless prohibited by the provisions of G.S. 18B‑300
or G.S. 18B‑301(f).
(2) Liquor may be catered at any private
function held on the premises of a business that holds a Special Occasion
permit, or for a person who has obtained a Limited Special Occasion permit only
if:
(A) the host is not a permittee who has been issued a
Special Occasion permit pursuant to G.S. 18B‑1001(8); and
(B) there is no admission charged to those attending.
(3) Liquor may be catered at any private
function held on private residential or non‑commercial property so long
as no admission is charged to those attending.
History Note: Authority G.S. 18B‑203(a); 18B‑207;
18B‑301(a),(c); 18B‑603; 18B‑1001;
18B‑1001(12); 18B‑1002(5);
Eff. July 1, 1992;
Transferred and Recodified from 04 NCAC 02S .0529 Eff.
August 1, 2015.
SECTION .0600 - SPECIAL REQUIREMENTS FOR CONVENTION CENTERS,
COMMUNITY THEATRES, SPORTS CLUBS, AND NONPROFIT AND POLITICAL ORGANIZATIONS
14b NCAC 15b .0601 RECORD KEEPING
(a) Convention centers, community theatres, nonprofit and
political organizations holding Mixed Beverages permits shall maintain full and
accurate monthly records of their finances, separately indicating each of the
following:
(1) amounts expended for the purchase of
spirituous liquor from ABC stores and the quantity of spirituous liquor
purchased;
(2) amounts collected from the sale of mixed
beverages and, by brand and container size, the quantity of spirituous liquor
sold; and
(3) the quantity of spirituous liquor, by brand
and container size, that was not sold but is no longer on the premises due to
stated reasons, such as breakage or theft.
(b) Segregation of Records. Records of purchases of
spirituous liquor and sales of alcoholic beverages shall be filed separate and
apart from all other records maintained on the premises.
(c) Retention and Inspection of Records. Records,
including original invoices related to alcoholic beverages and mixed beverages,
shall be maintained on the premises for three years and shall be open for
inspection or audit pursuant to G.S. 18B-502.
(d) Submission of Financial Records. A permittee holding a
Mixed Beverages permit under this Rule shall submit to the Commission for its
review, reports summarizing the information required to be maintained by the
rule. These reports shall be submitted on an annual basis or upon request by
the Commission.
History Note: Authority G.S. 18B-100; 18B-207; 18B-1007;
Eff. July 1, 1992;
Temporary Amendment Eff. September 24, 1993 for a Period of
180 Days or Until the Permanent Rule Becomes Effective, Whichever is Sooner;
Amended Eff. April 1, 2011; February 1, 1994;
Transferred and Recodified from 04 NCAC 02S .0612 Eff.
August 1, 2015.
14b NCAC 15b .0602 SPORTS CLUB: DEFINITIONS
In interpreting the term sports club as contained in G.S.
18B‑1000(8), the following definitions shall apply:
(1) "Equipment" means golf clubs, tennis
rackets, golf and tennis balls, golf and tennis shoes, golf and tennis gloves,
golf tees, golf and tennis clothing, and other items worn or utilized by the
golfer or tennis player while engaged in the activities of golf or tennis.
(2) "Golf course" means an 18 hole course
designed and maintained for the play of the game of golf with a total tee to
green length of at least 4,000 yards.
(3) "Gross receipts for alcoholic beverages"
means all sales of beer, wine and spirituous liquor including any mixers sold
in mixed beverages.
(4) "Receipts for food" means that portion of
the establishment's sales which can be attributed to the sale of food and
non-alcoholic beverages, which portion is to be determined in accordance with
the provisions of 14B NCAC 15B .0514(b) and (c).
(5) "Restaurant" means restaurant as defined
in G.S. 18B‑1000(6) and 14B NCAC 15B .0105.
(6) "Tennis court" means a 60 foot by 120
foot surface composed of asphalt, concrete, composite, grass or other similar
material which is constructed and maintained so as to permit the play of tennis
on a regular basis and which is completely enclosed by a chain link, particle
board or other comparable fence.
History Note: Authority G.S. 18B‑207; 18B‑1000(5a);
18B‑1008;
Temporary Adoption Eff. September 24, 1993 for a Period
of 180 Days or Until the Permanent Rule Becomes Effective, Whichever is Sooner;
Eff. February 1, 1994;
Transferred and Recodified from 04 NCAC 02S .0613 Eff.
August 1, 2015.
14B NCAC 15B .0603 SPORTS CLUB: REQUIREMENTS FOR RECEIVING
AND HOLDING PERMITS
To be eligible to receive and to hold ABC permits as a
sports club, in addition to the requirements imposed by G.S. 18B‑1000(8),
an establishment shall:
(1) operate a golf course or a tennis court or both on
its premises, and
(2) derive at least 15% of its club activity fees from
sources other than receipts for food.
History Note: Authority G.S. 18B‑207; 18B‑1000(5a);
18B‑1008;
Temporary Adoption Eff. September 24, 1993 for a Period
of 180 Days or Until the Permanent Rule Becomes Effective, Whichever is Sooner;
Eff. February 1, 1994;
Transferred and Recodified from 04 NCAC 02S .0614 Eff.
August 1, 2015.
14b NCAC 15b .0604 SPORTS CLUB: CLUB ACTIVITY FEES
Club activity fees may only include revenues from the
following:
(1) membership dues paid for golf or tennis privileges;
(2) court or greens fees paid by patrons for the
privilege of using the golf course or the tennis court located on the sports
club's premises;
(3) receipts for food if the establishment operates a
restaurant on its licensed premises;
(4) equipment sales on the sports club's licensed
premises;
(5) golf cart rental fees;
(6) teaching fees paid to golf or tennis professionals
for lessons given on the sports club's premises;
(7) equipment rental fees, if the equipment is rented
for use on the sports club's golf course or tennis court;
(8) entry fees for golf or tennis tournaments held on
the sports club's premises;
(9) revenue generated by the sale of tickets to golf or
tennis tournaments held on the sports club's premises.
History Note: Authority G.S. 18B‑207; 18B‑1000(5a);
18B‑1008;
Temporary Adoption Eff. September 24, 1993 for a Period
of 180 Days or Until the Permanent Rule Becomes Effective, Whichever is Sooner;
Eff. February 1, 1994;
Transferred and Recodified from 04 NCAC 02S .0615 Eff.
August 1, 2015.
14B NCAC 15B .0605 SPORTS CLUB: RECORD KEEPING REQUIREMENTS
(a) Monthly Records. A sports club holding ABC permits
issued by the Commission shall maintain full and accurate monthly records of
the following:
(1) amounts expended for the purchase of
spirituous liquor from ABC stores and the quantity of spirituous liquor
purchased;
(2) amounts collected from the sale of mixed
beverages and, by brand and container size, the quantity of spirituous liquor
sold;
(3) the quantity of spirituous liquor, by brand
and container size, that was not sold but is no longer on the premises due to
stated reasons, such as breakage or theft;
(4) amounts collected from the sale of malt
beverages, fortified wine, and unfortified wine;
(5) amounts collected from club activity fees,
excluding receipts for food; and
(6) receipts for food.
(b) The records required to be kept by this Rule shall be
kept separate and apart from all other records maintained on the premises.
(c) Records, including original invoices related to
alcoholic beverages and mixed beverages, shall be maintained on the premises
for three years and shall be open to inspection or audit pursuant to G.S. 18B-502.
(d) A sports club holding ABC permits shall submit to the
Commission for its review, reports summarizing the information required by this
Rule. These reports shall be submitted on an annual basis or upon request by
the Commission.
History Note: Authority G.S. 18B-100; 18B-207; 18B-1000(5a);
18B-1008;
Temporary Adoption Eff. September 24, 1993 for a Period
of 180 Days or Until the Permanent Rule Becomes Effective, Whichever is Sooner;
Eff. February 1, 1994;
Amended Eff. April 1, 2011;
Transferred and Recodified from 04 NCAC 02S .0616 Eff.
August 1, 2015;
SECTION .0700 - SPECIAL OCCASIONS PERMITS
14B NCAC 15B .0701 STORAGE OF ALCOHOLIC BEVERAGES
Alcoholic beverages possessed under a Special Occasion
Permit or a Limited Special Occasion Permit may be stored on the premises
covered by the permit in accordance with G.S. 18B‑403(g), as long as the
beverages are stored in a secure area and are not stored in a mixed beverage
permittee's storage area or commingled with the mixed beverages inventory.
History Note: Authority G.S. 18B‑207; 18B‑403(g);
18B‑1001(8),(9);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0703 Eff.
August 1, 2015.
14B NCAC 15B .0702 NOTICE TO BE POSTED
When a private function is being held under a Special
Occasion Permit or Limited Special Occasion Permit, the permittee shall post a
notice certifying that a private function is being held. The notice shall be posted
in that area of the establishment in which alcoholic beverages are being
consumed or possessed.
History Note: Authority G.S. 18B‑207;
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0704 Eff.
August 1, 2015.
14B NCAC 15B .0703 NO PERMIT REQUIRED AT APARTMENT
CLUBHOUSE
A Special Occasion Permit is not required of club rooms or
social centers that are provided by apartment complexes or multiple family
housing projects for use by residents and their guests for parties, meetings or
other social events as long as no more than a nominal fee is charged to cover
additional or special janitorial services. (In those instances the club rooms
or social centers shall be considered a reasonable extension of the residents'
private residences, and no Special Occasion Permit is required). A club room
or social center shall be considered a commercial establishment for which a
Special Occasion Permit is required if the club room or social center:
(1) is rented to nonresidents of the multiple family
housing complex;
(2) is rented to residents for a charge in excess of
that reasonably calculated to cover additional or special janitorial services;
or
(3) holds a retail Malt Beverage, Unfortified Wine,
Fortified Wine, or Mixed Beverages Permit.
History Note: Authority G.S. 18B‑207; 18B‑301(c);
Eff. January 1, 1982:
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0705 Eff.
August 1, 2015.
14b NCAC 15b .0704 WHEN PERMITS INVALID: MIXED BEVERAGE
SALES
When mixed beverages are being sold in a private dining
area, any other private area, or when the entire premises is being used for a
private function, any Special Occasion Permit that would otherwise be
applicable to the premises or area of the premises is invalid for that period,
and no person shall possess any spirituous liquor at that private function
other than the permittee and his employees.
History Note: Authority G.S. 18B‑207; 18B‑1008;
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0706 Eff.
August 1, 2015.
14B NCAC 15B .0705 DESTRUCTION OF LEFTOVER BEVERAGES
The owner or operator of a commercial establishment holding
a Special Occasion Permit shall destroy all fortified wine and spirituous
liquor left on the premises by the host of a private function more than 48
hours after the conclusion of the function.
History Note: Authority G.S. 18B‑207; 18B‑403(g);
18B‑1001(8);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0707 Eff.
August 1, 2015.
14B NCAC 15B .0706 TYPES OF PERMITS REQUIRED
The owner or operator of any commercial facility or
commercial establishment renting or furnishing the premises thereof for a
private function where the host of the function will possess more than eight liters
of fortified wine or spirituous liquor, or eight liters of the two combined,
shall either:
(1) apply for and obtain a Special Occasion Permit, as
required by G.S. 18B-1001(8) and G.S. 18B-902; or
(2) require the person in charge of the private
function to apply for and obtain a Limited Special Occasion Permit under the
provisions of G.S. 18B-1001(9) and 18B-902.
History Note: Authority G.S. 18B-100; 18B-207; 18B-301(b),(c);
18B-1001(8),(9);
Eff. July 1, 1992;
Amended Eff. November 1, 2012;
Transferred and Recodified from 04 NCAC 02S .0708 Eff.
August 1, 2015.
SECTION .0800 ‑ CULINARY PERMITS
14B NCAC 15B .0801 GENERAL REQUIREMENTS
In addition to the general requirements for restaurants,
hotels and cooking schools in G.S. 18B‑1000 and the Rules of the
Commission, a restaurant, hotel, cooking school or catering service using
fortified wine or spirituous liquor for culinary purposes shall obtain those
alcoholic beverages from a lawful source within this State.
History Note: Authority G.S. 18B‑207; 18B‑1000(1b),(4),(6);
18B‑1001(11); 18B‑1006(h);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0801 Eff.
August 1, 2015.
14B NCAC 15B .0802 SUSPENSION OF MIXED BEVERAGES PERMIT
If the Mixed Beverages Permit of any permittee is suspended,
no fortified wine or spirituous liquor shall be used by the permittee for
culinary purposes during the period of suspension.
History Note: Authority G.S. 18B‑104; 18B‑207;
18B‑1001(10),(11); 18B‑1008;
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0805 Eff.
August 1, 2015.
SECTION .0900 - WINE AND BEER TASTINGS
14B NCAC 15B .0901 TASTINGS HELD BY RETAILERS FOR CONSUMERS
(a) General. A retail wine or malt beverage permittee may
conduct tastings of wine or malt beverages for consumers. A tasting held on the
retailer's premises requires the appropriate permit. Any retailer conducting a
wine or malt beverage tasting shall:
(1) Provide training to its employees
conducting and supervising any tasting, including:
(A) identification of potential underage customers;
(B) recognition of fictitious identification;
(C) identification of potentially intoxicated customers;
and
(D) service of correct sample sizes; and
(2) Prominently display in the area where the
tasting is being conducted a sign informing customers that they must be 21
years of age to participate in the tasting.
(b) Tastings Assisted by Industry Member. For the purposes
of this Rule, "industry member" means any manufacturer, bottler,
importer, vendor, representative or wholesaler of alcoholic beverages. An
industry member may assist with wine or malt beverage tastings for consumers in
conjunction with, or on the licensed premises of, a retailer provided that:
(1) The wine or malt beverage is taken directly
from the retailer's existing inventory;
(2) The industry member makes no payment to or
on behalf of the retailer for promoting or advertising the tasting;
(3) The retailer provides instruction to any
participating industry member outlining how the tasting will be conducted prior
to the tasting;
(4) The retailer designates one of its
employees to supervise the tasting. The retail supervisor shall:
(A) be physically present, actively supervise and be
readily available to any participating industry member at all times during the
tasting;
(B) wear visible identification;
(C) physically check-in with any participating industry
member at each tasting station at least once per hour;
(D) make a final determination on the eligibility of a
consumer to participate in a tasting in the event such a question arises;
(E) maintain an accurate accounting of all wine or malt
beverages purchased for and consumed at the tasting; and
(F) dispose of any opened wine or malt beverage
containers remaining after the tasting, unless the remaining wine is retained
by a wine shop permittee.
(c) Unlawful Inducements Prohibited. No industry member
shall require a retailer, and no retailer shall require an industry member, to
conduct a wine or malt beverage tasting.
History Note: Authority G.S. 18B-100; 18B-207; 18B-1001(15);
18B-1001(18);
Eff. January 1, 1982;
Amended Eff. November 1, 2012; January 1, 2011; May 1,
1984;
Transferred and Recodified from 04 NCAC 02S .0901 Eff.
August 1, 2015.
14B NCAC 15B .0902 TASTINGS HELD BY INDUSTRY MEMBERS FOR CONSUMERS
Where the legal sale of those beverages is permitted, an
industry member may furnish wine or malt beverages for tastings for consumers
provided that:
(1) The tasting is conducted for promotional purposes; and
(2) No alcoholic beverages are sold, no sales or orders
are solicited, and no order blanks are placed in or about the premises.
History Note: Authority G.S. 18B-100; 18B‑207;
18B‑1107(a)(4); 18B‑1109(a)(4); 18B‑1116(b);
Eff. January 1, 1982;
Amended Eff. January 1, 2011; July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0902 Eff.
August 1, 2015.
14b NCAC 15b .0903 TASTINGS HELD BY INDUSTRY MEMBERS FOR RETAIL
PERMITTEES: SAMPLES
(a) Samples. An industry member may give samples of wine, malt
beverages or spirituous liquor to a retail permittee authorized to sell that
beverage under the following circumstances:
(1) The industry member may give the retailer
up to three gallons per brand of malt beverages, up to three liters per brand
of wine and up to 50 milliliters per brand of spirituous liquor; and
(2) The retailer has not previously purchased
those brands from the industry member within the previous calendar year.
(b) Tastings. At educational seminars, an industry member
may give a retail permittee samples by the glass of any products he offers for sale.
A tasting may be conducted on the industry member's premises or at any other location.
A tasting under this Paragraph shall not be conducted in conjunction with a
meal, a party, or any other social event but shall be for business purposes
only.
History Note: Authority G.S. 18B-100; 18B-207;
18B-1107(a)(4); 18B-1109(a)(4); 18B-1116(b);
Eff. January 1, 1982;
Amended Eff. January 1, 2011; July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .0903 Eff. August
1, 2015.
14B NCAC 15B .0904 TASTINGS HELD BY INDUSTRY MEMBERS FOR
ABC BOARDS
(a) Distiller representatives may conduct educational
tastings for ABC board members, general managers and employees, whose duties
include product selection, upon notification by the distiller representative to
the Commission and if the distiller representative has obtained a permit under
G.S. 18B-1001(9).
(b) A tasting held under this Rule shall not be conducted
in conjunction with a meal, a party or any other social event, but shall be for
business purposes only.
(c) No tasting shall be held on ABC board property.
History Note: Authority G.S. 18B-100; 18B-203(a)(9);
18B-207; 18B-1116;
Eff. April 1, 2011;
Transferred and Recodified from 04 NCAC 02S .0904 Eff.
August 1, 2015.
SECTION .1000 ‑ ADVERTISING
14B NCAC 15B .1001 DEFINITIONS
As used in this Section:
(1) The terms defined in G.S. Chapter 18B and
Subchapters 15A through 15C of this Chapter shall have the same meaning when
used in this Section.
(2) "Advertising" means the publicizing of
the trade name of a permittee, in connection with or relating to alcoholic
beverages or the publicizing of alcoholic beverages by brand name,
manufacturer's name or by other reference and shall include any display
intended to attract attention by a combination of letters, pictures, objects,
lighting effects, illustrations, etc., except that such term shall not include:
(a) any label affixed to any container of
alcoholic beverages or any individual covering, carton or other wrapper of the container;
or
(b) any editorial for which no money or other
valuable consideration is paid or promised, directly or indirectly, by any
person subject to these Rules.
(3) "Cooperative advertising" means any joint
effort between permittees occupying a vertical relationship to each other to
advertise alcoholic beverages, the retailer's business, or any promotion as
defined in 14B NCAC 15C .0701(3) of this Chapter. Cooperative advertising,
however, shall not be construed to include point‑of‑sale
advertising furnished by an industry member.
(4) "Direct Mail" means any advertising
material mailed via any class of postal service to a consumer.
(5) "Display" means the exhibition of
alcoholic beverage containers in cases, or bottles or cans outside of cases,
together with advertising material, the purpose of which is to advertise those
products to prospective purchasers on the premises.
(6) "Case display" means alcoholic beverages
in cartons or cases only. A handypack is included in the term
"carton."
(7) "Magazine" means any trade, fraternal or
scientific periodical or a periodical having general circulation and containing
descriptive matter, articles and stories, and designed primarily for the
edification and entertainment of the reader that is published no less frequently
than once each quarter.
(8) "Newspaper" means any paper published
more frequently than once monthly.
(9) "Point‑of‑Sale" means
advertising that is located inside and on the premises where the product is
displayed or sold. Point‑of‑sale materials do not include consumer
or retailer specialty items or novelties.
History Note: Authority G.S. 18B‑105(b);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .1001 Eff.
August 1, 2015.
14B NCAC 15B .1002 GENERAL PROVISIONS
(a) Compliance with Rules. No permittee or affiliate shall
publish, disseminate or broadcast, or cause to be published, disseminated or
broadcast, any advertisement, either directly or indirectly, by newspaper, magazine,
shopping guide, sign, circular, direct mail, billboard, display, radio,
television or other advertising medium unless the advertisement is in
conformity with all the rules of the Commission. This requirement shall apply
to any alcoholic beverage advertising, whether or not it originates within this
state. In addition, the Commission does not hereby waive the discretion
conferred upon it under G.S. 18B‑105 to prohibit any advertising that it
considers objectionable or contrary to public interest.
(b) Trade Practice Section Applies. In addition to the
rules in this Section, industry members shall comply with the trade practice
and advertising requirements of Section .0700 of Subchapter 15C of this Chapter
in their dealings with retailers and special one‑time permittees.
(c) Approval of Advertising Not Authorized. Upon request
and for good cause shown, the Commission may authorize a form of advertising
not specifically allowed or authorized by these Rules.
(d) Limited to Brands Listed. Advertisements of alcoholic
beverages shall be limited to the brands actually approved and listed by the
Commission at the time the advertisements appear.
(e) Telephone Directory Listings. Permittees may insert
telephone and city directory listings if the listings conform in copy to the
restrictions enumerated in these Rules.
(f) Advertising within Transportation Terminals. Upon
application, the Commission may allow a permittee to advertise alcoholic
beverages within transportation terminals by displays or otherwise.
(g) Exchange of Advertising by Permittee. Any retail
permittee of the Commission may give to any other retail permittee of the
Commission any advertising material if it meets the requirements of these
Rules.
Editor's Note: James L. Conner, II, Administrative
Law Judge with the Office of Administrative Hearings, declared Rule 4 NCAC 2S
.1004(c) void as applied in Daniel W. Shelton t/a Shelton Broers v. N.C.
Alcoholic Beverage Control Commission (99 ABC 1641).
History Note: Authority G.S. 18B‑105(b);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .1004 Eff.
August 1, 2015.
14B NCAC 15B .1003 PROHIBITED STATEMENTS IN ADVERTISING OR
ON LABELS
(a) General Restrictions. An advertisement or product
label shall not contain:
(1) any statement, design, device or
representation that is false or misleading in any material particular;
(2) any statement that is disparaging of a
competitor's products;
(3) any statement, design, device or
representation which depicts nudity or is obscene or indecent;
(4) any statement, design, device or
representation of or relating to analysis, standards or tests, irrespective of
falsity, which is likely to mislead the consumer;
(5) any statement, design, device or
representation of or relating to any guaranty, irrespective of falsity, which
is likely to mislead the consumer. Nothing in this Section shall prohibit the
use of an enforceable guaranty in substantially the following form: "We
will refund the purchase price to the purchaser if he is in any manner
dissatisfied with the contents of this package";
(6) any statement that the product is produced,
blended, made, bottled, packed or sold under or in accordance with any
authorization, law or regulation of any municipality, county or state, federal
or foreign government, unless such statement is required or specifically
authorized by the laws or regulations of such government; and if a municipal,
county, state or federal permit number is stated, such permit number shall not
be accompanied by any additional statement relating thereto;
(7) any statement, picture or illustration
implying that the consumption of alcoholic beverages enhances athletic prowess,
or any statement, picture or illustration referring to any known athlete, if
such statement, picture or illustration implies, or if the reader may
reasonably infer, that the use of this product contributed to such athlete's
athletic achievements;
(8) any picture or illustration depicting the
use of alcoholic beverages in a scene which is undignified, immodest or in bad
taste;
(9) any offer of a prize or award upon the
completion of any contest in which there is a requirement to purchase the
advertised product, provided that, no advertisement shall promote a game of
chance or a lottery;
(10) any subject matter or illustrations inducing
persons under 21 years of age to drink;
(11) any statement, picture or illustration
inconsistent with the spirit of safety or safe driving programs;
(12) any scene that would be contrary to state
laws and rules governing sale, storage and consumption of alcoholic beverages;
(13) any statement concerning a brand that is
inconsistent with any statement on the labeling thereof;
(14) any statement, design or device representing
that the use of a brand has curative or therapeutic effects, if such statement
is untrue in any particular, or tends to create a misleading impression;
(15) any statement or representation that the
product was manufactured in or imported from a place or country other than that
of the actual origin, or was produced or processed by one who was not in fact
the actual producer or processor;
(16) any statement, design, device or pictorial
representation of or relating to or capable of being construed as relating to
the armed forces of the United States or the American Flag, state flag, or any
emblem, seal, insignia or decoration associated with any such flag of armed
forces of the United States; nor shall any advertisement contain any statement,
device, design or pictorial representation of or concerning any flag, seal,
coat of arms, crest or other insignia, likely to mislead the consumer into
believing that the product has been endorsed, made or used by, produced for or
under the supervision of or in accordance with the specifications of the
government, organizations, family or individual with whom the flag, seal, coat
of arms, crest or insignia is associated; or
(17) words such as "high test,"
"high proof," "full strength," "extra strong," or
similar descriptive terms, or direct or indirect references to the intoxicating
effect of the product.
(b) Prohibited Statements in Regard to Wine. In addition
to the applicable prohibited statements as set forth in Paragraph (a) of this
Rule, an advertisement or label for wine shall not contain:
(1) any statement of bonded winecellar and
bonded winery numbers unless stated in direct conjunction with the name and address
of the person operating such winery or storeroom. Statement of bonded
winecellar and bonded winery numbers may be made in the following form:
"Bonded
Winecellar No. ___," "B.W.C. No. ___."
"Bonded
Winery No. ___," "B.W. No. ___."
No additional reference thereto
shall be made, nor shall any use be made of such statement that may convey the
impression that the wine has been made or matured under United States
Government or any state government supervision or in accordance with United
States Government or any state government specifications or standards;
(2) any statement, design or representation
which relates to alcoholic content or which tends to create the impression that
a wine is "unfortified" or has been "fortified" or has
intoxicating qualities, or contains spirituous liquor (except for a reference
to spirituous liquor in a statement of composition where such statement is
required by these Rules to appear as part of the designation of the product);
or
(3) statement of age or dates, or any statement
of age or representation relative to age (including words or devices in any
brand name or trademark), except that:
(A) In the case of vintage wine, the year of vintage may
be stated if it appears on the label; or
(B) Truthful references of a general and informative
nature relating to methods of production involving storage or aging, such as
"This wine has been mellowed in oak casks," "Stored in small
barrels" or "Matured at regulated temperatures in our cellars"
may be made.
The statement of any bottling date
shall not be deemed to be representation relative to age, if such statement
appears without undue emphasis in the following form: "Bottled in
____" (inserting the year in which the wine was bottled). No date, except
as provided in this Section with respect to statement of vintage year and
bottling date, shall be stated unless, in addition thereto and in direct
conjunction therewith, in the same size and kind of printing there shall be
stated an explanation of the significance of such date. Provided, that if any
date refers to the date of establishment of any business, firm or corporation
such date shall be stated without undue emphasis and in direct conjunction with
the name of the person, firm or corporation to whom it refers.
(c) Prohibited Statements in Regard to Spirituous Liquor.
In addition to the applicable prohibited statements in Paragraph (a) of this
Rule, an advertisement for spirituous liquor shall not contain:
(1) words "bond," "bonded,"
etc; any statement containing the words "bond," "bonded,"
or "bottled in bond," "aged in bond" or phrases containing
these or synonymous terms, unless such words or phrases appear upon the labels
of the spirituous liquor advertised, and are stated in the advertisement in the
manner and form in which they appear upon the label;
(2) statements of age; any statement, design or
device directly or by implication concerning age or maturity of any brand or
lot of spirituous liquor unless a statement of age appears on the labels of the
advertised product; When any such statement, design or device concerning age or
maturity is contained in any advertisement, it shall include, in direct
conjunction therewith and with substantially equal conspicuousness, all parts
of the statement concerning age and percentages, if any, which appear on the
label. However, an advertisement for any whiskey or brandy which does not bear
a statement of age on the label, or an advertisement for rum which is four
years or more old, may contain general inconspicuous age, maturity or other similar
representation, e.g., "aged in wood," "mellowed in fine oak
casks";
(3) the word "pure" except as part of
the bona fide name of a permittee; or
(4) the terms "double distilled,"
"triple distilled" or any other similar term.
Editor's Note: James L. Conner, II,
Administrative Law Judge with the Office of Administrative Hearings, declared
Rule 4 NCAC 2S .1005(a)(3) void as applied in Daniel W. Shelton t/a Shelton
Broers v. N.C. Alcoholic Beverage Control Commission (99 ABC 1641).
History Note: Authority G.S. 18B‑105(b);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .1005 Eff.
August 1, 2015.
14b NCAC 15b .1004 GENERAL PROHIBITIONS
(a) For the purposes of this Rule, the following
definitions shall apply:
(1) "Coupon" means a part of a retail
permittee's advertisement that is redeemed by a purchaser to the retail
permittee to obtain a discount at the time of sale;
(2) "Loyalty card, discount card, or
membership card" means a card that is issued by a retail permittee to
customers that, upon presentation to the retail permittee, provides for the
purchaser to receive a loyalty card, discount card, membership card, or coupon
discount on a portion of the amount paid by the purchaser for off-premises beer
or wine consumption sales at the time of sale; and
(3) "Rebate" for a retail permitee,
means a promise by the retail permittee to return a portion of the amount paid
by the purchaser upon the condition the purchaser completes a rebate form and
the purchaser meets the terms and conditions of the rebate form's requirements.
(b) Advertising for an alcoholic beverage shall not include
a coupon or an offer for a free alcoholic beverage. No person shall advertise
by means of a coupon, a rebate or a permittee's loyalty card, discount card or
membership card offering a discount off the purchase of a malt beverage or
wine, except as provided in this section. A combination of the use of a
coupon, a rebate or a permittee's loyalty card, discount card or membership
card shall not exceed a total of 25 percent of the advertised retail price of
the item. Permittees may advertise by means of a coupon, a rebate or a
permittee's loyalty card, discount card or membership card under the following
conditions:
(1) A permittee who holds an on-premises or
off-premises malt beverage or wine permit under G.S. 18B-1001(1) through (6) or
a wine shop permit under G.S. 18B-1001(16) may advertise by means of a coupon
or a rebate in the following circumstances:
(A) The permittee may provide a coupon or a rebate for
use by a customer when purchasing a malt beverage or wine sold at the permittee's
retail location for off-premises consumption;
(B) The permittee may require a customer to use the
permittee's loyalty card, discount card or membership card with the use of a
coupon or rebate when purchasing a malt beverage or wine sold at the permittee's
retail location for off-premises consumption;
(C) No coupons or rebates shall be honored for the
purchase of alcohol for any individual below the legal age for purchase of
alcohol;
(D) A coupon or rebate shall not provide a discount
exceeding 25 percent of the advertised retail price of the item;
(E) A permittee shall not advertise or distribute
coupons or rebates in a publication produced for or by a higher education
institution; and
(F) In any advertisement displaying a discount coupon
or rebate, the permittee shall include the following statement on or about the
discount coupon or rebate in a similar font to the discount coupon or rebate, "Drink
Responsibly – Be 21;" and
(2) A permittee who holds an on-premises or
off-premises malt beverage or wine permit under G.S. 18B-1001(1) through (6) or
a wine shop permit under G.S. 18B-1001(16) may advertise discounts, coupons and
rebates with the requirement of the use of the permittee's loyalty card,
discount card or membership card in the following circumstances;
(A) The permittee shall require customers to present a
loyalty card, discount card or membership card to receive the advertised
loyalty card, discount card or membership card discount when purchasing a malt
beverage or wine sold at the permittee's retail location for off-premises
consumption;
(B) No loyalty card, discount card or membership card
shall be honored for the purchase of alcohol for any individual below the legal
age for purchase of alcohol;
(C) A loyalty card, discount card or membership card
shall not provide a discount exceeding 25 percent of the advertised retail
price of the item;
(D) A permittee shall not advertise permittee loyalty
card, discount card or membership card discounts in a publication produced for
or by a higher education institution; and
(E) In any advertisement displaying a permittee loyalty
card, discount card or membership card discount, the permittee shall include
the following statement on or about the discount coupon or rebate in a similar
font to the discount, "Drink Responsibly – Be 21."
Direct or indirect cooperation shall not occur between a
retailer and an industry member in either marketing, redemption or funding of
coupons, rebates or loyalty card, discount card or membership card discounts
under this Rule. Participation of an industry member in the use of coupons,
rebates or loyalty card, discount card or membership card discounts is a
violation of G.S. 18B-1116(a)(3).
(c) No industry member or retailer shall advertise
alcoholic beverages in any programs for events or activities in connection with
any elementary or secondary schools; nor shall any alcoholic beverages
advertising be connected with these events when broadcast over radio or
television.
(d) No industry member or retailer is permitted to
advertise alcoholic beverages by use of sound trucks.
(e) No industry member or retailer shall advertise
spirituous liquor upon the picture screen of any theater.
(f) Except as otherwise provided in these Rules, no
industry member or retailer shall promote an alcoholic beverage product by
giving prizes, premiums or merchandise to individuals for which any purchase of
alcoholic beverages is required or based on the return of empty containers
unless all containers of like products are accepted and considered on an equal
basis with the product sold by the promoter.
(g) No on‑premise permittee or his agent shall
advertise any drink promotion prohibited by 14B NCAC 15B .0223. This Paragraph
includes a ban on all advertisements of "2 for 1," "buy 1 get 1
free," "buy 1 get another for a_______(nickel, penny, etc.),"
and any other similar statement indicating that a patron must buy more than one
drink.
History Note: Authority G.S. 18B-100; 18B‑105(b);
18B-1116(a)(3);
Eff. January 1, 1982;
Amended Eff. January 1, 2011; July 1, 1992; August 1,
1985; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .1006 Eff.
August 1, 2015.
14B NCAC 15B .1005 COOPERATIVE ADVERTISING PROHIBITED
Except for point‑of‑sale advertising furnished
to a retailer by an industry member, a retailer and an industry member shall
not directly or indirectly cooperate in a joint effort to advertise alcoholic
beverages, the retailer's business, or any promotion or other event unless
prior written approval has been obtained from the Commission under 14B NCAC 15C
.0715 of this Chapter. This Rule shall not be construed to prohibit the use by
a retailer of items and services that may be lawfully sold or provided by an
industry member as described in 14B NCAC 15C .0700 of this Chapter.
History Note: Authority G.S. 18B‑105(b);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .1007 Eff.
August 1, 2015.
14B NCAC 15B .1006 ADVERTISING OF MALT BEVERAGES, WINE AND
MIXED BEVERAGES BY RETAILERS
(a) Interior Advertising.
(1) Point-of-Sale. Retail malt beverage, wine and
mixed beverage permittees may utilize any amount of point-of-sale advertising
for malt beverage, wine and mixed beverage products offered for sale in the establishment.
This advertising may be supplied by the industry member unless it constitutes
a fixture or has value other than as advertising material; except that an
industry member may give a retailer brand-identified items listed in 14B NCAC
15C .0711(c) for use as point-of-sale advertising;
(2) Price Boards. Retail malt beverage, wine and
mixed beverage permittees may display inside price boards showing the brand
names and prices of malt beverage, wine and mixed beverage products offered for
sale in the establishment;
(3) Menus and Beverage Lists. Retail on-premise
malt beverage, wine and mixed beverage permittees may place on the menu and
beverage lists the brand names and prices of malt beverage, wine and mixed
beverage products offered for sale in the establishment. Beverage lists may be
supplied by an industry member and may include up to six items from the
retailer's food menu but shall not include the name, logo or other identifier
of the retail permittee on the advertisement. A table tent is considered a
beverage list for purposes of this Rule;
(4) Retailer Advertising Specialty Items. Retailer
advertising specialty items are items such as trays, coasters, mats, meal
checks, paper napkins, glassware, cups, foam scrapers, back bar mats,
thermometers and other similar items that bear advertising matter. Advertising
specialty items may be provided to a retailer by an industry member as provided
in 14B NCAC 15C .0711(b)(8);
(5) Window Displays. Retail malt beverage, wine
and mixed beverage permittees may arrange unopened malt beverage, wine or
spirituous liquor products in a window display;
(6) Location. No point-of-sale advertising,
advertising specialty item or price board shall be displayed in a manner
designed or intended to advertise malt beverages, wine or mixed beverages on
the outside of the establishment;
(7) T-shirts. A retailer's employees shall not
wear alcoholic beverage brand identified t-shirts while working on the retailer's
licensed premises; and
(8) Removal of Signs. A permittee shall remove
any sign, display or advertisement in or about his licensed premises if the
Commission finds it is contrary to public interest and orders its removal.
(b) Exterior Advertising.
(1) Outside signs on the premises.
(A) Malt Beverages. Retail malt beverage permittees may
display the term "beer", "cold beer", "draught beer",
"specialty beer", "craft beer", "North Carolina beer",
"local beer" or "imported beer" on a single, non-mechanical
outside sign. This sign may be neon illuminated. The letters and figures on
the sign shall not be more than 5 inches in height and 2 inches apart and the
sign shall be attached to the building on the licensed premises. Retail malt
beverage permittees may also display the term "beer", "cold beer",
"draught beer", "specialty beer", "craft beer", "North
Carolina beer", "local beer" or "imported beer" or a similar
term on a single, portable, non-mechanical sidewalk sign that is no larger than
25 inches by 45 inches on each of its two sides. The sidewalk sign shall be
displayed only during the hours of operation;
(B) Wine. Retail wine permittees may display the term "wine
permit-off premise", "wine permit-on premise", "fine wine"
or a similar term on a single non-mechanical outside sign. This sign may be
neon illuminated. The letters and figures on the sign shall not be more than 5
inches in height and 2 inches apart and the sign shall be attached to the
building on the licensed premises. Instead of the sign described in this Paragraph,
retail wine permittees engaged in off-premise sales of wine may display the
term "Wine Shop", "Wine and Cheese" or a similar term on a
single non-mechanical sign. This sign may be neon illuminated. The letters
and figures on the sign shall not be more than 18 inches in height and the sign
shall be attached to the building on the licensed premises. Retail wine
permittees may also display the term "wine permit-off premise",
"wine permit-on premise", "fine wine" or a similar term on
a single, portable, non-mechanical sidewalk sign that is no larger than 25
inches by 45 inches on each of its two sides. Instead of the sidewalk sign
described in this Paragraph, retail wine permittees engaged in off-premise
sales of wine may display the term "Wine Shop", "Wine and
Cheese", "fine wine" or a similar term on a single, portable,
non-mechanical sidewalk sign that is no larger than 25 inches by 45 inches on
each of its two sides. A sidewalk sign shall be displayed only during the
hours of operation;
(C) Restriction. Retail malt beverage, wine and mixed beverage
permittees shall not allow price advertising or additional signs advertising
malt beverages, wine and mixed beverages on the outside of their premises.
Outside signs alluding to malt beverages, wine or mixed beverages by slang
descriptions such as "brew," "suds," "six-pack,"
"vino" or "booze" are prohibited;
(D) Exceptions; Menus; Trade Names. The placement of a
food menu that also contains a list of alcoholic beverages by brand and price in
a window, on the exterior of the retailer's building or on a sidewalk sign that
is no larger than 25 inches by 45 inches on each of its two sides is not a
violation of this Rule. A sidewalk sign shall be displayed only during the
hours of operation;
(E) Mixed Beverages. Retail mixed beverage permittees
may display the term "mixed beverages," "all ABC permits,"
"mixed drinks," "cocktails," or "spirits," on a
single non-mechanical, non-neon, or otherwise self-illuminated outside sign.
The letters and figures on the sign shall not be more than five inches in height
and two inches apart and the sign shall be attached to the building on the
licensed premises; and
(F) Private Club. A private club shall not display any
exterior sign advertising the availability of malt beverages, wine or mixed
beverages;
(2) Billboards. Retail permittees shall not
advertise malt beverage, wine or mixed beverage products or the availability of
alcoholic beverages by means of a billboard or outdoor sign except as provided
in this Section. Industry members with retail permits may advertise tastings;
(3) Aerial Displays. Retail permittees shall
not advertise malt beverage, wine or mixed beverage products or the
availability of alcoholic beverages by means of an aerial display or an
inflatable item that is tethered; and
(4) Only exterior advertising permitted by
local ordinances is authorized.
(c) Removal of Signs. A permittee shall remove any sign,
display, or advertisement in or about his licensed premises if the Commission
finds it is contrary to public interest and orders its removal.
(d) Media Advertising. A retail malt beverage, wine or
mixed beverage permittee may advertise price and brand of malt beverage, wine and
mixed beverage products offered for sale by means of circular, newspaper,
magazine, radio, television and internet.
History Note: Authority G.S. 18B-100; 18B-105;
18B-1116(b);
Eff. January 1, 1982;
Amended Eff. March 1, 2012; January 1, 2011; July 1,
1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .1008 Eff.
August 1, 2015.
14B NCAC 15B .1007 ADVERTISING OF MALT BEVERAGES AND WINE
BY INDUSTRY MEMBERS
(a) Billboards; Media. Industry members may advertise malt
beverages or wine on outdoor billboards, by radio, television, newspaper or
magazine, and by other similar means. Outdoor billboards or signs shall not be
displayed on the premises of any retail permittee's establishment nor in areas
where sale of that product is unlawful.
(b) Aerial Display. Malt beverages and wine may be
advertised by industry members by means of aerial displays or tethered
inflatables, including banner‑towing, hot air balloons and parachutes,
if:
(1) One or more photographs or drawings of the
displays have been submitted to the Commission and the permittee has received
prior written approval;
(2) The advertising on the aerial display is in
conformity with all other rules in this Section; and
(3) No aerial display or inflatable is placed
on or over the premises of a retail permittee's establishment.
(c) Delivery Trucks and Uniforms. Trucks owned by or
leased exclusively to an industry member may be used for advertising purposes
limited to the name or trade name of the permittee, and the brand names,
slogans, house marks or trademarks of the alcoholic beverages manufactured or
sold by the permittee. Wholesale permittees may display on the uniforms of
their employees the names of their company and the brand names of the products
handled by them.
(d) Other Signs. Industry members may maintain any signs
required by the laws of the United States to be displayed on their premises as
well as signs on the premises indicating the brand names of malt beverages and
wine sold by them, including the word "beer," or words describing
other malt beverages and wine.
(e) Price. Industry members shall not advertise the price
of malt beverages or wine. A wholesaler may give a wholesale price list that
contains the brand names and prices of his products to retail permittees.
(f) College Campuses. All print advertising, including
posters, flyers, display ads, or point‑of‑sale materials that are
published primarily for distribution to college students or for dissemination
on college campuses shall first be submitted to the Commission for approval
prior to any publication or distribution. Industry members are encouraged to
submit such advertising at least two months prior to distribution deadlines in
order to allow adequate review by the Commission.
History Note: Authority G.S. 18B‑105;
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .1009 Eff.
August 1, 2015.
14B NCAC 15B .1008 ADVERTISING OF SPIRITUOUS LIQUORS
(a) ABC Stores. An ABC store may have one or more outside
signs located on the premises for the purpose of identifying the outlet if the
sign is not prohibited by local ordinance and it has been approved by the
Commission. During the approval process the Commission shall consider the
following factors:
(1) the proximity of the ABC store to schools
and churches;
(2) the number and size of the signs requested;
(3) the text and graphics on the sign;
(4) the materials that make up the sign; and
(5) the public concern in matters of the
public's welfare.
(b) Aerial Displays. No distiller, importer, or rectifier
of spirituous liquor, or representative thereof, nor any retail permittee,
shall advertise by means of an aerial display or inflatable the brand name or
availability of spirituous liquor.
(c) Billboards; Media. Industry members may advertise
spirituous liquor on outdoor billboards, by radio, television, newspaper,
magazine or internet, and by other similar means. Outdoor billboards or signs
shall not be displayed on the premises of any retail permittee's establishment
nor in areas where sale of that product is unlawful.
(d) Point-of-Sale. Point-of-sale and advertising
specialties for spirituous liquor may be used in ABC stores. Advertising used
in ABC stores shall conform to the provisions of Rule .1005 of this Section,
and in addition shall not:
(1) incorporate the use of any present or
former athlete or athletic team; or
(2) refer to the availability of or offer any
alcoholic beverages by mail.
All point-of-sale advertising material, advertising
specialties, and recipes, booklets or brochures intended for use and display in
ABC stores shall first be submitted to the Commission prior to their display in
an ABC store.
(e) Local ABC Boards. Local ABC boards may advertise on
their web site or social networking page the following information:
(1) general information such as the history of
the ABC board, locations, hours of operation, contact information, employment
opportunities, alcohol enforcement, alcohol education, underage drinking
education and other local government information; and
(2) liquor products and prices, as long as:
(A) no logos are shown;
(B) when a product is listed, all products that are
offered are listed;
(C) when a product's regular price is listed, all
products' regular prices offered by the board are listed; and
(D) when a special price is listed for a product, all
products with special prices offered by the board are listed.
(f) Local boards may join local chambers of commerce or
visitor's bureaus and may provide them general board information which includes
store locations and hours to be distributed through the chambers of commerces'
or visitor's bureaus' media information.
History Note: Authority G.S. 18B-100; 18B-105; 18B-207;
18B-801;
Eff. January 1, 1982;
Amended Eff. November 1, 2012; November 1, 2011; January
1, 2011; July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .1011 Eff.
August 1, 2015.
14B NCAC 15B .1009 NOVELTIES UTILIZING TRADEMARKS/NAMES:
OTHER MATERIALS
Industry members may use or allow to be used their
trademark, trade name or other similar advertising materials in the
manufacturing of novelty items such as ice chests, beach towels, umbrellas, and
other similar items provided that any advertising material other than trade
name or trademark shall receive approval by the Commission prior to
distribution in North Carolina. Novelties may be sold to a retailer by an
industry member as provided in 14B NCAC 15C .0711(a)(1) of this Chapter.
History Note: Authority G.S. 18B‑105(b);
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .1012 Eff.
August 1, 2015.
14B NCAC 15B .1010 BOTTLE NECK HANGERS
Bottle neck hangers that are in conformity with Rule .1003
of this Section may be used.
History Note: Authority G.S. 18B‑105(b);
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .1013 Eff.
August 1, 2015.
14B NCAC 15B .1011 RECIPES AND BOOKLETS
Recipes, booklets and brochures for cooking with alcoholic
beverages and information with reference to the use of those products with
certain foods are permitted and may specify the brand and the name of the bottler,
manufacturer or importer. Malt beverage and wine industry members may give
recipes, booklets and brochures for cooking with those products to retailers.
Recipes, booklets and brochures for cooking with spirituous liquor shall be
submitted to the Commission with point‑of‑sale materials as
required in Rule .1008(e) of this Section.
History Note: Authority G.S. 18B‑105(b);
Eff. January 1, 1982;
Amended Eff. July 1, 1992;
Transferred and Recodified from 04 NCAC 02S .1014 Eff.
August 1, 2015.
14B NCAC 15B .1012 REVOCATION OR SUSPENSION OF PERMITS
(a) The permit of any manufacturer or wholesaler
distributor that violates any of the provisions of this Section may be
suspended or revoked in the discretion of the Commission.
(b) The suspension or revocation of the permit of any
wholesaler for a violation of these Rules shall raise a rebuttable presumption
that the unlawful activity by the wholesaler was done with the knowledge and
consent of the manufacturer.
(c) Upon a finding that the manufacturer had knowledge of
the wholesaler's violation of any of these Rules and that the manufacturer
failed to take appropriate disciplinary action the permit of the manufacturer
to do business in North Carolina may be suspended or revoked in the discretion
of the Commission or any codes listed by the Commission may be put on embargo
by the Commission for a specific period of time.
History Note: Authority G.S. 18B‑104; 18B‑105(a);
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .1015 Eff.
August 1, 2015.
14B NCAC 15B .1013 REFUND OFFERS
(a) General. Refund offers may be used to advertise
spirituous liquor.
(b) Conditions. A refund offer is an offer to a consumer
for a rebate of money or merchandise from a liquor industry member, obtained by
mailing a form. A refund offer is allowed under the following conditions:
(1) A refund may be offered only by a
manufacturer, importer, distiller, rectifier or bottler of spirituous liquor.
(2) A refund may be offered only to purchasers
of the manufacturer's original unopened container of liquor that is purchased
from a local ABC store.
(3) A refund may be offered only when the
redemption form is a part of or attached to the package or container, or when
the forms are available on tear‑off pads displayed in the store. Any
offer that is a part of or attached to the package or container shall be placed
there by the industry member who offers the refund.
(4) A refund offer shall apply throughout the
state.
(5) A refund offer shall include an expiration
date.
(6) A refund offer shall include a statement
explaining the redemption procedure including the expiration date and length of
time before the refund is sent to the purchaser. Refund offers shall be
redeemed by mailing the redemption form to the industry member who offers the
refund or its designated redemption agent. Such an agent shall not be a retail
or wholesale permittee in the state.
(7) An industry member shall notify the
commission at least 10 days before it offers a refund on liquor. The notice
shall state the proposed amount of the refund, its expiration date, to whom
redemption forms must be mailed and the name, address and phone number of the
redemption agent. The notice shall also include a sample of the redemption
form.
(8) An ABC board member or employee shall not
receive refunds on offers obtained from liquor packages or containers before
sale at retail.
(c) Commercial Bribery; Cooperative Advertising. No local
ABC board member, board employee, retailer or retailer employee shall accept
and no industry member shall pay any fee for the display or use of refund
offers. The name of a retail business or retail permittee shall not appear on
any refund offer.
(d) Advertising Refund Offers. Refund offers may be
advertised by newspapers, magazines or direct mail but no redemption form may
appear in such advertisement. No refund offer for liquor may be advertised on
the premises of any retail permittee.
History Note: Authority G.S. 18B‑105(b);
Eff. June 1, 1987;
Amended Eff. July 1, 1992;
Transferred and Recodified from 04 NCAC 02S .1020 Eff.
August 1, 2015.
SECTION .1100 ‑ EFFECT OF ADMINISTRATIVE ACTION: FINES:
OFFERS IN COMPROMISE
14B NCAC 15B .1101 PROHIBITED ACTIVITY DURING PERIOD OF
SUSPENSION
(a) The selling, dispensing or consuming of alcoholic
beverage products on the licensed premises of any retail outlet is prohibited
while the permit authorizing that activity is under suspension, and no
alcoholic beverages shall be removed from the premises during the suspension
period.
(b) During a period of suspension of a permittee's permit,
he continues to be a permittee and shall comply with all ABC laws, including
conditions of his permit, during the suspension period. Suspension of permits
does not operate to relieve any permittee of the continuing requirements for
qualification for a permit.
(c) The suspension of any permit authorizing the sale of
alcoholic beverages also suspends the permittee's authorization to purchase or
accept deliveries of those alcoholic beverages from a wholesaler or local ABC
board for the entire length of the active suspension period.
(d) Suspensions shall begin at 7:00 a.m. on the effective
date ordered by the Commission in the Order of Suspension or Order of
Compromise.
History Note: Authority G.S. 18B‑104; 18B‑207;
18B‑1004(a); 18B‑1008;
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .1101 Eff.
August 1, 2015.
14B NCAC 15B .1102 PROHIBITED ACTIVITY DURING SUSPENSION: BROWNBAGGING
The suspension of a Brownbagging Permit suspends the
permittee's privilege to allow patrons or members to possess, store, and
consume fortified wine or spirituous liquor upon the premises during the period
of suspension.
History Note: Authority G.S. 18B‑104; 18B‑207;
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .1102 Eff.
August 1, 2015.
14B NCAC 15B .1103 MEMBERSHIP REQUIREMENTS STILL APPLICABLE
Suspension of a private club permit does not operate to
relieve the permittee of the continuing requirements for qualification for a
private club permit, including requirements regarding membership and operation
as a private facility.
History Note: Authority G.S. 18B‑207; 18B‑1008;
Eff. January 1, 1982;
Amended Eff. July 1, 1992; May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .1103 Eff.
August 1, 2015.
14B NCAC 15B .1104 ADMINISTRATIVE FINES: PAYMENT
Pursuant to G.S. 18B‑104, the Commission may fine a
permittee whenever the ABC law authorizes suspension or revocation of his
permit.
When the Commission orders a permittee to pay a fine as part
of a penalty, payment shall be received in Commission offices in Raleigh no
later than 15 days following the meeting at which the Commission orders the
fine. The Commission shall include, as part of the order, what penalty will be
imposed if the fine has not been received by the Commission by the prescribed
deadline. Payment shall be by certified check, cashier's check, or money order
made payable to the North Carolina ABC Commission.
History Note: Authority G.S. 18B‑104; 18B‑207;
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .1104 Eff.
August 1, 2015.
14B NCAC 15B .1105 OFFER IN COMPROMISE
When the Commission accepts from a permittee an offer in
compromise as settlement or partial settlement in a contested case, the
monetary payment accepted in the offer shall be paid on or before the date set
by the Commission or a hearing officer and shall be paid by means of a
certified check, cashier's check or money order made payable to the North
Carolina ABC Commission.
History Note: Authority G.S. 18B‑104; 18B‑207;
Eff. January 1, 1982;
Amended Eff. May 1, 1984;
Transferred and Recodified from 04 NCAC 02S .1106 Eff.
August 1, 2015.
