North Carolina Administrative Code

14B NCAC 15A .0103 DEFINITIONS (a) The following definitions apply in this Chapter: (1) "Administrator" means the principal administrative officer of the Commission. (2) "Alcohol law enforcement agent" or "ALE agent" means an enforcement agent of the Alcohol Law Enforcement Branc…

14B NCAC 15A .0104 Payment of fees and fines (a) Payment of fees and fines owed to the Commission may be paid by certified check, cashier's check, money order, electronic payment, or Discover, Mastercard, or Visa credit cards. However, payments for permit renewals for more than n…

SECTION .0200 - STRUCTURE 14B NCAC 15A .0201 COMMISSION The North Carolina Alcoholic Beverage Control Commission shall be composed of a chairman and two associate members. The chairman shall have the powers and perform the duties prescribed by the Commission including the authori…

14B NCAC 15a .0202 COMMISSION MEETINGS The Commission shall meet in monthly sessions open to the public in order to make final decisions on hearing cases, to adopt, amend or repeal alcoholic beverage control rules, and to consider and act upon any other business pending before th…

14B NCAC 15A .0203 ADMINISTRATIVE FUNCTIONS The principal administrative officer shall be the administrator who executes rules, policies and procedures governing the sale of alcoholic beverages and coordinates the functions of the Commission with local boards and industry. Histor…

14b NCAC 15a .0204 LEGAL FUNCTIONS The Legal Division processes cases involving permittees charged with violations of the ABC laws, and represents the Commission in contested cases before the Office of Administrative Hearings. Legal staff may also serve as hearing officers in cas…

SECTION .0300 - PUBLICATIONS: RECORDS: COPIES 14B NCAC 15A .0301 DISTRIBUTION, INSPECTION AND COPIES OF ABC LAWS (a) Distribution of Rules and Statutes. The Commission shall distribute at no charge one copy of Chapter 18B of the General Statutes and the Commission's Rules to each…

14b NCAC 15a .0302 FEE FOR COMPUTER SERVICES Fees for data processing services shall be determined by the Commission in accordance with G.S. 132-6.2(b) and shall be paid in advance by certified check, cashier's check, money order, or credit card. The requester shall request and r…

SECTION .0400 - RULE-MAKING 14B NCAC 15A .0401 PETITION FOR ADOPTION OF RULES (a) Any person wishing to submit a petition requesting the adoption, amendment, or repeal of a rule by the Commission shall address the petition to the North Carolina Alcoholic Beverage Control Commissi…

14B NCAC 15A .0402 ADMINISTRATIVE ACTION Based on a study of the petition and other supporting material submitted in accordance with Rule .0401(b) of this Section, the Commission shall deny the petition or initiate rule-making proceedings within a reasonable time following submis…

14B NCAC 15A .0403 NOTICE OF RULE-MAKING HEARINGS; MAILING LIST Mailing List. Any person desiring to be placed on the mailing list in accordance with G.S. 150B-21.2(d) for the rule-making notices may file a request in writing, furnishing the person's name, email and mailing addre…

14B NCAC 15A .0404 RULE-MAKING HEARING (a) Location. Unless otherwise stated in a particular rule-making notice, rule-making hearings shall be held in the administrative hearing room of the Commission's principal office. (b) Oral Presentations. Any person desiring to present oral…

SECTION .0500 – declared EMERGENCY 14B NCAC 15A .0501 REVOCATION OR SUSPENSION OF PERMIT The Commission may revoke or suspend the permit of any person who violates any order of the Governor issued pursuant to G.S. 18B-110 when the sale of alcoholic beverages is suspended in any a…

SECTION .0600 - DECLARATORY RULINGS 14B NCAC 15A .0601 ISSUANCE: GROUNDS Upon request of an aggrieved party, except where the Commission for good cause finds issuance of a ruling undesirable, the Commission shall issue a declaratory ruling if the request for such a ruling will: (…

14B NCAC 15A .0602 REQUEST FOR DECLARATORY RULING (a) All requests for a declaratory ruling to contest the validity of a rule adopted by the Commission shall supply the following information: (1) name and address of person aggrieved; (2) statute or rule to which the request relat…

14B NCAC 15A .0603 GROUNDS FOR DENIAL OF RULING ON VALIDITY A request for a declaratory ruling to determine the validity of a rule may be denied unless: (1) It is shown that since the adoption of the rule by the Commission, circumstances have so changed that a declaratory ruling …

14B NCAC 15A .0604 GROUNDS FOR DENIAL: PENDING CONTROVERSY History Note: Authority G.S. 18B-207; 150B-11; 150B-17; Eff. January 1, 1982; Transferred and Recodified from 04 NCAC 02R .0606 Eff. August 1, 2015; Expired Eff. September 1, 2015 pursuant to G.S. 150B-21.3A.

14B NCAC 15A .0605 WITHDRAWAL OF REQUEST FOR DECLARATORY RULING A petitioner may ask for a withdrawal of that person's request for a declaratory ruling by filing a written request with the Commission at any time prior to the issuance of a ruling. Upon this request, the Commission…

14b NCAC 15a .0606 EFFECT OF DECLARATORY RULING A declaratory ruling shall be binding upon the Commission in its dealings with the party requesting the ruling unless the Commission finds a misstatement of material fact or the failure to state a material fact, the omission of whic…

14b NCAC 15a .0607 ALTERATION OF DECLARATORY RULING The Commission, on its own motion, or upon the motion of any interested person, may change or modify a declaratory ruling previously issued by the adoption of a new or different ruling. Such a subsequent ruling shall apply prosp…

14b NCAC 15a .0608 JUDICIAL REVIEW OF DECLARATORY RULINGS For purposes of judicial review, the Commission shall preserve any and all requests for rulings, written comments by interested parties, any manuscripts or summaries of oral proceedings, any matter considered by the Commis…

SECTION .0700 - PERSONNEL POLICIES: COMMISSION 14b NCAC 15a .0701 DISCIPLINARY ACTION OF EMPLOYEE History Note: Authority G.S. 18B-100; 18B-202; 18B-207; Eff. January 1, 1982; Amended Eff. May 1, 1984; RRC Objection due to lack of authority and lack of necessity Eff. May 21, 1992…

SECTION .0800 - ADJUDICATION: CONTESTED CASES 14b NCAC 15a .0801 NOTICE OF Alleged violation If facts reported by a law enforcement officer indicate a violation of the ABC laws, the Commission shall send a notice of alleged violation to the permittee. Service of the notice of all…

14B NCAC 15A .0802 FINAL ADMINISTRATIVE DECISION: HEARING History Note: Authority G.S. 18B-207; 150B-36; Eff. January 1, 1982; Amended Eff. July 1, 1992; September 1, 1988; May 1, 1984; Transferred and Recodified from 04 NCAC 02R .0820 Eff. August 1, 2015; Expired Eff. September …

14B NCAC 15A .0803 ARTICLE 12 HEARINGS; PETITION AND NOTICE (a) Initiation of Hearing. A hearing under Article 12 of Chapter 18B of the General Statutes (Wine Distribution Agreements Act) shall be commenced by the filing of a petition with the Commission. The petition shall state…

14b NCAC 15a .0804 ARTICLE 12 HEARINGS; EVIDENCE The provisions of G.S. 150B-29 relating to evidence shall apply to hearings conducted under Article 12 of Chapter 18B of the General Statutes. History Note: Authority G.S. 18B-100; 18B-207; 18B-1205; Eff. July 1, 1992; Transferred …

14b NCAC 15a .0805 article 12 HEARINGS; FINAL ADMINISTRATIVE DECISION; ORDER (a) Right to Submit Proposed Findings. The parties in a hearing conducted under Article 12 of Chapter 18B of the General Statutes shall have an opportunity to file proposed findings of fact and conclusio…

SECTION .0900 - FISCAL RULES FOR LOCAL BOARDS 14b NCAC 15a .0901 BORROWING MONEY Before a local board borrows money, it shall consider the following factors: (1) the number of stores in a service area; (2) the estimated population in a service area; (3) the location of stores in …

14b NCAC 15A .0902 MAINTENANCE OF WORKING CAPITAL (a) A local board shall set its working capital requirements at not less than two weeks' average gross sales of the latest fiscal year nor greater than: (1) four months average of the latest fiscal year for boards with gross sales…

14B NCAC 15A .0903 DEPOSITS (a) Each local board shall designate as its official depositories one or more banks or trust companies in this State. (b) The amount of funds on deposit in an official depository or deposited at interest shall be secured as provided in the Rules of the…

14B NCAC 15A .0904 INVESTMENTS (a) Each local board shall adopt an investment program suitable to its own needs and situation. The investment program shall be designed so that investments and deposits at interest can be converted into cash when needed. (b) The finance officer sha…

14B NCAC 15A .0905 DAILY DEPOSITS (a) Each officer whose duty it is to collect or receive moneys of the local board shall deposit the collections and receipts daily into an official depository. If the local board gives its approval, deposits shall be required only when the moneys…

14B NCAC 15A .0906 FINANCE OFFICER: DUTIES History Note: Authority G.S. 18B-702(e); Eff. May 1, 1984; Amended Eff. July 1, 1992; Transferred and Recodified from 04 NCAC 02R .0906 Eff. August 1, 2015; Expired Eff. September 1, 2015 pursuant to G.S. 150B-21.3A.

14b NCAC 15a .0907 ANNUAL INDEPENDENT FINANCIAL AUDIT (a) Each local board shall have its accounts audited after the close of each fiscal year by an independent certified public accountant. The auditor shall be selected by and report to the local board. The audit contract shall b…

14B NCAC 15A .0908 ACCOUNTING SYSTEM History Note: Authority G.S. 18B-702(e); Eff. May 1, 1984; Transferred and Recodified from 04 NCAC 02R .0908 Eff. August 1, 2015; Expired Eff. September 1, 2015 pursuant to G.S. 150B-21.3A.

14B NCAC 15A .0909 TRAVEL POLICIES History Note: Authority G.S. 18B-702(e); Eff. July 1, 1992; Transferred and Recodified from 04 NCAC 02R .0909 Eff. August 1, 2015; Expired Eff. September 1, 2015 pursuant to G.S. 150B-21.3A.

SECTION .1000 - LOCAL ABC BOARD: PERSONNEL POLICIES 14B NCAC 15a .1001 USE OF ABC PROPERTY Local board members and employees shall not engage in or allow the conduct of any business other than official business on property controlled by the ABC system, including stores, board fac…

14B NCAC 15A .1002 CONSUMPTION OF ALCOHOLIC BEVERAGES (a) No employee of any local board, while on duty during the hours prescribed by the supervisor, shall consume any alcoholic beverages except when that employee is engaged in undercover activities. (b) No employee of a local b…

14B NCAC 15A .1003 EMPLOYMENT AGE REQUIREMENT A person employed by a local board shall be at least 18 years of age unless waived by the Commission. The Commission shall grant a waiver pursuant to this Rule subject to compliance with the conditions and limitations applicable to pe…

14B NCAC 15A .1004 WAREHOUSE: PRESENCE OF UNAUTHORIZED PERSON PROHIBITED Only personnel employed by a local board may enter a local board's warehouse, except for: (1) truck drivers who need to enter in order to verify the amount of merchandise delivered; (2) members of the Commis…

14B NCAC 15A .1005 EMPLOYMENT: REMOVAL: OF LOCAL BOARD MEMBER OR EMPLOYEE History Note: Authority G.S. 18B-203(a)(8); 18B-207; Eff. January 1, 1982; Amended Eff. May 1, 1984; Transferred and Recodified from 04 NCAC 02R .1006 Eff. August 1, 2015; Expired Eff. September 1, 2015 pur…

14B NCAC 15A .1006 PERSONNEL MANUAL (a) Each local board shall establish rules governing each of the following: (1) Initial employment of employees, including qualifications and requirements for new employees; (2) Compensation and benefits; (3) Hours and days of work, holidays, v…

SECTION .1100 - LOCAL ABC BOARDS: RELATIONSHIP WITH STATE COMMISSION 14b NCAC 15a .1101 COMMON INTEREST It shall be the policy of the Commission to advise and consult with the local boards regarding matters of common interest to the alcoholic beverage control system. History Note…

14b NCAC 15a .1102 LOCAL RULES (a) Submitted to Commission. A copy of all rules or amendments thereto that may be adopted by a local board to govern the operation of ABC stores or the enforcement of the ABC laws shall be submitted to the Commission at least 30 days prior to the d…

14b NCAC 15a .1103 COST OF AUDIT The cost of any audit or examination of records required by the Commission pursuant to G.S. 18B-205 shall be borne by the local board being audited or examined. History Note: Authority G.S. 18B-100; 18B-205; 18B-207; 18B-702(u); 18B-807; Eff. Janu…

SECTION .1200 - OPENING AND DISCONTINUANCE OF STORES 14b NCAC 15a .1201 COMMISSION PROHIBITED FROM ENTERTAINING COMPLAINT The Commission shall not entertain any complaint or petition protesting the action of any local board in discontinuing the operation of any existing ABC store…

14b NCAC 15a .1202 COMMISSION TO CONSIDER OBJECTIONS The Commission will consider objections to the opening of new ABC stores or the continuance of existing stores, but only upon showing that the local board concerned has either considered and overruled or ignored such objections…

14b NCAC 15a .1203 APPROVAL OF NEW STORES (a) Notice to Commission. The opening of any new ABC stores shall not be considered by the Commission unless a 45-day notice is given to the Chairman as to the intended location of the store and until a public notice of the intention to o…

14b NCAC 15a .1204 NEW STORES PROHIBITED IN CERTAIN AREAS History Note: Authority G.S. 18B-100; 18B-207; 18B-801; Eff. January 1, 1982; Transferred and Recodified from 04 NCAC 02R .1204 Eff. August 1, 2015; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public…

SECTION .1300 - STORAGE AND DISTRIBUTION OF SPIRITUOUS LIQUORS: COMMERCIAL TRANSPORTATION 14b NCAC 15a .1301 STORAGE: DELIVERIES: SECURITY (a) Storage. Private warehouse contractors performing the receipt, storage, and distribution functions shall: (1) Allocate space in the State…