North Carolina Administrative Code

section .2300 – Homemade wine and malt beverage events 14B NCAC 15A .2301 DEFINITIONS As used in this Section: (1) "Competition" means, as the term is used in G.S. 18B-306, a gathering or activity organized by homemakers at which homemade product is entered to be judged, that is …

14b NCAC 15A .2302 COMPETITIONS (a) Consumption of homemade products at a competition, other than at a private residence, shall be limited to judges and stewards of the competition, as defined by a national or international beer or wine judging program, who are identified in adva…

14B NCAC 15A .2303 eXHIBITIONS (a) An exhibition may be open to the general public. (b) An exhibition shall not be held at a private residence. History Note: Authority G.S. 18B-100; 18B-207; 18B-306; Eff. January 1, 2019.

14B NCAC 15A .2304 ORGANIZED AFFAIRS (a) Homemade product may be consumed at organized affairs provided that, if the affair is a contest, it is not sanctioned by a national or international beer or wine judging program and no fee is charged to attend or participate, except for fe…

14B NCAC 15A .2305 home product production education meeting A home product production education meeting shall be an organized affair of a state, regional, national, or international homemade beer or wine organization that requires payment of dues for membership, that includes pr…

14B NCAC 15A .2306 POSSESSION, CONSUMPTION, TRANSPORTATION, and disposition of homemade product (a) Possession and consumption of homemade product shall be limited to persons who are 21 years of age or older. Homemade product shall not be offered, given to, or consumed by the gen…

14B NCAC 15A .2307 allowable fees (a) No admission fee shall be charged to persons consuming homemade product. (b) A fee required to enter into the site of a competition may be charged for a competition, except that no fees shall be charged for a competition occurring at a privat…

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 Ge…

14B NCAC 15B .0102 APPLICATIONS FOR PERMITS: GENERAL PROVISIONS (a) Application forms for all ABC permits may be obtained from the North Carolina Alcoholic Beverage Control Commission's office or website as set forth in 14B NCAC 15A .0102. (b) An applicant operating noncontiguous…

14B NCAC 15B .0103 Additional permit limitations and Requirements (a) No permit for the possession, sale, or consumption of alcoholic beverages shall be issued to any establishment when there are living quarters in or connected to the premises being permitted, and no permittee sh…

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…

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 Mal…

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 approvin…

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…

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 de…

14B NCAC 15B .0109 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). Hist…

14B NCAC 15B .0113 alcohol seller/server training (a) All applicants applying for retail ABC permits shall submit as part of the application proof of responsible alcohol seller/server training prior to obtaining an ABC permit. (b) The Commission shall accept documentation provide…

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 li…

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 al…

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 license…

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-100; 18B-207; 18B-305; Eff. January 1, 1982; Amended Eff. May 1, 1984; Transferred and …

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…

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 Chapt…

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-100; 18B-207; 18B-100…

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 w…

14B NCAC 15B .0209 CONSUMPTION: INTOXICATION BY PERMITTEE PROHIBITED (a) No permittee or permittee's employees shall be on licensed premises permitted under G.S. 18B-1001, 18B-1002, 18B-1114.1 or 18B-1114.5 after consuming alcoholic beverages except under the following conditions…

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-100; 18B-207; 18B-502; Eff…

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…

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 obs…

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 beve…

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 …

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 …

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 approp…

14B NCAC 15B .0217 FILL OR REFILL ORIGINAL CONTAINERS No permittee 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, except a bottler, manufacturer, or permittee authorized pursuant to G.S…

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 p…

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-100; 18B-206; 18B-207; Eff. January 1, 198…

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 con…

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 contai…

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 …

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 on…

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 du…

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 perm…

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 Brownbaggi…

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 approv…

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 purcha…

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 Rule…

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 li…

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…

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 posse…

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.…