North Carolina Administrative Code

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 l…

SECTION .0500 - ADDITIONAL REQUIREMENTS FOR MIXED BEVERAGES PERMITTEES 14b NCAC 15b .0501 PURCHASE TRANSPORTATION PERMIT/ INVOICE FORM (a) A mixed beverages permittee, or a mixed beverages permittee's designated employee or independent contractor, shall obtain a Purchase-Transpor…

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 …

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. Hist…

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…

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: Autho…

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…

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 ma…

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…

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) transf…

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…

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 premis…

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 co…

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 spiri…

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 a…

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) amou…

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 n…

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 th…

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 g…

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 in…

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…

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 hote…

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…

14B NCAC 15B .0523 antique spirituous liquor regulated For the purposes of this Subchapter, antique spirituous liquor shall be regulated and treated the same as spirituous liquor for mixed beverages permittees. History Note: Authority G.S. 18B-101; 18B-207; 18B-1001; Eff. January…

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 per…

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 t…

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 b…

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 loca…

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 store…

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), a…

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 esta…

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…

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 …

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 co…

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 spir…

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 w…

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-100; …

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 appropriat…

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) …

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 indu…

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 t…

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 trad…

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,…

14B NCAC 15B .1003 PROHIBITED STATEMENTS IN ADVERTISING OR ON LABELS (a) General Restrictions. An advertisement or product label on any alcoholic product sold or distributed in this State shall not contain any statement, design, device, or representation that: (1) is contrary to …

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) …

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'…

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 be…

14B NCAC 15B .1007 ADVERTISING OF alcoholic beverages BY INDUSTRY MEMBERS (a) Billboards; Media. Industry members may advertise alcoholic beverages on outdoor billboards, by radio, television, newspaper, magazine, the internet, and social media. Industry members shall not display…

14B NCAC 15B .1008 ADVERTISING OF SPIRITUOUS LIQUORS by abc boards (a) ABC Stores. An ABC store may have one or more exterior signs on the store's property, as stated on the store's lease or deed, to identify the store's presence if the sign is not prohibited by local ordinance a…

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 si…