North Carolina Administrative Code

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-100; 18B-105(b); 18B-207; Eff. January 1, 1982; Amended Eff. May 1, 1984; Transferred and Recodified from 04 NCAC 02S .1…

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 importe…

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 …

14B NCAC 15B .1013 REFUND OFFERS (a) General. Refund offers may be used to advertise spirituous liquor. Refund offers may be advertised by newspaper, magazine, direct mail, the Internet, or other electronic means. (b) Conditions. A refund offer is an offer to a purchaser for a re…

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 whil…

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 …

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 pri…

14B NCAC 15B .1104 ADMINISTRATIVE FINES: PAYMENT When the Commission orders a permittee to pay a fine as part of a penalty, payment shall be received in the Commission offices in Raleigh no later than 21 days following the meeting at which the Commission orders the fine. The Comm…

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 of…

SUBCHAPTER 15C - INDUSTRY MEMBERS: RETAIL/INDUSTRY MEMBER RELATIONSHIPS: SHIP CHANDLERS: AIR CARRIERS: FUEL ALCOHOL SECTION .0100 - DEFINITIONS: APPLICATION PROCEDURES 14B NCAC 15C .0101 DEFINITIONS History Note: Authority G.S. 18B-100; 18B-101; 18B-207; 18B-1112; 18B-1113; 18B-1…

14B NCAC 15C .0102 APPLICATION PROCEDURES (a) Who Files. A winery, brewery, distillery, wholesaler, importer, bottler, vendor, distillery representative, brokerage representative, salesman, supplier representative, or vendor representative shall file written application for a per…

14B ncac 15c .0103 BEER FRANCHISE LAW; "BRAND" DEFINED For purposes of Article 13 of Chapter 18B of the General Statutes, the Beer Franchise Law, a distribution agreement between a supplier and wholesaler applies to all products distributed by the supplier under the same brand na…

14B NCAC 15C .0104 WINE PRODUCT BRAND (a) The Commission shall determine a product brand at the time the product is approved for sale in North Carolina. Later changes in the manufacturer's advertising strategy or labeling shall not affect the brand. Different packaging, style, ty…

SECTION .0200 - PRODUCT APPROVALS: LISTING PROCEDURES: PRODUCT LISTS 14B NCAC 15C .0201 MALT BEVERAGE PRODUCT APPROVAL: LISTING IN STATE (a) The Commission shall approve malt beverage products prior to the products being offered for sale in this State. The Commission shall provid…

14B NCAC 15C .0202 WINE APPROVALS; LISTING IN STATE (a) Except as provided in 14B NCAC 15B .0216 for special orders, the Commission shall approve wine products prior to the wine products being offered for sale in the State. The Commission shall provide blank Application for Wine …

14b NCAC 15c .0203 SPIRITUOUS LIQUOR PRODUCT APPROVALS (a) Spirituous liquor suppliers shall receive approval from the Commission prior to selling spirituous liquor products in this state. (b) The distillery, rectifier, bottler, or importer shall submit items to the Commission fo…

14B NCAC 15C .0204 SPIRITUOUS LIQUOR PRODUCT LISTS History Note: Authority G.S. 18B-100; 18B-207; Eff. January 1, 1982; Amended Eff. May 1, 1984; Transferred and Recodified from 04 NCAC 02T .0204 Eff. August 1, 2015; Pursuant to G.S. 150B-21.3A, rule is necessary without substant…

14B NCAC 15C .0205 SAMPLES REQUIRED ON REQUEST Upon demand of the Commission, an industry member shall furnish samples at no cost to the Commission of alcoholic beverage products manufactured, sold, or offered for sale in this State, for the purpose of analysis. History Note: Aut…

14B NCAC 15C .0206 NEW FILING REQUIRED UPON TRANSFER OF BRAND When a malt beverage or wine brand is transferred from one nonresident vendor, manufacturer or importer to another, the new vendor, manufacturer or importer shall, within 30 days of the acquisition of the brand or prod…

SECTION .0300 - PACKAGING AND LABELING OF MALT BEVERAGES AND WINE 14B NCAC 15C .0301 PACKAGING REQUIREMENTS No industry member shall sell, offer for sale, or possess for the purposes of sale in this State wine or malt beverages unless: (1) The alcoholic beverage product is packag…

14B NCAC 15C .0302 LABELS TO BE SUBMITTED TO COMMISSION (a) Industry members shall submit labels for malt beverage and wine products to the Commission on an application for label and products form as required by Rule .0201 or .0202 of this Subchapter. (b) Each label approval appl…

14b NCAC 15c .0303 LABEL CONTENTS: MALT BEVERAGES (a) Breweries that prefill containers with malt beverages shall affix labels that contain the following information in compliance with Subpart D of 27 CFR Part 7: (1) brand name of product; (2) name and address of brewer or bottle…

14B NCAC 15C .0304 LABEL CONTENTS: WINE (a) Wineries that prefill containers with wine shall affix labels that contain the following information in compliance with Subpart D of 27 CFR Part 4; (1) brand name of product; (2) class and type; (3) name and address of manufacturer, or …

14b NCAC 15c .0305 ALL CONTAINERS TO HAVE LABEL Bottles, barrels, casks, kegs, cans, or other closed containers, irrespective of size or composition, that are used for the transportation, importation, or sale of malt beverages or wine shall bear a brand label containing the infor…

14B NCAC 15C .0306 LABEL ALTERATION Permittees and their employees shall not alter, mutilate, destroy, obliterate, remove, or cover a label on wine or malt beverages kept for sale in this State. Permittees may affix an additional label or relabel a container to comply with this S…

14B NCAC 15C .0307 GROWLERS (a) As used in this Section, a "growler" is a rigid glass, ceramic, plastic, aluminum, or stainless steel container, with a secured seal closure or cap, that is no larger than 4 liters (1.0567 gallons) into which a malt beverage or unfortified wine is …

14B NCAC 15C .0308 GROWLERS: CLEANING, SANITIZING, FILLING AND SEALING (a) Except as permitted pursuant to Rules .0307(b) and (c) of this Section, permittee and permittee's employee shall fill and refill growlers only on demand by a consumer. (b) Only a permittee or a permittee's…

SECTION .0400 - STANDARDS OF IDENTITY FOR WINE: CONTAINERS 14B NCAC 15C .0401 APPLICATION OF STANDARDS Wine produced, imported, bottled, or offered for sale in this State shall meet the standards of identity as identified in Subpart C of 27 CFR Part 4, incorporated by reference i…

14B NCAC 15C .0402 PROHIBITED PRACTICES (a) Industry members are prohibited from producing, importing, or selling in this State wine, or a product designated under a wine category, that is imitation, substandard, or fails to conform to the standards of these Rules. (b) Imitation …

14b NCAC 15c .0403 CONTAINERS (a) Unsealed Container Prohibited. Industry members shall not sell wine in an unsealed container, except as authorized by 14B NCAC 15C .0307, a container created for a product other than wine, or in a container whose design or shape would mislead the…

14B NCAC 15C .0404 SEIZURE OF SUBSTANDARD WINE History Note: Authority G.S. 18B-100; 18B-206(a); 18B-207; 18B-503; Eff. January 1, 1982; Amended Eff. May 1, 1984; Transferred and Recodified from 04 NCAC 02T .0411 Eff. August 1, 2015; Pursuant to G.S. 150B-21.3A, rule is necessary…

SECTION .0500 - INDUSTRY MEMBERS: GENERAL PROVISIONS 14B NCAC 15C .0501 INSPECTION OF PREMISES A storage facility, warehouse, or office area where alcoholic beverages are manufactured or stored, or where records of purchases, sales, or deliveries are maintained, are part of the l…

14B NCAC 15C .0502 RECORD KEEPING REQUIREMENTS: SALES TICKETS (a) In addition to records required by the North Carolina Department of Revenue, industry members shall maintain on the licensed premises copies of original sales tickets or receipts relating to sales of alcoholic beve…

14B NCAC 15C .0503 SANITATION Industry members shall maintain the premises and surroundings in a manner to avoid contamination or deterioration of alcoholic beverages the industry member is authorized to produce or possess. History Note: Authority G.S. 18B-100; 18B-206(a); 18B-20…

14b NCAC 15c .0504 OPERATION OF LICENSED PREMISES: EMPLOYEES Industry members: (1) shall not employ a person less than 18 years old in a position requiring a permit; (2) shall not allow intoxicated persons to remain on the licensed premises; (3) shall keep the premises clean and …

14B NCAC 15C .0505 Off-site storage location (a) If a brewery, winery, or distillery has a noncontiguous storage location as authorized pursuant to G.S. 18B-1120, the permittee shall notify the Commission of the authorization before storing the products manufactured by the permit…

SECTION .0600 - SALES AND DELIVERIES OF MALT BEVERAGES AND WINE 14B NCAC 15C .0601 APPROVED BRANDS ONLY Wholesalers shall not sell alcoholic beverages in this State unless approved by the Commission or as provided in 14B NCAC 15B .0216. History Note: Authority G.S. 18B-100; 18B-2…

14B NCAC 15C .0602 SALES AND PURCHASE RESTRICTIONS: RECORDS (a) Suppliers, or their designees, shall deliver malt beverages, unfortified wine, and fortified wine, intended for sale, delivery, or shipment to retail permittees, to the wholesaler assigned to the sales territory wher…

14B NCAC 15C .0603 HOLDING OF CHECKS PROHIBITED A wholesaler shall not delay, at the request of the retailer or for the benefit of the retailer, the deposit of checks issued to the wholesaler by a retailer for alcoholic beverages delivered to the retailer. When a retailer's payme…

14B NCAC 15C .0604 COLLECTION OF AMOUNT OF SALE (a) Wholesalers shall collect the full amount of the sale price in cash or bona fide check at the time of or prior to delivery of alcoholic beverages to a retailer except as provided in this Rule. A wholesaler shall not extend credi…

14B NCAC 15C .0605 PLATFORM SALES Platform sales, when a wholesaler sells malt beverages or wine at the wholesaler's premises to persons holding retail permits, are authorized. History Note: Authority G.S. 18B-100; 18B-207; 18B-1107; 18B-1109; Eff. January 1, 1982; Amended Eff. M…

14b NCAC 15c .0606 DRAFT MALT BEVERAGE SALES: ACCESSORIES: DELIVERIES (a) A wholesaler shall transport draft malt beverages in kegs to the premises of a licensed retailer. The wholesaler shall collect for the sale, and the retailer shall sign the sales ticket and add the name of …

14B NCAC 15C .0607 MALT BEVERAGE AND WINE SHIPMENTS TO MILITARY BASES Only a wholesaler with a permit pursuant to G.S. 18B-1107 or G.S. 18B-1109 shall ship malt beverages or wine directly to a United States military reservation or installation within North Carolina. All malt beve…

14B NCAC 15C .0608 REFUSAL TO SELL; PRICING; SERVICING ACCOUNTS (a) Refusal to Sell to Retailer. A wholesaler of malt beverages or wine may refuse to sell alcoholic beverages to a retailer for legitimate business reasons so long as the decision not to sell is not related to the s…

SECTION .0700 - ALCOHOLIC BEVERAGES: RETAILER/INDUSTRY MEMBER RELATIONSHIP: TRADE PRACTICES 14B NCAC 15C .0701 DEFINITIONS For the purposes of this Section, the following definitions shall apply: (1) "Equipment" shall include draft beer boxes, wine dispensing machines, refrigerat…

14B NCAC 15C .0702 MALT BEVERAGES: ALLOWANCES FOR DAMAGE Malt beverage industry members shall not provide a credit or allowance to a retailer for flat beer or chipped or broken bottles, except when the retailer returns the tops of the bottles with glass attached to the industry m…

14B NCAC 15C .0703 REMOVAL OR DISTURBANCE OF OTHER BRANDS PROHIBITED Wholesalers shall not remove from a retailer's premises bottles, cartons, or kegs bearing brand identification unless the wholesaler is authorized to distribute the brand. Wholesalers shall not remove, rearrange…

14B NCAC 15C .0704 QUANTITY DISCOUNTS PROHIBITED A wholesaler or wholesaler's salesman shall not give a retailer a quantity discount on the price of malt beverages or wine. A quantity discount includes charging a fee for an order of less than a full case when the same fee is not …

14B NCAC 15C .0705 EXCLUSIVE OUTLETS An industry member shall not require, by agreement or otherwise, or by any means, that a retailer purchase alcoholic beverages from the industry member pursuant to the following practices: (1) contractual purchase agreements; (2) threat of los…

14B NCAC 15C .0706 INDUCEMENTS (TIED HOUSE) Industry members shall not: (1) acquire or hold an interest in a license or permit or the premises of a retail permittee; (2) acquire an interest in real or personal property owned, occupied, or used by a retail permittee for the retail…