North Carolina · statute · N.C. Gen. Stat. ch. 18B · 171 active provisions
Purpose of Chapter. This Chapter is intended to establish a uniform system of control over the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages in North Carolina, and to provide procedures to insure the proper administration of the ABC laws under a uniform system throughou…
Definitions. As used in this Chapter, unless the context requires otherwise: (1) "ABC law" or "ABC laws" means any statute or statutes in this Chapter or in Article 2C of Chapter 105, and the rules issued by the Commission under the authority of this Chapter. (2) "ABC permit" or "permits" means any written or printed a…
Manufacture, sale, etc., forbidden except as expressly authorized. (a) General Prohibition. - It shall be unlawful for any person to manufacture, sell, transport, import, deliver, furnish, purchase, consume, or possess any alcoholic beverages except as authorized by the ABC law. (a1) Powdered Alcohol Prohibition. - It…
Direct shipments from out-of-state prohibited. (a) It is unlawful for any person who is an out-of-state retail or wholesale dealer in the business of selling alcoholic beverages to ship or cause to be shipped any alcoholic beverage directly to any North Carolina resident who does not hold a valid wholesaler's permit un…
Exemptions. All of the following activities shall be permitted: (1) The use of ethyl alcohol for scientific, chemical, pharmaceutical, mechanical, and industrial purposes. (2) The use of ethyl alcohol by persons authorized to obtain it tax free, as provided by federal law. (3) The use of ethyl alcohol in the manufactur…
Administrative penalties. (a) Penalties. - For any violation of the ABC laws, the Commission may take any of the following actions against a permittee: (1) Suspend the permittee's permit for a specified period of time not longer than three years. (2) Revoke the permittee's permit. (3) For all violations not listed in s…
Advertising. (a) General Rule. - No person shall advertise alcoholic beverages in this State except in compliance with the rules of the Commission. (b) Rulemaking Authority. - The Commission shall have the authority to adopt rules to: (1) Prohibit or regulate advertising of alcoholic beverages by permittees in newspape…
Alcoholic beverages for use on oceangoing ships. (a) Delivery Permitted. - Alcoholic beverages for use outside the United States on oceangoing vessels shall be delivered as follows: (1) Spirituous liquor may be imported into this State under United States customs bonds, held in United States customs bonded warehouses,…
Alcoholic beverages for use in air commerce. (a) Purchase and Storage. - The Commission may issue permits authorizing air carriers offering regularly scheduled or chartered flights in foreign, interstate, or intrastate commerce to purchase malt beverages, unfortified wine, and fortified wine from any wholesaler or reta…
Sales on trains. Alcoholic beverages may be sold on railroad trains in this State upon compliance with Article 2C of Chapter 105 of the General Statutes. Malt beverages, unfortified wine, and fortified wine may be sold and delivered by any wholesaler or retailer licensed in this State to an officer or agent of a rail l…
Direct shipment of alcoholic beverages into State. (a) General Prohibition. - Except as provided in G.S. 18B-1001.1, no person shall have any alcoholic beverage mailed or shipped to him from outside this State unless he has the appropriate ABC permit. (b) Armed Forces Installation and Indian Country Lands. - No person…
Emergency. When the Governor finds that an emergency, as that term is defined in G.S. 166A-19.3, exists anywhere in this State, the Governor may (1) Order the closing of all ABC stores; and (2) Order the cessation of all sales, transportation, manufacture, and bottling of alcoholic beverages. The Governor's order shall…
Nontaxpaid alcoholic beverages. No person may possess, transport, or sell nontaxpaid alcoholic beverages except as authorized by the ABC law. (1981 (Reg. Sess., 1982), c. 1262, s. 4.)
Tribal alcoholic beverage control. (a) Application of This Chapter. - The Eastern Band of Cherokee Indians, a federally recognized Indian tribe and sovereign nation, and the Catawba Indian Nation, a federally recognized Indian tribe and sovereign nation, shall be exempt from the provisions of this Chapter, except for t…
Definitions. As used in this Article: (1) "Aggrieved party" means a person who sustains an injury as a consequence of the actions of the underage person, but does not include the underage person or a person who aided or abetted in the sale or furnishing to the underage person. (2) "Injury" includes, but is not limited…
Claim for relief created for sale to underage person. An aggrieved party has a claim for relief for damages against a permittee or local Alcoholic Beverage Control Board if: (1) The permittee or his agent or employee or the local board or its agent or employee negligently sold or furnished an alcoholic beverage to an u…
Burden of proof and admissibility of evidence. The plaintiff shall have the burden of proving that the sale or furnishing of the alcoholic beverage to the underage person, as defined, was, under the circumstances, negligent. Proof of the sale or furnishing of the alcoholic beverage to an underage person, as defined, wi…
Limitation on damages. The total amount of damages that may be awarded to all aggrieved parties pursuant to any claims for relief under this Article is limited to no more than five hundred thousand dollars ($500,000) per occurrence. When all claims arising out of an occurrence exceed five hundred thousand dollars ($500…
Joint and several liability. The liability of the negligent driver or owner of the vehicle that caused the injury and the permittee or ABC board which sold or furnished the alcoholic beverage shall be joint and several, with right of contribution but not indemnification. (1983, c. 435, s. 37.)
Exceptions. This Article does not create a claim for relief against the following: (1) One who holds only a brown bagging permit, a special occasions permit, or a limited special occasions permit; (2) One who holds only a special one-time permit under G.S. 18B-1002; (3) One who holds only permits listed in G.S. 18B-110…
Statute of limitations. The statute of limitations is as provided in G.S. 1-54. (1983, c. 435, s. 37.)
Duty of clerk of superior court. When execution on a judgment on a cause of action under G.S. 18B-121 is returned unsatisfied, in whole or in part, the clerk of superior court to whom such return is made shall transmit to the Commission certified copies of the judgment, the execution and return and any other proceeding…
Common-law rights not abridged. The creation of any claim for relief by this Article may not be interpreted to abrogate or abridge any claims for relief under the common law, but this Article does not authorize double recovery for the same injury. (1983, c. 435, s. 37.)
No liability for refusal to sell or for holding documents. (a) No permittee or his agent or employee may be held liable for damages resulting from the refusal to sell or furnish an alcoholic beverage to a person who fails to show proper identification as described in G.S. 18B-302(d), or who appears to be an underage pe…
North Carolina Alcoholic Beverage Control Commission. (a) Creation of Commission; compensation. - The North Carolina Alcoholic Beverage Control Commission is created to consist of a chairman and two associate members. The Commission shall be administratively located within the Department of Public Safety but shall exer…