North Carolina General Statutes Chapter 18B Regulation of Alcoholic Beverages

Article 1 - General Provisions.

N.C. Gen. Stat. § 18B-100. 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...
N.C. Gen. Stat. § 18B-101. 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...
N.C. Gen. Stat. § 18B-102. 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...
N.C. Gen. Stat. § 18B-102.1. 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...
N.C. Gen. Stat. § 18B-103. Exemptions
The following activities shall be permitted: (1) The use of ethyl alcohol for scientific, chemical, pharmaceutical, mechanical, and industrial purposes; (2) The use of...
N.C. Gen. Stat. § 18B-104. 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...
N.C. Gen. Stat. § 18B-105. Advertising
(a) General Rule. - No person shall advertise alcoholic beverages in this State except in compliance with the rules of the Commission. (b) Rule-making...
N.C. Gen. Stat. § 18B-106. 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...
N.C. Gen. Stat. § 18B-107. 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...
N.C. Gen. Stat. § 18B-108. 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...
N.C. Gen. Stat. § 18B-109. 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...
N.C. Gen. Stat. § 18B-110. 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)...
N.C. Gen. Stat. § 18B-111. 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.
N.C. Gen. Stat. § 18B-112. Tribal alcoholic beverage control
(a) Application of This Chapter. - The Eastern Band of Cherokee Indians, a federally recognized Indian tribe and sovereign nation, shall be exempt from...
N.C. Gen. Stat. § 18B-113. Reserved for future codification purposes
N.C. Gen. Stat. § 18B-114. Reserved for future codification purposes
N.C. Gen. Stat. § 18B-115. Reserved for future codification purposes
N.C. Gen. Stat. § 18B-116. Reserved for future codification purposes
N.C. Gen. Stat. § 18B-117. Reserved for future codification purposes
N.C. Gen. Stat. § 18B-118. Reserved for future codification purposes
N.C. Gen. Stat. § 18B-119. Reserved for future codification purposes

Article 1A - Compensation for Injury Caused by Sales to Underage Persons.

N.C. Gen. Stat. § 18B-120. 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...
N.C. Gen. Stat. § 18B-121. 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...
N.C. Gen. Stat. § 18B-122. 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,...
N.C. Gen. Stat. § 18B-123. 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...
N.C. Gen. Stat. § 18B-124. 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...
N.C. Gen. Stat. § 18B-125. 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...
N.C. Gen. Stat. § 18B-126. Statute of limitations
The statute of limitations is as provided in G.S. 1-54. (1983, c. 435, s. 37.)
N.C. Gen. Stat. § 18B-127. 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...
N.C. Gen. Stat. § 18B-128. 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...
N.C. Gen. Stat. § 18B-129. 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...
N.C. Gen. Stat. § 18B-130 through 18B-199. Reserved for future codification purposes

Article 2 - State Administration.

N.C. Gen. Stat. § 18B-200. 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....
N.C. Gen. Stat. § 18B-201. Conflict of interest; gifts
(a) Financial Interests Restricted. - No person shall be appointed to or employed by the Commission, a local board, or the ALE Section if...
N.C. Gen. Stat. § 18B-202. Discharge upon conviction
In addition to imposing any other penalty authorized by law, a judge may remove from office or discharge from employment any Commission or local...
N.C. Gen. Stat. § 18B-203. Powers and duties of the Commission
(a) Powers. - The Commission shall have authority to: (1) Administer the ABC laws; (2) Provide for enforcement of the ABC laws, in conjunction...
N.C. Gen. Stat. § 18B-204. State warehouse
(a) Contracting for Private Warehouse. - The Commission shall provide for the receipt, storage, and distribution of spirituous liquor by one of the following...
N.C. Gen. Stat. § 18B-205. Accounts and reports required
(a) Accounts and Reports. - The Commission may require local boards to submit quarterly mixed beverage reports, quarterly and annual audits, monthly sales records,...
N.C. Gen. Stat. § 18B-206. Standards for alcoholic beverages
(a) Authority to Set Standards. - The Commission may set standards and adopt rules for malt beverages, unfortified wine, fortified wine, and spirituous liquor...
N.C. Gen. Stat. § 18B-207. Rules
The Commission shall have authority to adopt, amend, and repeal rules to carry out the provisions of this Chapter. Those rules shall become effective...
N.C. Gen. Stat. § 18B-208. ABC Commission bonds and funds
(a) Issuance of Bonds. - As a means of raising the funds needed from time to time in the design, acquisition, construction, equipping, maintenance...
N.C. Gen. Stat. § 18B-209 through 18B-299. Reserved for future codification purposes

Article 3 - Sale, Possession, and Consumption.

N.C. Gen. Stat. § 18B-300. Purchase, possession and consumption of malt beverages and unfortified wine
(a) Generally. - Except as otherwise provided in this Chapter, the purchase, consumption, and possession of malt beverages and unfortified wine by individuals 21...
N.C. Gen. Stat. § 18B-301. Possession and consumption of fortified wine and spirituous liquor
(a) Possession at Home. - It shall be lawful, without an ABC permit, for any person at least 21 years old to possess for...
N.C. Gen. Stat. § 18B-302. Sale to or purchase by underage persons
(a) Sale. - It shall be unlawful for any person to: (1) Sell malt beverages or unfortified wine to anyone less than 21 years...
N.C. Gen. Stat. § 18B-302.1. Penalties for certain offenses related to underage persons
(a) A violation of G.S. 18B-302(a) or (a1) is a Class 1 misdemeanor. Notwithstanding the provisions of G.S. 15A-1340.23, if the court imposes a...
N.C. Gen. Stat. § 18B-302.2. Medical treatment; limited immunity
Notwithstanding any other provision of law, a person under the age of 21 shall not be prosecuted for a violation of G.S. 18B-302 for...
N.C. Gen. Stat. § 18B-303. Amounts of alcoholic beverages that may be purchased
(a) Purchases Allowed. - Without a permit, a person may purchase at one time: (1) Not more than 80 liters of malt beverages, except...
N.C. Gen. Stat. § 18B-304. Sale and possession for sale
(a) Offense. - It shall be unlawful for any person to sell any alcoholic beverage, or possess any alcoholic beverage for sale, without first...
N.C. Gen. Stat. § 18B-305. Other prohibited sales
(a) Sale to Intoxicated Person. - It shall be unlawful for a permittee or his employee or for an ABC store employee to knowingly...
N.C. Gen. Stat. § 18B-306. Making wines and malt beverages for private use
An individual may make, possess, and transport native wines and malt beverages for his own use and for the use of his family and...
N.C. Gen. Stat. § 18B-307. Manufacturing offenses
(a) Offenses. - It shall be unlawful for any person, except as authorized by this Chapter, to: (1) Sell or possess equipment or ingredients...
N.C. Gen. Stat. § 18B-308. Sale and consumption at bingo games
It shall be unlawful to sell or consume, or for the owner or other person in charge of the premises to allow the sale...
N.C. Gen. Stat. § 18B-309. Alcoholic beverage sales in Urban Redevelopment Areas
(a) A food business as defined in G.S. 18B-1000(3), a retail business as defined in G.S. 18B-1000(7), or an eating establishment as defined in...
N.C. Gen. Stat. § 18B-310 through 18B-399. Reserved for future codification purposes

Article 4 - Transportation.

N.C. Gen. Stat. § 18B-400. Amounts that may be transported
A person may transport at one time the same amount of alcoholic beverages that he is allowed to buy under G.S. 18B-303(a). Greater amounts...
N.C. Gen. Stat. § 18B-401. Manner of transportation
(a) Opened Containers. - It shall be unlawful for a person to transport fortified wine or spirituous liquor in the passenger area of a...
N.C. Gen. Stat. § 18B-402. Alcoholic beverages purchased out-of-State
A person may bring into North Carolina alcoholic beverages purchased legally outside the jurisdiction of this State in the same amounts that may be...
N.C. Gen. Stat. § 18B-403. Purchase-transportation permit
(a) Amounts. - With a purchase-transportation permit, a person may purchase and transport an amount of alcoholic beverages greater than the amount specified in...
N.C. Gen. Stat. § 18B-403.1. Purchase-transportation permit for keg or kegs of malt beverages
(a) Purchase-Transportation. - A person who is not a permittee may purchase and transport for off-premises consumption a keg or kegs as defined in...
N.C. Gen. Stat. § 18B-404. Additional provisions for purchase and transportation by mixed beverage permittees
(a) Designated Employee. - A mixed beverages permittee may designate an employee to purchase and transport spirituous liquor as authorized by the permittee's permit....
N.C. Gen. Stat. § 18B-405. Transportation by permittee
The holder of a permit for the retail sale of malt beverages, unfortified wine, or fortified wine may transport in the course of his...
N.C. Gen. Stat. § 18B-406. Unlawful transportation
It shall be unlawful to transport a greater amount of alcoholic beverage than permitted by this Article, unless the transportation is authorized under Article...
N.C. Gen. Stat. § 18B-407 through 18B-499. Reserved for future codification purposes

Article 5 - Law Enforcement.

N.C. Gen. Stat. § 18B-500. Alcohol law-enforcement agents
(a) Appointment. - The Secretary of Public Safety shall appoint alcohol law-enforcement agents and other enforcement personnel. The Secretary of Public Safety may also...
N.C. Gen. Stat. § 18B-501. Local ABC officers
(a) Appointment. - Except as provided in subsection (f), each local board shall hire one or more ABC enforcement officers. Local ABC enforcement officers...
N.C. Gen. Stat. § 18B-502. Inspection of licensed premises
(a) Authority. - To procure evidence of violations of the ABC law, alcohol law-enforcement agents, employees of the Commission, local ABC officers, and officers...
N.C. Gen. Stat. § 18B-503. Disposition of seized alcoholic beverages
(a) Storage. - A law-enforcement officer who seizes alcoholic beverages as evidence of an ABC law violation shall provide for the storage of those...
N.C. Gen. Stat. § 18B-504. Forfeiture
(a) Property Subject to Forfeiture. - The following kinds of property shall be subject to forfeiture: (1) Motor vehicles, boats, airplanes, and all other...
N.C. Gen. Stat. § 18B-505. Restitution
When a person is convicted of a violation of the ABC laws, the court may order him to make restitution to any law-enforcement agency...
N.C. Gen. Stat. § 18B-506 through 18B-599. Reserved for future codification purposes

Article 6 - Elections.

N.C. Gen. Stat. § 18B-600. Places eligible to hold alcoholic beverage elections
(a) Kinds of Elections. - The following kinds of alcoholic beverage elections shall be permitted: (1) Malt beverage; (2) Unfortified wine; (3) ABC store;...
N.C. Gen. Stat. § 18B-601. Election procedure
(a) Generally. - Except as otherwise provided in this section, an alcoholic beverage election shall be conducted in the same manner and under the...
N.C. Gen. Stat. § 18B-602. Form of ballots
(a) Malt Beverage Elections. - Any one or more of the propositions listed below may be placed on the ballot for a malt beverage...
N.C. Gen. Stat. § 18B-603. Effect of alcoholic beverage elections on issuance of permits
(a) Malt Beverage Elections. - If a malt beverage election is held under G.S. 18B-602(a) and the sale of malt beverages is approved, the...
N.C. Gen. Stat. § 18B-604. Timing and effect of subsequent elections
(a) Time Limits. - No county alcoholic beverage election may be held within three years of the certification of the results of a previous...
N.C. Gen. Stat. § 18B-605. Local act elections
If a jurisdiction has lawfully voted in favor of ABC stores or in favor of the sale of some kind of alcoholic beverage, and...
N.C. Gen. Stat. § 18B-606 through 18B-699. Reserved for future codification purposes

Article 7 - Local ABC Boards.

N.C. Gen. Stat. § 18B-700. Appointment and organization of local ABC boards
(a) Membership. - A local ABC board shall consist of three or five members appointed for three-year terms unless the board is a board...
N.C. Gen. Stat. § 18B-701. Powers and duties of local ABC boards
(a) Powers. - A local board shall have authority to: (1) Buy, sell, transport, and possess alcoholic beverages as necessary for the operation of...
N.C. Gen. Stat. § 18B-702. Financial operations of local boards
(a) Generally. - A local board may transact business as a corporate body, except as limited by this section. A local board shall not...
N.C. Gen. Stat. § 18B-703. Merger of local ABC operations
(a) Conditions for Merger. - Any city governing body or board of county commissioners may merge its ABC system with the system of one...
N.C. Gen. Stat. § 18B-704. Removal of local board members and employees
(a) Improper Influence. - Neither the Commission nor its individual members shall attempt to coerce any appointing authority to appoint a particular person as...
N.C. Gen. Stat. § 18B-705. Compliance with performance standards; remedies
(a) Local Board Compliance. - The Commission shall establish performance standards pursuant to G.S. 18B-203(a)(20). The Commission shall ensure that all local boards comply...
N.C. Gen. Stat. § 18B-706. Ethics requirements for local boards
(a) Each local board shall adopt a policy containing a code of ethics, consistent with the provisions of G.S. 18B-201, to guide actions by...
N.C. Gen. Stat. § 18B-707. Reserved for future codification purposes
N.C. Gen. Stat. § 18B-708. Reserved for future codification purposes
N.C. Gen. Stat. § 18B-709. Reserved for future codification purposes

Article 8 - Operation of ABC Stores.

N.C. Gen. Stat. § 18B-800. Sale of alcoholic beverages in ABC stores
(a) Spirituous Liquor. - Except as provided in Article 10 of this Chapter, spirituous liquor may be sold only in ABC stores operated by...
N.C. Gen. Stat. § 18B-801. Location, opening, and closing of stores
(a) Number of Stores. - Each local board shall have the authority and duty to operate one ABC store. Additional stores may be operated...
N.C. Gen. Stat. § 18B-802. When stores operate
(a) Time. - No ABC store shall be open, and no ABC store employee shall sell alcoholic beverages, between 9:00 P.M. and 9:00 A.M....
N.C. Gen. Stat. § 18B-803. Store management
(a) Manager. - A local board shall provide for the management of each store operated by it. The board shall employ at least one...
N.C. Gen. Stat. § 18B-804. Alcoholic beverage pricing
(a) Uniform Price of Spirituous Liquor. - The retail price of spirituous liquor sold in ABC stores shall be uniform throughout the State, unless...
N.C. Gen. Stat. § 18B-805. Distribution of revenue
(a) Gross Receipts. - As used in this section, "gross receipts" means all revenue of a local board, including proceeds from the sale of...
N.C. Gen. Stat. § 18B-806. Damaged alcoholic beverages
(a) Owned by Local Board. - All damaged alcoholic beverages owned by a local board shall be destroyed, given to a public or private...
N.C. Gen. Stat. § 18B-807. Rules
The Commission may adopt rules concerning the organization and operation of self-service ABC stores, the size of ABC store signs, the display of alcoholic...
N.C. Gen. Stat. § 18B-808. Warning signs regarding dangers of alcohol consumption during pregnancy required; posting
(a) Each ABC store shall display or cause to be displayed warning signs that meet the requirements of this section on the store's premises...
N.C. Gen. Stat. § 18B-809 through 18B-899. Reserved for future codification purposes

Article 9 - Issuance of Permits.

N.C. Gen. Stat. § 18B-900. Qualifications for permit
(a) Requirements. - To be eligible to receive and to hold an ABC permit, a person shall: (1) Be at least 21 years old,...
N.C. Gen. Stat. § 18B-901. Issuance of permits
(a) Who Issues. - All ABC permits shall be issued by the Commission. Purchase-transportation permits shall be issued by local boards under G.S. 18B-403....
N.C. Gen. Stat. § 18B-902. Application for permit; fees
(a) Form. - An application for an ABC permit shall be on a form prescribed by the Commission and shall be notarized. Each person...
N.C. Gen. Stat. § 18B-903. Duration of permit; renewal and transfer
(a) Duration. - Once issued, ABC permits shall be valid for the following periods, unless earlier surrendered, suspended or revoked: (1) On-premises and off-premises...
N.C. Gen. Stat. § 18B-904. Miscellaneous provisions concerning permits
(a) Who Receives Permit. - An ABC permit shall authorize the permitted activity only on the premises of the establishment named in the permit....
N.C. Gen. Stat. § 18B-905. Temporary permits
When an application has been received in proper form, with the required application fee, the Commission may issue a temporary permit for any of...
N.C. Gen. Stat. § 18B-906. Applicability of Administrative Procedure Act
(a) Act Applies. - An ABC permit is a "license" within the meaning of G.S. 150B-2, and, except for revocation pursuant to G.S. 18B-904(e)(3),...
N.C. Gen. Stat. § 18B-907 through 18B-999. Reserved for future codification purposes

Article 10 - Retail Activity.

N.C. Gen. Stat. § 18B-1000. Definitions concerning establishments
The following requirements and definitions shall apply to this Chapter: (1) Community theatre. - An establishment owned and operated by a bona fide nonprofit...
N.C. Gen. Stat. § 18B-1001. Kinds of ABC permits; places eligible
When the issuance of the permit is lawful in the jurisdiction in which the premises are located, the Commission may issue the following kinds...
N.C. Gen. Stat. § 18B-1001.1. Authorization of wine shipper permit
(a) A winery holding a federal basic wine manufacturing permit located within or outside of the State may apply to the Commission for issuance...
N.C. Gen. Stat. § 18B-1001.2. Additional wine shipping requirements
(a) A wine shipper permittee shall: (1) Compile and submit to the Commission quarterly a summary indicating all wine products shipped, including brand and...
N.C. Gen. Stat. § 18B-1001.3. Authorization of wine shipper packager permit
The holder of a wine shipper packager permit may provide services for the warehousing, packaging, and shipment of wine on behalf of a winery...
N.C. Gen. Stat. § 18B-1002. Special one-time permits
(a) Kinds of Permits. - In addition to the other permits authorized by this Chapter, the Commission may issue permits for the following activities:...
N.C. Gen. Stat. § 18B-1003. Responsibilities of permittee
(a) Premises. - For purposes of this Chapter, a permittee shall be responsible for the entire premises for which the permit is issued. The...
N.C. Gen. Stat. § 18B-1004. Hours for sale and consumption
(a) Hours. - Except as otherwise provided in this section, it shall be unlawful to sell malt beverages, unfortified wine, fortified wine, or mixed...
N.C. Gen. Stat. § 18B-1005. Conduct on licensed premises
(a) Certain Conduct. - It shall be unlawful for a permittee or his agent or employee to knowingly allow any of the following kinds...
N.C. Gen. Stat. § 18B-1005.1. Sexually explicit conduct on licensed premises
(a) It shall be unlawful for a permittee or his agent or employee to knowingly allow or engage in any of the following kinds...
N.C. Gen. Stat. § 18B-1006. Miscellaneous provisions on permits
(a) School and College Campuses. - No permit for the sale of malt beverages, unfortified wine, or fortified wine shall be issued to a...
N.C. Gen. Stat. § 18B-1006.1. Additional requirement for certain permittees to recycle beverage containers
Holders of on-premises malt beverage permits, on-premises unfortified wine permits, on-premises fortified wine permits, and mixed beverages permits shall separate, store, and provide for...
N.C. Gen. Stat. § 18B-1007. Additional requirements for mixed beverages permittees
(a) Purchases. - A mixed beverages permittee may purchase spirituous liquor for resale as mixed beverages and a guest room cabinet permittee may purchase...
N.C. Gen. Stat. § 18B-1008. Rules concerning retail permits
The Commission is authorized to use broad discretion in further defining the kinds of places eligible for permits under this Article. The rules may...
N.C. Gen. Stat. § 18B-1009. In-stand sales
(a) Nothing in this Chapter shall be construed to prohibit a retail permittee from selling for consumption, malt beverages in the seating areas of...
N.C. Gen. Stat. § 18B-1010 through 18B-1099. Reserved for future codification purposes

Article 11 - Commercial Activity.

N.C. Gen. Stat. § 18B-1100. Commercial permits
The Commission may issue the following commercial permits: (1) Unfortified winery (2) Fortified winery (3) Limited winery (4) Brewery (5) Distillery (6) Fuel alcohol...
N.C. Gen. Stat. § 18B-1101. Authorization of unfortified winery permit
The holder of an unfortified winery permit may: (1) Manufacture unfortified wine; (2) Sell, deliver and ship unfortified wine in closed containers to wholesalers...
N.C. Gen. Stat. § 18B-1102. Authorization of fortified winery permit
The holder of a fortified winery permit may: (1) Manufacture, purchase, import and transport brandy and other ingredients and equipment used in the manufacture...
N.C. Gen. Stat. § 18B-1103. Authorization of limited winery permit
(a) Special Qualifications. - Any winery which holds an unfortified winery permit and which produces its wine principally from honey, grapes or other fruit...
N.C. Gen. Stat. § 18B-1104. Authorization of brewery permit
The holder of a brewery permit may: (1) Manufacture malt beverages. (2) Purchase malt, hops and other ingredients used in the manufacture of malt...
N.C. Gen. Stat. § 18B-1105. Authorization of distillery permit
(a) Authorized Acts. - The holder of a distillery permit may: (1) Manufacture, purchase, import, possess and transport ingredients and equipment used in the...
N.C. Gen. Stat. § 18B-1105.1. Authorization of liquor importer/bottler permit
The holder of a liquor importer/bottler permit may: (1) Receive spirituous liquor in closed containers into foreign trade zones at the State Port facilities...
N.C. Gen. Stat. § 18B-1106. Authorization of wine importer permit
(a) Authorization. - The holder of a wine importer permit may: (1) Import fortified and unfortified wines from outside the United States in closed...
N.C. Gen. Stat. § 18B-1107. Authorization of wine wholesaler permit
(a) Authorization. - The holder of a wine wholesaler permit may: (1) Receive, possess and transport shipments of fortified and unfortified wine. The wine...
N.C. Gen. Stat. § 18B-1108. Authorization of malt beverages importer permit
The holder of a malt beverages importer permit may: (1) Import malt beverages from outside the United States in closed containers; (2) Store those...
N.C. Gen. Stat. § 18B-1109. Authorization of malt beverages wholesaler permit
(a) Authorization. - The holder of a malt beverages wholesaler permit may: (1) Receive, possess and transport shipments of malt beverages; (2) Sell, deliver...
N.C. Gen. Stat. § 18B-1110. Authorization of bottler permit
(a) Authorization. - The holder of a bottler permit may: (1) Receive, possess and transport shipments of malt beverages, unfortified wine and fortified wine;...
N.C. Gen. Stat. § 18B-1111. Authorization of salesman permit
(a) Authorized Acts. - The holder of a salesman permit may sell and transport malt beverages for a malt beverage wholesaler or sell and...
N.C. Gen. Stat. § 18B-1112. Authorization of vendor representative permit
(a) Authorized Acts. - The holder of a vendor representative permit may represent an unfortified winery, fortified winery, limited winery, brewery, bottler, importer, nonresident...
N.C. Gen. Stat. § 18B-1113. Authorization of nonresident malt beverage vendor permit
The holder of a nonresident malt beverage vendor permit may sell, deliver, and ship malt beverages in this State only to wholesalers, importers, and...
N.C. Gen. Stat. § 18B-1114. Authorization of nonresident wine vendor permit
The holder of a nonresident wine vendor permit may sell, deliver, and ship unfortified and fortified wine in this State only to wholesalers, importers,...
N.C. Gen. Stat. § 18B-1114.1. Authorization of winery special event permit
(a) Authorization. - The holder of an unfortified winery permit, a limited winery permit, a viticulture/enology course authorization, or a wine producer permit may...
N.C. Gen. Stat. § 18B-1114.2. Effect of cider and vinegar manufacturer permit
The holder of a cider and vinegar manufacturer permit may purchase and transport unlimited quantities of out-of-date unfortified or fortified wines from wine wholesalers...
N.C. Gen. Stat. § 18B-1114.3. Authorization of wine producer permit
(a) Authorization. - The holder of a wine producer permit may: (1) Ship crops grown on land owned by it in North Carolina to...
N.C. Gen. Stat. § 18B-1114.4. Viticulture/Enology course authorization
(a) Authorization. - The holder of a viticulture/enology course authorization may: (1) Manufacture wine from grapes grown on the school's campus or the school's...
N.C. Gen. Stat. § 18B-1114.5. Authorization of malt beverage special event permit
(a) Authorization. - The holder of a brewery, malt beverage importer, or nonresident malt beverage vendor permit may obtain a malt beverage special event...
N.C. Gen. Stat. § 18B-1115. Commercial transportation
(a) Permit Required. - Unless a person holds a permit which otherwise allows him to transport more than 80 liters of malt beverages other...
N.C. Gen. Stat. § 18B-1116. Exclusive outlets prohibited
(a) Prohibitions. - It shall be unlawful for any manufacturer, bottler, or wholesaler of any alcoholic beverages, or for any officer, director, or affiliate...
N.C. Gen. Stat. § 18B-1117. Repealed by Session Laws 1989, c. 142, s. 3
N.C. Gen. Stat. § 18B-1118. Purchase restrictions
The holder of a malt beverage wholesaler, wine wholesaler, malt beverage importer, wine importer, or bottler permit may not purchase malt beverages or wine...
N.C. Gen. Stat. § 18B-1119. Supplier's financial interest in wholesaler
(a) A supplier or an officer, director, employee or affiliate of a supplier may financially assist a proposed purchaser in acquiring ownership of a...
N.C. Gen. Stat. § 18B-1120 through 18B-1199. Reserved for future codification purposes

Article 12 - Wine Distribution Agreements.

N.C. Gen. Stat. § 18B-1200. Construction; findings and purpose; exceptions
(a) This Article shall be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of the...
N.C. Gen. Stat. § 18B-1201. Definitions
As used in this Article, unless the context requires otherwise: (1) "Agreement" means a commercial relationship between a wine wholesaler and a winery. The...
N.C. Gen. Stat. § 18B-1202. No inducement, coercion, or discrimination
No winery may: (1) Induce, coerce, or attempt to induce or coerce any wine wholesaler to accept delivery of any alcoholic beverage or any...
N.C. Gen. Stat. § 18B-1203. Primary area of responsibility; no discrimination
(a) Each agreement shall designate the sales territory of the wholesaler. No winery may enter into more than one agreement for each brand of...
N.C. Gen. Stat. § 18B-1204. Cancellation
Notwithstanding the terms, provisions, or conditions of any agreement, no winery may amend, cancel, terminate, or refuse to continue to renew any agreement, or...
N.C. Gen. Stat. § 18B-1205. Notice of intent to terminate
(a) Except as provided in subsection (c), a winery shall provide a wholesaler at least 90 days prior written notice of any intention to...
N.C. Gen. Stat. § 18B-1206. Transfer of business
(a) No winery may unreasonably withhold or delay consent to any transfer of the wholesaler's business or transfer of the stock or other interest...
N.C. Gen. Stat. § 18B-1207. Judicial remedies
(a) If a winery violates any provision of this Article, a wholesaler may maintain a suit against the winery. The court may grant injunctive...
N.C. Gen. Stat. § 18B-1208. Price of product
No winery, whether by means of a term or condition of an agreement or otherwise, may directly or indirectly fix or maintain the prices...
N.C. Gen. Stat. § 18B-1209. Retaliatory action prohibited
No winery may take retaliatory action against a wholesaler who files or manifests an intention to file a complaint alleging that the winery violated...
N.C. Gen. Stat. § 18B-1210. Management
No winery may require or prohibit any change in management or personnel of any wholesaler unless the current or potential management or personnel fails...
N.C. Gen. Stat. § 18B-1211. No discrimination
No winery may discriminate among its wholesalers in any business dealings, including the price of wine sold to the wholesaler, unless the classification among...
N.C. Gen. Stat. § 18B-1212. No waiver
No winery may require any wholesaler to waive compliance with any provision of this Chapter. Nothing in this Chapter, however, may be construed to...
N.C. Gen. Stat. § 18B-1213. Obligations of purchaser
The purchaser of a winery, and any successor to the import rights of a winery, is obligated to all the terms and conditions of...
N.C. Gen. Stat. § 18B-1214. Prohibited practices enumerated
It is a violation of this Article for any winery, directly or indirectly, to engage in any of the following practices: (1) To restrict...
N.C. Gen. Stat. § 18B-1215. Intent of nondiscrimination
It is the intent of this Article that there shall be no unlawful discrimination based on race, color, creed, sex, religion, or national origin...
N.C. Gen. Stat. § 18B-1216. Relation of Article to other laws
Nothing in this Article relieves a winery or wholesaler of any obligation, duty, or prohibition imposed by any other provision of this Chapter or...
N.C. Gen. Stat. § 18B-1217 through 18B-1299. Reserved for future codification purposes

Article 13 - Beer Franchise Law.

N.C. Gen. Stat. § 18B-1300. Purpose
Pursuant to the authority of the State under the Twenty-First Amendment to the United States Constitution, the General Assembly finds that regulation of the...
N.C. Gen. Stat. § 18B-1301. Definitions
(1) "Supplier" means a brewer, bottler, or importer of malt beverages, including anyone who holds a brewery, malt beverages importer or nonresident malt beverages...
N.C. Gen. Stat. § 18B-1302. Franchise agreement
(a) Nature of Agreement. - A franchise agreement is a commercial relationship between a wholesaler and supplier of a definite or indefinite duration, whether...
N.C. Gen. Stat. § 18B-1303. Filing of distribution agreement; no discrimination
(a) Filing. - It is unlawful for a supplier to provide malt beverages to a wholesaler unless the Commission has received notification from the...
N.C. Gen. Stat. § 18B-1304. Prohibitions
It is unlawful for a supplier, or an officer, agent or representative of a supplier, to: (1) Coerce or attempt to coerce or persuade...
N.C. Gen. Stat. § 18B-1305. Cause for termination of franchise agreement
(a) Meaning of Good Cause. - Good cause for altering or terminating a franchise agreement, or failing to renew or causing a wholesaler to...
N.C. Gen. Stat. § 18B-1306. Remedies for wrongful termination
(a) Injunctive Relief. - A wholesaler whose franchise agreement is altered, terminated or not renewed in violation of this Article may bring an action...
N.C. Gen. Stat. § 18B-1307. Transfer or merger of wholesaler's business
(a) Right of Transfer to Designated Family Member upon Death. - Upon the death of a wholesaler, that individual's interest in the wholesaler business,...
N.C. Gen. Stat. § 18B-1308. Article part of all franchise agreements
The provisions of this Article shall be part of all franchise agreements as defined in G.S. 18B-1302 and may not be altered by the...
N.C. Gen. Stat. § 18B-1309. Mediation at direction of Alcoholic Beverage Control Commission
If a dispute arises between a wholesaler and supplier under this Article, and such dispute appears likely to lead to litigation, the Commission, upon...

Last modified: March 23, 2014