North Carolina § 18B-105 - Advertising.

§ 18B-105. Advertising.

General Rule. - No person shall advertise alcoholic beverages in this State except in compliance with the rules of the Commission. Rule-making Authority. - The Commission shall have the authority to adopt rules to: Prohibit or regulate advertising of alcoholic beverages by permittees in newspapers, pamphlets, and other print media; Prohibit or regulate advertising by on-premises permittees of brands or prices of alcoholic beverages via newspapers, radio, television, and other mass media; Prohibit deceptive or misleading advertising of alcoholic beverages; Require all advertisements of alcoholic beverages to disclose fully the identity of the advertiser and of the product being advertised; Prohibit advertisements of alcoholic beverages on the premises of a permittee, or regulate the size, number, and appearance of those advertisements; Prohibit or regulate advertisement of prices of alcoholic beverages on the premises of a permittee; Prohibit or regulate alcoholic beverage advertisements on billboards; Prohibit alcoholic beverage advertisements on outdoor signs, or regulate the nature, size, number, and appearance of those advertisements; Prohibit or regulate advertising of alcoholic beverages by mail; Prohibit or regulate contests, games, or other promotions which serve or tend to serve as advertisement for a specific brand or brands of alcoholic beverages; and Prohibit or regulate any advertising of alcoholic beverages which is contrary to the public interest. History (1923, c. 1, s. 3; C.S., s. 3411(c); 1933, cc. 216, 229; 1945, c. 903, s. 1; 1947, c. 1098, ss. 2, 3; 1957, c. 1048; 1963, c. 426, s. 10; c. 460, s. 1; 1971, c. 872, s. 1; 1981, c. 412, s. 2.) Editor's Note. - Session Laws 2018-65, s. 5.1(a)-(e), provides: "(a) Definition. - 'Advertising Rule' means 14B NCAC 15B.1006 (Advertising of Malt Beverages, Wine and Mixed Beverages by Retailers) for purposes of this section and its implementation. "(b) Advertising Rule. - Until the effective date of the revised permanent rule that the Alcoholic Beverage Control Commission is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Advertising Rule as provided in subsection (c) of this section. "(c) Implementation. - Notwithstanding the Advertising Rule, the Commission shall allow a sports or entertainment venue with a permanently constructed seating capacity of 3,000 or more, which is not located on the campus of a school, college, or university, to display point-of-sale advertising for malt beverages and unfortified wine inside the venue that is visible from the outside of the venue, and shall not require the venue to move or remove the advertising. "(d) The Commission shall adopt rules to amend the Advertising Rule consistent with subsection (c) of this section. "(e) Sunset. - This section expires when permanent rules adopted as required by subsection (d) of this section become effective." Session Laws 2019-182, s. 11(a)-(e), provides: "(a) Definition. - 'Discount Rule' means 14B NCAC 15B.1004 (General Prohibitions) for purposes of this section and its implementation. "(b) Discount Rule. - Until the effective date of the revised permanent rule that the Alcoholic Beverage Control Commission is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Discount Rule as provided in subsection (c) of this section. "(c) Implementation. - Notwithstanding any provision of subsection (b) of 14B NCAC 15B.1004 to the contrary, all of the following shall apply: "(1) A combination of the use of a coupon, a rebate, or a permittee's loyalty card, discount card, or membership card shall not exceed thirty-five percent (35%) of the advertised retail price for the purchase of a malt beverage or wine. "(2) A coupon or rebate shall not provide a discount exceeding thirty-five percent (35%) of the advertised retail price for the purchase of a malt beverage or wine. "(3) A loyalty card, discount card, or membership card shall not provide a discount exceeding thirty-five percent (35%) of the advertised retail price for the purchase of a malt beverage or wine. "(d) Adoption. - The Commission shall adopt rules to amend the Discount Rule consistent with subsection (c) of this section by no later than September 1, 2019. The Commission may adopt temporary rules to comply with the deadline set in this subsection. Any temporary rules adopted in accordance with this subsection shall remain in effect until permanent rules that replace the temporary rules become effective. "(e) Sunset. - This section expires when permanent rules adopted as required by subsection (d) of this section become effective." Opinions of Attorney General Authority of Commission to Regulate Advertising. - See opinion of Attorney General to Mr. Lee P. Phillips, State A.B.C. Board, 40 N.C.A.G. 1 (1970) (issued under former Chapter 18 ).