North Carolina § 18B-804 - Alcoholic beverage pricing.

§ 18B-804. Alcoholic beverage pricing.

Uniform Price of Spirituous Liquor. - The retail price of spirituous liquor sold in ABC stores and permitted distilleries shall be uniform throughout the State, unless otherwise provided by the ABC law. Sale Price of Spirituous Liquor. - The sale of spirituous liquor, including antique spirituous liquor, sold at the uniform State price shall consist of the following components: The distiller's or the antique spirituous liquor seller's price. The freight and bailment charges of the State warehouse as determined by the Commission. A markup for local boards as determined by the Commission. The tax levied under G.S. 105-113.80(c), which shall be levied on the sum of subdivisions (1), (2), and (3). An additional markup for local boards equal to three and one-half percent (3 1/2%) of the sum of subdivisions (1), (2), and (3). A bottle charge of one cent (1›) on each bottle containing 50 milliliters or less and five cents (5›) on each bottle containing more than 50 milliliters. The bailment surcharge. An additional bottle charge for local boards of one cent (1›) on each bottle containing 50 milliliters or less and five cents (5›) on each bottle containing more than 50 milliliters. A rounding adjustment, the formula of which may be determined by the Commission, so that the sale price will be divisible by five. If the spirituous liquor is sold to a mixed beverage permittee for resale in mixed beverages, a charge of twenty dollars ($20.00) on each four liters and a proportional sum on lesser quantities. If the spirituous liquor is sold to a guest room cabinet permittee for resale, a charge of twenty dollars ($20.00) on each four liters and a proportional sum on lesser quantities. Price of Spirituous Liquor Sold at Distillery. - When the holder of a distillery permit sells spirituous liquor distilled at the distillery pursuant to G.S. 18B-1105(a)(4), the retail price of the spirituous liquor shall be the uniform State price set by subsection (a) of this section. However, the holder of the distillery permit shall not be required to remit the components of the price set forth by subdivisions (2), (3), (5), (6), (6a), (6b), and (7) of subsection (b) of this section. Sale Price of Fortified Wine. - The sale price of fortified wine shall include the tax levied by G.S. 105-113.80(b), as well as State and local sales taxes. Repealed by Session Laws 1985, c. 59, s. 2. History (1937, c. 49, s. 4; cc. 237, 411; 1945, c. 954; 1949, c. 974, s. 9; 1961, c. 956; 1963, c. 426, s. 12; c. 916, s. 2; c. 1119, s. 1; 1965, c. 1063; c. 1102, s. 3; 1967, c. 222, s. 2; c. 1240, s. 1; 1971, c. 872, s. 1; 1973, c. 28; c. 473, s. 1; c. 476, s. 133; c. 606; c. 1288, s. 1; cc. 1369, 1396; 1975, cc. 240, 453, 640; 1977, c. 70, ss. 15.1, 15.2, 16; c. 176, ss. 2, 6; 1977, 2nd Sess., c. 1138, ss. 3, 4, 18; 1979, c. 384, s. 1; c. 445, s. 5; c. 482; c. 801, s. 4; 1981, c. 412, s. 2; 1981 (Reg. Sess., 1982), c. 1285, s. 5; 1983, c. 713, ss. 100, 101; 1985, c. 59, s. 2; c. 68, s. 1; c. 114, ss. 7-9; 1991, c. 565, ss. 4, 7; c. 689, ss. 304, 305; 1991 (Reg. Sess., 1992), c. 920, s. 3; 2015-98, ss. 1(e), 4(g); 2015-262, s. 3(b); 2017-87, s. 1(b).) Editor's Note. - Session Laws 2015-98, s. 1(i), provides: "No later than September 1, 2015, the ABC Commission shall establish and adopt temporary rules to implement the provisions of this section." Session Laws 2015-98, s. 1(j), made the amendment to subsection (b) by Session Laws 2015-98, s. 1(e), effective upon adoption of rules pursuant to Session Laws 2015-98, s. 1(i). The Revisor is informed that rules were adopted. Session Laws 2015-98, s. 4(h), provides: "No later than October 1, 2015, the ABC Commission shall establish and adopt temporary rules to implement the provisions of this section." Session Laws 2015-98, s. 4(i), made the insertion of "and permitted distilleries" in subsection (a) of this section by Session Laws 2015-98, s. 4(g), effective upon adoption of rules pursuant to Session Laws 2015-98, s. 4(h). The Revisor is informed that rules were adopted. Session Laws 2017-87, s. 1(b), effective July 1, 2017, provides "G.S. 18B-804 is amended by adding a new subsection to read." However, the text of the section appearing on the act indicated no change. Effect of Amendments. - Session Laws 2015-98, s. 1(e), inserted "including antique spirituous liquor" in the introductory language of subsection (b) and inserted "or the antique spirituous liquor seller's" in subdivision (b)(1). For effective date, see editor's note. Session Laws 2015-98, s. 4(g), inserted "and permitted distilleries" in subsection (a). For effective date, see editor's note. Session Laws 2015-262, s. 3(b), effective September 30, 2015, added subsection (b1).