North Carolina § 18B-806 - Damaged alcoholic beverages.

§ 18B-806. Damaged alcoholic beverages.

Owned by Local Board. - All damaged alcoholic beverages owned by a local board shall be destroyed, given to a public or private hospital for medicinal use only, or given to the Commission. Not Owned by Local Board. - The Commission shall dispose of all damaged alcoholic beverages which are: Owned by the Commission; Damaged while in the State warehouse; or Damaged while in transit between the State warehouse and a local board. Sale Procedure. - If damaged alcoholic beverages are sold under subsection (b), sale shall be by: Advertisement for sealed bids; Negotiated offer, advertisement and upset bids; or Exchange. Records. - Local boards and the Commission shall keep detailed records of all disposals of damaged alcoholic beverages, including brand, quantity and disposition. The Commission shall dispose of the alcoholic beverages by giving them to a public or private hospital for medicinal use only, by selling them to a military installation, or by destroying them. Funds derived from the sale of damaged alcoholic beverages shall be paid to the general fund of the State. History (1981, c. 412, s. 2.) Editor's Note. - Session Laws 2018-100, s. 2(a)-(e), provides: "(a) Definition. - 'Distressed Liquor Rules' means 14B NCAC 15A.1603 (Requirements for Storage), 14B NCAC 15A.1604 (Prohibited Practices), and 14B NCAC 15A.1701 (Removal of Beverages from ABC Stores) for purposes of this section and its implementation. "(b) Distressed Liquor Rules. - 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 Distressed Liquor Rules as provided in subsection (c) of this section. "(c) Implementation. - Notwithstanding subdivisions (6) and (7) of 14B NCAC 15A.1603, subsection (b) of 14B NCAC 15A.1604 (Prohibited Practices), and subsection (b) of 14B NCAC 15A.1701 (Removal of Beverages from ABC Stores), the Commission shall not require the presence of a distiller representative for the Commission, a privately owned bonded warehouse, or a local board to destroy distressed liquor. "(d) The Commission shall adopt rules to amend the Distressed Liquor Rules 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." Sessions Laws 2018-100, s. 8(a), is a severability clause.