North Carolina § 18B-203 - Powers and duties of the Commission.

§ 18B-203. Powers and duties of the Commission.

Powers. - The Commission shall have authority to: Administer the ABC laws; Provide for enforcement of the ABC laws, in conjunction with the ALE Division; Set the prices of alcoholic beverages sold in local ABC stores as provided in Article 8; Require reports and audits from local boards as provided in G.S. 18B-205; Determine what brands of alcoholic beverages may be sold in this State; Contract for State ABC warehousing, as provided in G.S. 18B-204; Dispose of damaged alcoholic beverages, as provided in G.S. 18B-806; Remove for cause any member or employee of a local board; Supervise or disapprove purchasing by any local board and inspect all records of purchases by local boards; Approve or disapprove rules adopted by any local board; Approve or disapprove the opening and location of ABC stores, as provided in Article 8; Issue ABC permits, and impose sanctions against permittees; Provide for the testing of alcoholic beverages, as provided in G.S. 18B-206; Fix the amount of bailment charges and bailment surcharges to be assessed on liquor shipped from a Commission warehouse; Collect bailment charges and bailment surcharges from local boards; Notwithstanding any law to the contrary, enter into contracts for design and construction of a warehouse or warehouses and supervise work and materials used in the construction, as provided in G.S. 18B-204; Provide for the distribution of spirituous liquor to installations of the Armed Forces of the United States within this State for resale on the installation and to the Eastern Band of Cherokee Indians for resale on Indian Country lands within this State under the jurisdiction of the Eastern Band of Cherokee Indians. Provide for the distribution and posting of warning signs to local ABC boards regarding the dangers of alcohol consumption during pregnancy as required under G.S. 18B-808; Recognize the holder of a wine importer permit or nonresident wine vendor permit as a primary American source of supply for the wine of a winery. To be considered a primary American source of supply, a wine importer must establish that it has lawfully purchased the wine from the winery, or from an agent of the winery, and by written contract or otherwise has been authorized by the winery to distribute the wine to wholesalers in the United States. Promulgate rules to establish performance standards for local boards. Performance standards established pursuant to this subdivision shall include, but not be limited to, standards that address enforcement of ABC laws, store appearance, operating efficiency, solvency, and customer service. Promulgate rules to establish mandatory training requirements for local board members, finance officers, and general managers. If personal attendance is required, the Commission shall not require more than four hours of training and shall provide up to two hours of training at convenient locations around the State in conjunction with ethics training. Provide for the purchase of spirituous liquor from another ABC board by mixed beverage permittees when an ABC system becomes insolvent, closes, or is closed by the Commission and the county or municipality in which the system is located has approved the sale of mixed beverages. Implied Powers. - The Commission shall have all other powers which may be reasonably implied from the granting of the express powers stated in subsection (a), or which may be incidental to, or convenient for, performing the duties given to the Commission. 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; c. 747, s. 38; 1981 (Reg. Sess., 1982), c. 1285, s. 2; 1987, c. 136, s. 1; 2003-339, s. 1; 2006-227, s. 10; 2010-122, s. 4; 2011-145, s. 19.1(q); 2011-183, s. 20; 2011-333, s. 2; 2014-100, s. 17.1(xxx); 2019-203, s. 9(a).) Editor's Note. - Session Laws 2018-100, s. 3(a)-(e), provides: "(a) Definition. - 'Mixed Beverages Tax Stamp Rule' means 14B NCAC 15A.1901 (Mixed Beverages Tax Stamp) for purposes of this section and its implementation. "(b) Mixed Beverages Tax Stamp 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 Mixed Beverages Tax Stamp Rule as provided in subsection (c) of this section. "(c) Implementation. - Notwithstanding subsection (b) of the Mixed Beverages Tax Stamp Rule, the Commission shall not require the mixed beverages tax stamp to be affixed to the original paper labeling of each container and shall allow the mixed beverages tax stamp to be affixed to any vertical portion of the container. "(d) The Commission shall adopt a rule to amend the Mixed Beverages Tax Stamp 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." Sessions Laws 2018-100, s. 8(a), is a severability clause. Session Laws 2019-183, s. 3(a), (b), provides: "(a) In order to facilitate the sale of any remainders of a special item case, increase customer access to products, and allow local ABC boards to more effectively manage inventory, the ABC Commission shall develop and implement an Internet-based system to facilitate the sale and purchase of regular approved list items and special order list items of spirituous liquor by and among local ABC boards. "(b) The ABC Commission shall amend its rules consistent with this section." Session Laws 2019-182, s. 20(c), provides: "The Alcoholic Beverage Control Commission shall begin accepting permit applications and approving training programs no later than September 1, 2019." Session Laws 2019-182, s. 25(b), provides: "The ABC Commission shall adopt rules to implement this section, including the allowed fee for delivery and establishing requirements independent contractors must meet to provide deliveries authorized by this section." Session Laws 2019-182, s. 27, provides: "The Alcoholic Beverage Control Commission shall amend its rules consistent with the provisions of this act. The Commission may use the procedure set forth in G.S. 150B-21.1 to amend any rules as required under this section." Session Laws 2019-182, s. 28, is a severability clause. Effect of Amendments. - Session Laws 2006-227, s. 10, effective August 10, 2006, added subdivision (a)(19). Session Laws 2010-122, s. 4, effective October 1, 2010, added subdivisions (a)(20) through (a)(22). Session Laws 2011-145, s. 19.1(q), effective January 1, 2012, substituted "ALE Section" for "ALE Division" in subdivision (a)(2). Session Laws 2011-183, s. 20, effective June 20, 2011, substituted "installations of the Armed Forces of the United States" for "armed forces installations" in subdivision (a)(17). Session Laws 2011-333, s. 2, effective June 27, 2011, added "and to the Eastern Band of Cherokee Indians for resale on Indian Country lands within this State under the jurisdiction of the Eastern Band of Cherokee Indians" in subdivision (a)(17). Session Laws 2014-100, s. 17.1(xxx), effective July 1, 2014, substituted "Branch" for "Section" in subdivision (a)(2). Session Laws 2019-203, s. 9(a), effective October 1, 2019, substituted "Division" for "Branch" in subsection (a)(2). Legal Periodicals. - As to making of necessary rules and regulations, see 15 N.C.L. Rev. 323 (1937). As to power of Board to grant, deny, or revoke permits, see 15 N.C.L. Rev. 328 (1937). For article, "A History of Liquor-by-the-Drink Legislation in North Carolina," see 1 Campbell L. Rev. 61 (1979).