North Carolina § 18B-207 - Rules.

§ 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 when adopted and filed pursuant to the provisions of Chapter 150B of the General Statutes. 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; 1987, c. 827, s. 1.) 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 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." 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 2019-182, 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."