North Carolina § 18B-500 - Alcohol law-enforcement agents.

§ 18B-500. Alcohol law-enforcement agents.

Appointment. - The Secretary of Public Safety shall appoint and supervise the Director of the Division of Alcohol Law Enforcement of the Department of Public Safety. The Director of the Division of Alcohol Law Enforcement of the Department of Public Safety may appoint and supervise a sufficient number of assistants who shall be competent and qualified to do the work of the Division. The Director is responsible for making all hiring and personnel decisions of the Division. Notwithstanding the provisions of this Chapter or Chapter 143A of the General Statutes, the Director may hire or fire personnel and transfer personnel within the Division. The Director may also appoint a regular employee of the Commission as an ALE agent, provided the employee was employed by the ABC Commission and serving as an ALE agent on January 1, 2019. Alcohol law-enforcement agents shall be designated as "alcohol law-enforcement agents." Persons serving as reserve alcohol law-enforcement agents are considered employees of the Division for workers' compensation purposes while performing duties assigned or approved by the Director of the Division or the Director's designee. Subject Matter Jurisdiction. - After taking the oath prescribed for a peace officer, an alcohol law-enforcement agent shall have authority to arrest and take other investigatory and enforcement actions for any criminal offense: Occurring, encountered, or otherwise discovered on the premises of, or elsewhere when the conduct relates to, a location under application for or holding a permit issued by the North Carolina Alcoholic Beverage Control Commission or the North Carolina Education Lottery Commission. Encountered or otherwise discovered while investigating or enforcing matters for the North Carolina Alcoholic Beverage Control Commission or the North Carolina Education Lottery Commission or encountered or otherwise discovered while investigating or enforcing the provisions of this Chapter, Chapter 18C of the General Statutes, G.S. 14-313, or Parts 1 and 2 of Article 37 of Chapter 14 of the General Statutes. Encountered or otherwise discovered while carrying out any duty or function assigned to the Division by law. Occurring in an agent's presence. When assisting another law enforcement agency. Authority. - Alcohol law-enforcement agents have authority as peace officers to execute criminal process, respond to and take enforcement action for any crime of violence or breach of the peace, and any additional duties as may from time to time be directed by the Governor or the Secretary of Public Safety when needed for security purposes at a public event or to protect persons or property because of a disaster or state of emergency. Primary Responsibilities. - The primary responsibilities of an alcohol law-enforcement agent are the enforcement of this Chapter, Chapter 18C of the General Statutes, G.S. 14-313, and Parts 1 and 2 of Article 37 of Chapter 14 of the General Statutes. Territorial Jurisdiction. - An alcohol law-enforcement agent is a State officer with jurisdiction throughout the State. Service of Commission Orders. - Alcohol law-enforcement agents may serve and execute notices, orders, or demands issued by the Alcoholic Beverage Control Commission or the North Carolina State Lottery Commission for the surrender of permits or relating to any administrative proceeding. While serving and executing such notices, orders, or demands, alcohol law-enforcement agents shall have all the power and authority possessed by law-enforcement officers when executing an arrest warrant. Discharge. - Alcohol law-enforcement agents are subject to the discharge provisions of G.S. 18B-202. Repealed by Session Laws 1995, c. 507, s. 6.2(a). Shifting of Personnel From One District to Another. - The Director of the Alcohol Law Enforcement Division may, from time to time, shift the forces from one district to another or consolidate more than one district force at any point for special purposes. Whenever an agent of the Alcohol Law Enforcement Division is transferred from one district to another for the convenience of the State or for reasons other than the request of the agent, the Department shall be responsible for transporting the household goods, furniture, and personal apparel of the agent and members of the agent's household. History (1939, c. 158, s. 514; 1943, c. 400, s. 6; 1949, c. 974, ss. 11, 14; c. 1251, s. 4; 1951, c. 1056, s. 1; c. 1186, ss. 1, 2; 1953, c. 1207, ss. 2-4; 1957, c. 1440; 1961, c. 645; 1963, c. 426, ss. 1, 2, 4, 5, 12; 1967, c. 868; 1971, c. 872, s. 1; 1977, c. 70, s. 17; 1981, c. 412, s. 2; 1983, c. 629, s. 1; c. 768, ss. 25.1, 25.2; 1995, c. 466, s. 2; c. 507, s. 6.2(a); 2005-276, ss. 31.1(y), 31.1(z); 2005-344, ss. 10.1(b), 10.1(c); 2006-264, s. 35; 2011-145, s. 19.1(z); 2011-391, s. 43(j); 2012-83, s. 3; 2014-100, s. 17.1(www); 2018-5, s. 16B.3(b); 2019-203, s. 4.) Editor's Note. - Session Laws 2014-100, s. 15.2A(a), provides: "The North Carolina Alcoholic Beverage Control Commission is hereby transferred to the Department of Public Safety. This transfer shall have all of the elements of a Type II transfer, as described in G.S. 143A-6 , except that the management functions of the ABC Commission shall not be performed under the direction and supervision of the Secretary of the Department of Public Safety." Session Laws 2014-100, s. 17.1(uuu), provides: "The Alcohol Law Enforcement Section shall be relocated as a branch under the State Bureau of Investigation." Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2018-5, s. 16B.3(c), made the amendment of subsection (b) of this section by Session Laws 2018-5, s. 16B.3(b), effective July 1, 2018, and applicable to offenses committed on or after that date. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.7, is a severability clause. Effect of Amendments. - Session Laws 2005-344, ss. 10.1(b) and (c), as added by Session Laws 2005-276, ss. 31.1(y) and (z), effective August 31, 2005, in subsection (b), inserted "lottery laws" in the second sentence; and in subsection (d), inserted "Alcoholic Beverage Control Commission or the North Carolina State Lottery." Session Laws 2006-264, s. 35, effective August 27, 2006, added the last sentence in subsection (a). Session Laws 2011-145, s. 19.1(z), effective January 1, 2012, substituted "Secretary of the Department of Public Safety" for "Secretary of Crime Control and Public Safety" throughout subsections (a) and (b); and in the last sentence in subsection (a), substituted "employees of the Alcohol Law Enforcement Section" for "employees of the Division of Alcohol Law Enforcement" and inserted "Section." Session Laws 2011-391, s. 43(j), effective July 1, 2011, deleted "the Department of" preceding "Public Safety" throughout the section. Session Laws 2012-83, s. 3, effective June 26, 2012, added subsection (g). Session Laws 2014-100, s. 17.1(www), effective July 1, 2014, throughout the section substituted "Director of the State Bureau of Investigation" or "Director" for "Secretary of Public Safety," substituted "Alcohol Law Enforcement Branch" for "Alcohol Law Enforcement Section" and "Head of the Alcohol Law Enforcement Branch" for "the Director of Alcohol Law Enforcement Section" and made related changes; and, in subsection (b), rewrote the second sentence. Session Laws 2018-5, s. 16B.3(b), added "and G.S. 14-313 regarding youth access to tobacco products" in subsection (b). For effective date and applicability, see editor's note. Session Laws 2019-203, s. 4, effective October 1, 2019, rewrote subsection (a); deleted the second sentence of subsection (b); added subdivisions (b)(1) through (b)(5); added subsections (b1) and (b2); rewrote subsection (g); and made a stylistic change.