North Carolina § 18B-701 - Powers and duties of local ABC boards.

§ 18B-701. Powers and duties of local ABC boards.

Powers. - A local board shall have authority to do all of the following: Buy, sell, transport, and possess alcoholic beverages as necessary for the operation of its ABC stores. If a local board provides delivery of spirituous liquor to a mixed beverages permittee, the local board may use its employees or contract with an independent contractor and may charge a fee to the permittee. A mixed beverage permittee may contract with an independent contractor to provide delivery of spirituous liquor from an ABC board's store or warehouse to the permittee's premises. Adopt rules for its ABC system, subject to the approval of the Commission. Hire and fire employees for the ABC system. Designate one employee as manager of the ABC system and determine his responsibilities. Require bonds of employees as provided in the rules of the Commission. Operate ABC stores as provided in Article 8. Issue purchase-transportation permits as provided in Article 4. Employ local ABC officers or make other provision for enforcement of ABC laws as provided in Article 5. Borrow money as provided in G.S. 18B-702. Buy and lease real and personal property, and receive property devised or given, as necessary for the operation of the ABC system. Invest surplus funds as provided in G.S. 18B-702. Dispose of property in the same manner as a city council may under Article 12 of Chapter 160A of the General Statutes. Perform any other activity authorized or required by the ABC law. Duties. - A local board shall have the duty to comply with all rules adopted by the Commission pursuant to this Chapter and meet all standards for performance and training established by the Commission pursuant to G.S. 18B-203(a)(20) and (21). Failure to comply with Commission rules shall be cause for removal. History (1937, c. 49, ss. 10, 12; cc. 411, 431; 1939, c. 98; 1957, cc. 1006, 1334; 1963, c. 1119, s. 2; 1967, c. 1178; 1969, cc. 118, 902; 1971, c. 872, s. 1; 1973, cc. 85, 185; c. 1000, ss. 1, 2; 1977, c. 618; 1979, c. 467, s. 20; c. 617; 1981, c. 412, s. 2; 2010-122, s. 17; 2011-284, s. 13; 2019-182, s. 25(a).) Local Modification. - Town of Chadbourn: 1989 (Reg. Sess., 1990), c. 895, s. 5. Editor's Note. - Session Laws, 1981, c. 412, which repealed former Chapter 18A and enacted this Chapter in lieu thereof, provided in s. 7 that all local, public-local, and private acts in conflict with this section would be repealed. 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. 25(c), made the amendment of subsection (a) by Session Laws 2019-182, s. 25(a), effective September 1, 2019, and applicable to deliveries made on or after that date. Session Laws 2019-182, s. 28, is a severability clause. Effect of Amendments. - Session Laws 2010-122, s. 17, effective October 1, 2010, in the section heading, inserted "and duties"; added the subsection (a) designation, and therein added the heading "Powers"; and added subsection (b). Session Laws 2011-284, s. 13, effective June 24, 2011, substituted "devised" for "bequeathed" in subdivision (a)(10). Session Laws 2019-182, s. 25(a), substituted "to do all of the following" for "to" in subsection (a); added the last two sentences in subdivision (a)(1); and made stylistic changes. For effective date and applicability, see editor's note. Legal Periodicals. - For article, "A History of Liquor-by-the-Drink Legislation in North Carolina," see 1 Campbell L. Rev. 61 (1979).