North Carolina § 18B-800 - Sale of alcoholic beverages in ABC stores.

§ 18B-800. Sale of alcoholic beverages in ABC stores.

Spirituous Liquor. - Except as provided in Articles 10 and 11 of this Chapter, spirituous liquor may be sold only in ABC stores operated by local boards. Fortified Wine. - In addition to spirituous liquor, ABC stores may sell fortified wine. ABC stores may also sell wine products, irrespective of alcohol content by volume, which were classified as fortified wine by the ABC Commission prior to July 7, 2004. Commission Approval. - No ABC store may sell any alcoholic beverage which has not been approved by the Commission for sale in this State. Special Orders of Special Items. - Through the process established by rule of the Commission for special orders of spirituous liquor that are on the special item list approved by the Commission, ABC stores shall allow the purchase of individual bottles of spirituous liquor. ABC stores may sell in store any bottles it receives from a special item case in excess of what was purchased by the requesting customer. Orders of Eligible Distillery Products by Mixed Beverages Permittees. - A local board shall fulfill an order by a mixed beverages permittee for individual bottles or cases of spirituous liquor produced by an eligible distillery that are listed as a regular code item for sale in the State. If a local board cannot fulfill an order of a mixed beverages permittee for individual bottles or cases of spirituous liquor produced by an eligible distillery that are listed as a regular code item for sale in the State because the product ordered is not in the local board's stock inventory or the order cannot otherwise be fulfilled within the time period requested by the permittee, the local board shall notify the Commission within 48 hours of the request for the order and request authorization for direct shipment. The Commission shall then determine if the eligible distillery desires to directly ship the ordered product directly to the local board, and if so the Commission shall authorize the eligible distillery to ship the spirituous liquor ordered to the local board for the fulfillment of the mixed beverages permittee's order. Merchandise authorized to be shipped by direct shipment under this subsection shall be consigned by the State ABC warehouse to the distiller's account in care of the local board. The local board shall acknowledge receipt of the merchandise on the shipping documents and forward them to the State ABC warehouse for processing through the accounting system as though the merchandise were shipped from the State ABC warehouse. As used in this subsection, an "eligible distillery" is a distillery (i) that sells, to consumers at the distillery, to exporters, to local boards, and to private or public agencies or establishments of other states or nations, fewer than 10,000 proof gallons of in-house brand spirituous liquors distilled and manufactured by it at the permit holder's distillery per year, and (ii) that is either the holder of a distillery permit pursuant to G.S. 18B-1105 or is a business located outside the State that is licensed or permitted to manufacture spirituous liquor in the jurisdiction where the business is located and whose products are lawfully sold in this State. Expired. Each ABC store shall display spirits which are distilled in North Carolina in an area dedicated solely to North Carolina products. History (1981, c. 412, s. 2; 1985, c. 59, s. 1; 1989, c. 800, s. 21; 2004-135, s. 4; 2010-31, s. 14.12(a); 2015-98, s. 4(f); 2017-87, s. 1(c); 2019-182, s. 3(a).) 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 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'." Session Laws 2010-31, s. 32.6 is a severability clause. Session Laws 2015-98, s. 4(h), provides: "No later than October 1, 2015, the ABC Commission shall establish and adopt temporary rules to implement the provisions of this section." Session Laws 2015-98, s. 4(i), made the insertion of "and G.S. 18B-1105(a)" in subsection (a) of this section by Session Laws 2015-98, s. 4(f), effective upon adoption of rules pursuant to Session Laws 2015-98, s. 4(h). The Revisor is informed that rules were adopted. Session Laws 2017-87, s. 1(d), provides: "The Alcoholic Beverage Control Commission shall adopt temporary rules to amend its rules consistent with this section." Session Laws 2017-87, s. 19(a), (b), provides: "(a) Except as otherwise provided, the Alcoholic Beverage Control (ABC) Commission shall adopt temporary rules to implement the provisions of this act. Temporary rules adopted in accordance with this section shall remain in effect until permanent rules that replace the temporary rules become effective. "(b) Any rule or policy adopted by the ABC Commission that does not comply with the provisions of this act shall be null, void, and without effect." Session Laws 2019-183, s. 3(b), (c), provides: "(b) 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. "(c) The ABC Commission shall amend its rules consistent with this section." Session Laws 2019-182, s. 3(d), made subsections (c1) and (c2), as added by Session Laws 2019-182, s. 3(a), effective September 1, 2019, and applicable to special orders placed on or after that date. Session Laws 2019-182, s. 28, is a severability clause. Effect of Amendments. - Session Laws 2004-135, s. 4, effective October 1, 2004, added the last sentence of subsection (b). Session Laws 2010-31, s. 14.12(a), effective October 1, 2010, added subsection (e). Session Laws 2015-98, s. 4(f), inserted "and G.S. 18B-1105(a)" in subsection (a). For effective date, see editor's note. Session Laws 2017-87, s. 1(c), effective July 1, 2017, substituted "Articles 10 and 11" for "Article 10" in subsection (a). Session Laws 2019-182, s. 3(a), added subsections (c1) and (c2). For effective date and applicability, see editor's note.