§ 18B-1001. Kinds of ABC permits; places eligible. - North Carolina Statutes

§ 18B‑1001.  Kinds ofABC permits; places eligible.

When the issuance of thepermit is lawful in the jurisdiction in which the premises are located, theCommission may issue the following kinds of permits:

(1)        On‑PremisesMalt Beverage Permit. – An on‑premises malt beverage permit authorizesthe retail sale of malt beverages for consumption on the premises and theretail sale of malt beverages in the manufacturer's original container forconsumption off the premises. It also authorizes the holder of the permit toship malt beverages in closed containers to individual purchasers inside andoutside the State. The permit may be issued for any of the following:

a.         Restaurants;

b.         Hotels;

c.         Eatingestablishments;

d.         Food businesses;

e.         Retail businesses;

f.          Private clubs;

g.         Convention centers;

h.         Community theatres.

Thepermit may also be issued to certain breweries as authorized by G.S. 18B‑1104(7).

(2)        Off‑PremisesMalt Beverage Permit. – An off‑premises malt beverage permit authorizesthe retail sale of malt beverages in the manufacturer's original container forconsumption off the premises and it authorizes the holder of the permit to shipmalt beverages in closed containers to individual purchasers inside and outsidethe State. The permit may be issued for any of the following:

a.         Restaurants;

b.         Hotels;

c.         Eatingestablishments;

d.         Food businesses;

e.         Retail businesses.

(3)        On‑PremisesUnfortified Wine Permit. – An on‑premises unfortified wine permitauthorizes the retail sale of unfortified wine for consumption on the premises,either alone or mixed with other beverages, and the retail sale of unfortifiedwine in the manufacturer's original container for consumption off the premises.It also authorizes the holder of the permit to ship unfortified wine in closedcontainers to individual purchasers inside and outside the State. Ordersreceived by a winery by telephone, Internet, mail, facsimile, or other off‑premisesmeans of communication shall be shipped pursuant to a wine shipper permit andnot pursuant to this subdivision. The permit may be issued for any of thefollowing:

a.         Restaurants;

b.         Hotels;

c.         Eatingestablishments;

d.         Private clubs;

e.         Convention centers;

f.          Cooking schools;

g.         Community theatres;

h.         Wineries;

i.          Wine producers.

(4)        Off‑PremisesUnfortified Wine Permit. – An off‑premises unfortified wine permitauthorizes the retail sale of unfortified wine in the manufacturer's originalcontainer for consumption off the premises and it authorizes the holder of thepermit to ship unfortified wine in closed containers to individual purchasersinside and outside the State. The permit may be issued for retail businesses.The permit may be issued to the holder of a viticulture/enology courseauthorization under G.S. 18B‑1114.4. A school obtaining a permit underthis subdivision is authorized to sell wines manufactured during itsviticulture/enology program at one non‑campus location in a county wherethe permittee holds and offers classes on a regular full‑time basis in afacility owned by the permittee. The permit may also be issued for a winery ora wine producer for sale of its own unfortified wine during hours when thewinery or wine producer's premises is open to the public, subject to any localordinance adopted pursuant to G.S. 18B‑1004(d) concerning hours for theretail sale of unfortified wine. A winery obtaining a permit under thissubdivision is authorized to sell wine manufactured by the winery at oneadditional location in the county under the same conditions specified in G.S.18B‑1101(5) for the sale of wine at the winery; provided, however, thatno other alcohol sales shall be authorized at the additional location. Ordersreceived by a winery by telephone, Internet, mail, facsimile, or other off‑premisesmeans of communication shall be shipped pursuant to a wine shipper permit andnot pursuant to this subdivision.

(5)        On‑PremisesFortified Wine Permit. – An on‑premises fortified wine permit authorizesthe retail sale of fortified wine for consumption on the premises, either aloneor mixed with other beverages, and the retail sale of fortified wine in themanufacturer's original container for consumption off the premises. It alsoauthorizes the holder of the permit to ship fortified wine in closed containersto individual purchasers inside and outside the State. Orders received by awinery by telephone, Internet, mail, facsimile, or other off‑premisesmeans of communication shall be shipped pursuant to a wine shipper permit andnot pursuant to this subdivision. The permit may be issued for any of thefollowing:

a.         Restaurants;

b.         Hotels;

c.         Private clubs;

d.         Community theatres;

e.         Wineries;

f.          Convention centers.

(6)        Off‑PremisesFortified Wine Permit. – An off‑premises fortified wine permit authorizesthe retail sale of fortified wine in the manufacturer's original container forconsumption off the premises and it authorizes the holder of the permit to shipfortified wine in closed containers to individual purchasers inside and outsidethe State. The permit may be issued for food businesses. The permit may also beissued for a winery for sale of its own fortified wine. Orders received by awinery by telephone, Internet, mail, facsimile, or other off‑premisesmeans of communication shall be shipped pursuant to a wine shipper permit andnot pursuant to this subdivision.

(7)        Brown‑BaggingPermit. – A brown‑bagging permit authorizes each individual patron of anestablishment, with the permission of the permittee, to bring up to eightliters of fortified wine or spirituous liquor, or eight liters of the twocombined, onto the premises and to consume those alcoholic beverages on thepremises. The permit may be issued for any of the following:

a.         Restaurants;

b.         Hotels;

c.         Private clubs;

d.         Community theatres;

e.         Congressionallychartered veterans organizations.

(8)        Special OccasionPermit. – A special occasion permit authorizes the host of a reception, partyor other special occasion, with the permission of the permittee, to bringfortified wine and spirituous liquor onto the premises of the business and to servethe same to his guests. The permit may be issued for any of the following:

a.         Restaurants;

b.         Hotels;

c.         Eatingestablishments;

d.         Private clubs;

e.         Convention centers.

(9)        Limited SpecialOccasion Permit. – A limited special occasion permit authorizes the permitteeto bring fortified wine and spirituous liquor onto the premises of a business,with the permission of the owner of that property, and to serve those alcoholicbeverages to the permittee's guests at a reception, party, or other special occasionbeing held there. The permit may be issued to any individual other than theowner or possessor of the premises. An applicant for a limited special occasionpermit shall have the written permission of the owner or possessor of theproperty on which the special occasion is to be held.

(10)      Mixed BeveragesPermit. – A mixed beverages permit authorizes the retail sale of mixedbeverages for consumption on the premises. The permit also authorizes a mixedbeverages permittee to obtain a purchase‑transportation permit under G.S.18B‑403 and 18B‑404, and to use for culinary purposes spirituousliquor lawfully purchased for use in mixed beverages. The permit may be issuedfor any of the following:

a.         Restaurants;

b.         Hotels;

c.         Private clubs;

d.         Convention centers;

e.         Community theatres;

f.          Nonprofitorganizations; and

g.         Politicalorganizations.

(11)      Culinary Permit. – Aculinary permit authorizes a permittee to possess up to 12 liters of eitherfortified wine or spirituous liquor, or 12 liters of the two combined, in thekitchen of a business and to use those alcoholic beverages for culinarypurposes. The permit may be issued for either of the following:

a.         Restaurants;

b.         Hotels.

c.         Cooking schools.

Aculinary permit may also be issued to a catering service to allow thepossession of the amount of fortified wine and spirituous liquor stated aboveat the business location of that service and at the cooking site. The permitshall also authorize the caterer to transport those alcoholic beverages to andfrom the business location and the cooking site, and use them in cooking.

(12)      Mixed BeveragesCatering Permit. – A mixed beverages catering permit authorizes a hotel or arestaurant that has a mixed beverages permit to bring spirituous liquor ontothe premises where the hotel or restaurant is catering food for an event and toserve the liquor to guests at the event.

(13)      Guest Room CabinetPermit. – A guest room cabinet permit authorizes a hotel having a mixedbeverages permit or a private club having a mixed beverages permit andmanagement contracts for the rental of living units to sell to its room guests,from securely locked cabinets, malt beverages, unfortified wine, fortifiedwine, and spirituous liquor. A permittee shall designate and maintain at leastten percent (10%) of the permittee's guest rooms as rooms that do not have aguest room cabinet. A permittee may dispense alcoholic beverages from a guestroom cabinet only in accordance with written policies and procedures filed withand approved by the Commission. A permittee shall provide a reasonable numberof vending machines, coolers, or similar machines on premises for the sale ofsoft drinks to hotel guests.

A guestroom cabinet permit may be issued for any of the following:

a.         A hotel located in acounty subject to G.S. 18B‑600(f).

b.         A hotel located in acounty that has a population in excess of 150,000 by the last federal census.

c.         A qualifying privateclub located in a county defined in G.S. 18B‑101(13a)b.2.

(14)      Brew on PremisesPermit. – A permit may be issued to a business, located in a jurisdiction wherethe sale of malt beverages is allowed, where individual customers who are 21years old or older may purchase ingredients and rent the equipment, time, andspace to brew malt beverages for personal use in amounts set forth in 27 C.F.R.§ 25.205. The customer must do all of the following:

a.         Select a recipe andkettle.

b.         Weigh out the properingredients and add them to the kettle.

c.         Transfer the wort tothe fermenter.

d.         Add the yeast.

e.         Place the ingredientsin a fermentation room.

f.          Filter, carbonate,and bottle the malt beverage.

Apermittee may transfer the ingredients from the fermentation room to the coldroom and may assist the customer in all the steps involved in brewing a maltbeverage except adding the yeast. A malt beverage produced under thissubdivision may not contain more than six percent (6%) alcohol by volume.

(15)      Wine‑TastingPermit. – A wine‑tasting permit authorizes wine tastings on a premisesholding a retail permit, by the retail permit holder or his employee. A winetasting consists of the offering of a sample of one or more unfortified wineproducts, in amounts of no more than one ounce for each sample, without charge,to customers of the business. Any person pouring wine at a wine tasting shallbe at least 21 years of age.

a.         Representatives ofthe winery, which produced the wine, the wine producer, a wholesaler, or awholesaler's employee may assist with the tasting. Assisting with a winetasting includes:

1.         Pouring samples forcustomers.

2.         Checking theidentification of patrons being served at the wine tasting.

b.         When arepresentative of the winery that produced the wine, the wine producer, a winewholesaler, or a wine wholesaler's employee assists in a wine tasting conductedby a retail permit holder:

1.         The retail permitholder shall designate an employee to actively supervise the wine tasting.

2.         A retail permitholder's employee shall not supervise more than three wine‑tasting areas.

3.         No more than sixwines may be tasted at any one tasting area.

4.         The wine tastingshall not last longer than four hours from the time designated as the startingtime by the retail permit holder.

c.         The retail permitholder shall be solely liable for any violations of this Chapter occurring inconnection with the wine tasting. The Commission shall adopt rules to assurethat the tastings are limited to samplings and not a subterfuge for theunlawful sale or distribution of wine, and that the tastings are not used byindustry members for unlawful inducements to retail permit holders. Except forpurposes of this subsection, the holder of a wine‑tasting permit shallnot be construed to hold a permit for the on‑premises sale or consumptionof alcoholic beverages. Any food business is eligible for a wine‑tastingpermit.

(16)      Wine Shop Permit. – Awine shop permit authorizes the retail sale of malt beverages, unfortifiedwine, and fortified wine in the manufacturer's original container forconsumption off the premises, and authorizes wine tastings on the premisesconducted and supervised by the permittee in accordance with subdivision (15)of this section. It also authorizes the holder of the permit to ship maltbeverages, unfortified wine, and fortified wine in closed containers toindividual purchasers inside and outside the State. The permit may be issuedfor retail businesses whose primary purpose is selling malt beverages and winefor consumption off the premises and regularly and customarily educatingconsumers through tastings, classes, and seminars about the selection, serving,and storing of wine. The holder of the permit is authorized to sell unfortifiedwine for consumption on the premises, provided that the sale of wine forconsumption on the premises does not exceed forty percent (40%) of theestablishment's total sales for any 30‑day period. The holder of a wine‑tastingpermit not engaged in the preparation or sale of food on the premises is notsubject to Part 6 of Article 8 of Chapter 130A of the General Statutes.

(17)      Winemaking on PremisesPermit. – A permit may be issued to a business, located in a jurisdiction wherethe sale of unfortified wine is allowed, where individual customers who are 21years old or older may purchase ingredients and rent the equipment, time, andspace to make unfortified wine for personal use in amounts set forth in 27C.F.R. § 24.75. Except for wine produced for testing equipment or recipes andsamples pursuant to this subdivision, the permit holder shall not engage in theactual production or manufacture of wine. Samples may be consumed on thepremises only by a person who has a nonrefundable contract to ferment at thepremises, and the samples may not exceed one ounce per sample. All wineproduced at a winemaking on premises facility shall be removed from the premisesby the customer and may only be used for home consumption and the personal useof the customer.

(18)      Malt Beverage TastingPermit. – A malt beverage tasting permit authorizes malt beverage tastings on apremises holding a retail permit by the retail permit holder or his employee. Arepresentative of the brewery whose beverages are being featured at the tastingshall be present at the tasting unless the wholesaler or a wholesaler'semployee determines that no representative of the brewery needs to be present.A malt beverage tasting consists of the offering of a sample of one or moremalt beverage products, in amounts of no more than two ounces for each sample,without charge, to customers of the business. Any persons pouring malt beverageat a malt beverage tasting shall be at least 21 years of age.

a.         Representatives ofthe brewery which produced the malt beverage, a wholesaler, or a wholesaler'semployee may assist with the tasting. Assisting with a malt beverage tastingincludes:

1.         Pouring samples forcustomers.

2.         Checking theidentification of patrons being served at the malt beverage tasting.

b.         When arepresentative of the brewery that produced the malt beverage, a malt beveragewholesaler, or a malt beverage wholesaler's employee assists in a malt beveragetasting conducted by a retail permit holder:

1.         The retail permitholder shall designate an employee to actively supervise the malt beveragetasting.

2.         A retail permitholder's employee shall not supervise more than three malt beverage tastingareas.

3.         No more than fourmalt beverages may be tasted at any one tasting area.

4.         The malt beveragetasting shall not last longer than four hours from the time designated as thestarting time by the retail permit holder.

c.         The retail permitholder shall be solely liable for any violations of this Chapter occurring inconnection with the malt beverage tasting. The Commission shall adopt rules toassure that the tastings are limited to samplings and not a subterfuge for theunlawful sale or distribution of malt beverages, and that the tastings are notused by industry members for unlawful inducements to retail permit holders.Except for purposes of this subdivision, the holder of a malt beverage tastingpermit shall not be construed to hold a permit for the on‑premises saleor consumption of alcoholic beverages. Any food business is eligible for a maltbeverage tasting permit.  (1945, c. 903, s. 1; 1947, c. 1098, ss. 2, 3; 1949,c. 974, s. 1; 1957, cc. 1048, 1448; 1963, c. 426, ss. 10, 12; c. 460, s. 1; 1971,c. 872, s. 1; 1973, c. 476, s. 128; 1975, c, 586, s. 1; c. 654, ss. 1, 2; c.722, s. 1; 1977, c. 70, s. 19; c. 182, s. 1; c. 669, ss. 1, 2; c. 676, ss. 1,2; c. 911; 1979, c. 348, ss. 2, 3; c. 683, ss. 5, 6, 11, 12; 1981, c. 412, s.2; 1981 (Reg. Sess., 1982), c. 1262, ss. 16, 17, 22; 1983, c. 457, s. 3; c.583, ss. 2‑5; 1985, c. 89, ss. 1‑3; c. 596, s. 1; 1987, c. 391, s.2; c. 434, s. 1; 1989, c. 800, ss. 11, 12; 1991, c. 459, ss. 5, 6; c. 565, ss.1, 7; c. 669, s. 1; 1991 (Reg. Sess., 1992), c. 920, s. 7; 1993, c. 508, s. 5;1995, c. 466, s. 10; c. 509, ss. 16‑18; 1997‑443, s. 16.28; 1997‑467,s. 3; 2001‑262, s. 1; 2001‑487, s. 49(a); 2003‑402, s. 5;2005‑350, ss. 1, 2(a); 2006‑222, s. 2.1; 2006‑227, ss. 1, 9;2006‑264, s. 35.3; 2009‑377, s. 2; 2009‑539, s. 3.)