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§ 18B-1107. Authorization of wine wholesaler permit.

§ 18B‑1107. Authorization of wine wholesaler permit.

(a)        Authorization. – Theholder of a wine wholesaler permit may:

(1)        Receive, possess andtransport shipments of fortified and unfortified wine. The wine must bereceived from one of the following:

a.         A primary Americansource of supply for that wine as recognized by the Commission or as verifiedby the wholesaler.

b.         A licensed NorthCarolina wholesaler who received the wine from a primary American source ofsupply and with whom the second wholesaler has a subcontracting agreement fordistribution of the wine.

c.         Another wholesalerfrom whom the purchasing wholesaler is purchasing the wholesaler's business orfrom whom the wholesaler is purchasing the brand or distribution rights for thewine being received.

d.         Another wholesalerwho also has distribution rights for the wine being received and from whom thewholesaler is acquiring the wine in order to address a temporary inventoryshortage.

(2)        Sell, deliver andship wine in closed containers for purposes of resale to wholesalers orretailers licensed under this Chapter as authorized by the ABC laws.

(3)        Furnish and sellwine to its employees, subject to the rules of the Commission and theDepartment of Revenue.

(4)        In locations wherethe sale is legal, furnish wine to guests and any other person who does nothold an ABC permit, for promotional purposes, subject to rules of theCommission.

(5)        Sell out‑of‑dateunfortified and fortified wines to holders of cider and vinegar manufacturerpermits, provided that each bottle is marked "out‑of‑date"by the wholesaler.

(b)        DistributionAgreements. – Wine distribution agreements are governed by Article 12 of thisChapter. (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; 1983, c. 85, s. 1; 1997‑134,s. 4; 2006‑227, s. 12.)

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