§ 18B-1116. Exclusive outlets prohibited. - North Carolina Statutes

§ 18B‑1116.  Exclusiveoutlets prohibited.

(a)        Prohibitions. – Itshall be unlawful for any manufacturer, bottler, or wholesaler of any alcoholicbeverages, or for any officer, director, or affiliate thereof, either directlyor indirectly to:

(1)        Require that analcoholic beverage retailer purchase any alcoholic beverages from that personto the full or partial exclusion of any other alcoholic beverages offered forsale by other persons in this State; or

(2)        Have any direct orindirect financial interest in the business of any alcoholic beverage retailerin this State or in the premises where the business of any alcoholic beverageretailer in this State is conducted; or

(3)        Lend or give to anyalcoholic beverage retailer in this State or his employee or to the owner ofthe premises where the business of any alcoholic beverage retailer in thisState is conducted, any money, service, equipment, furniture, fixtures or anyother thing of value.

A brewery qualifying underG.S. 18B‑1104(7) to act as a wholesaler or retailer of its own maltbeverages is not subject to the provisions of this subsection concerningfinancial interests in, and lending or giving things of value to, a wholesaleror retailer with respect to the brewery's transactions with the retail businesson its premises. The brewery is subject to the provisions of this subsection,however, with respect to its transactions with all other wholesalers andretailers.

(b)        Exemptions. – TheCommission may grant exemptions from the provisions of this section. Indetermining whether to grant an exemption, the Commission shall consider thepublic welfare, the quantity and value of articles involved, established tradecustoms not contrary to the public interest, and the purposes of this section.

(c)        As used in thissection, the phrase "giving things of value" shall not include thedividing or removing of individual containers of alcohol from larger packagesof alcohol or the delivery of such to the retail permittee. (1945, c. 708, s. 6; 1953, c.1207, s. 1; 1971, c. 872, s. 1; 1981, c. 412, s. 2; c. 747, s. 63; 1993, c.415, s. 25; 2005‑380, s. 3.)