§ 18B-900. Qualifications for permit. - North Carolina Statutes

Article 9.

Issuance of Permits.

§ 18B‑900. Qualifications for permit.

(a)        Requirements. – Tobe eligible to receive and to hold an ABC permit, a person shall:

(1)        Be at least 21 yearsold, unless the person is a manager of a business selling only malt beveragesand unfortified wine, in which case the person shall be at least 19 years old;

(2)        Be a resident ofNorth Carolina unless:

a.         He is an officer,director or stockholder of a corporate applicant or permittee and is not amanager or otherwise responsible for the day‑to‑day operation ofthe business; or

b.         He has executed apower of attorney designating a qualified resident of this State to serve asattorney in fact for the purposes of receiving service of process and managingthe business for which permits are sought; or

c.         He is applying for anonresident malt beverage vendor permit, a nonresident wine vendor permit, or avendor representative permit;

(3)        Not have beenconvicted of a felony within three years, and, if convicted of a felony beforethen, shall have had his citizenship restored;

(4)        Not have beenconvicted of an alcoholic beverage offense within two years;

(5)        Not have beenconvicted of a misdemeanor controlled substance offense within two years; and

(6)        Not have had analcoholic beverage permit revoked within three years, except where therevocation was based solely on a permittee's failure to pay the annualregistration and inspection fee required in G.S. 18B‑903(b1).

(7)        Not have, whether asan individual or as an officer, director, shareholder or manager of a corporatepermittee, an unsatisfied outstanding final judgment that was entered againsthim in an action under Article 1A of this Chapter.

To avoid undue hardship, however,the Commission may decline to take action under G.S. 18B‑104 against apermittee who is in violation of subdivisions (3), (4), or (5).

(b)        Definition ofConviction. – A person has been "convicted" for the purposes ofsubsection (a) when he has been found guilty, or has entered a plea of guiltyor nolo contendere, and judgment has been entered against him. A felonyconviction in another jurisdiction shall disqualify a person from beingeligible to receive or hold an ABC permit if his conduct would also constitutea felony in North Carolina. A conviction of an alcoholic beverage offense ormisdemeanor drug offense in another jurisdiction shall disqualify a person frombeing eligible to receive or hold an ABC permit if his conduct would constitutean offense in North Carolina, unless the Commission determines that under NorthCarolina procedure judgment would not have been entered under the samecircumstances. Revocation of a permit in another jurisdiction shall disqualifya person if his conduct would be grounds for revocation in North Carolina.

(c)        Who Must Qualify;Exceptions. – For an ABC permit to be issued to and held for a business, eachof the following persons associated with that business must qualify undersubsection (a):

(1)        The owner of a soleproprietorship;

(2)        Each member of afirm, association or general partnership;

(2a)      Each general partnerin a limited partnership;

(2b)      Each manager and anymember with a twenty‑five percent (25%) or greater interest in a limitedliability company;

(3)        Each officer,director and owner of twenty‑five percent (25%) or more of the stock of acorporation except that the requirement of subdivision (a)(1) does not apply tosuch an officer, director, or stockholder unless he is a manager or isotherwise responsible for the day‑to‑day operation of the business;

(4)        The manager of anestablishment operated by a corporation other than an establishment with onlyoff‑premises malt beverage, off‑premises unfortified wine, or off‑premisesfortified wine permits;

(5)        Any manager who hasbeen empowered as attorney‑in‑fact for a nonresident individual orpartnership.

(d)        Manager of Off‑PremisesEstablishment. – Although he need not otherwise meet the requirements of thissection, the manager of an establishment operated by a corporation and holdingoff‑premises permits for malt beverages, unfortified wine, or fortifiedwine shall be at least 19 years old and shall meet the requirements ofsubdivisions (3), (4), (5) and (6) of subsection (a).

(e)        Convention Centers.– With the approval of the Commission, the manager of a convention center maycontract with another person to provide food and beverages at conventions andbanquets at the convention center, and that person may engage in the activitiesauthorized by the convention center's permit, under conditions set by theCommission. The person with whom the convention center contracts must meet thequalifications of this section. (1949, c. 974, ss. 1, 2; 1963, c. 119; c. 426, s. 12;1965, c. 326; 1971, c. 872, s. 1; 1973, c. 758, s. 2; c. 1012; 1975, c. 19, s.5; 1977, c. 70, s. 19.1; c. 668, s. 3; c. 977, ss. 1, 2; 1979, c. 286, s. 4;1981, c. 412, s. 2; c. 747, ss. 53, 54; 1981 (Reg. Sess., 1982), c. 1262, ss.13, 14; 1983, c. 435, ss. 32, 39; 1987, c. 136, ss. 7, 8; 1993, c. 415, s. 10;1995, c. 466, s. 6; 2004‑203, s. 25(a).)