An overview of North Carolina’s
Alcoholic Beverage Control Laws,
Rules and Information
QUICK GUIDE
for Retail Permittees
NORTH CAROLINA
ALCOHOL BEVERAGE
COMMISSION
NORTH CAROLINA
COMMISSION
ABC
https://www.abc.nc.gov
ABC Retail Guide for
North Carolina Permittees for
Responsible Sales of Alcohol
NORTH CAROLINA
ALCOHOLIC BEVERAGE CONTROL
LAWS, RULES AND INFORMATION
NC ABC Commission
Physical: 400 East Tryon Road, Raleigh NC 27610
Mail: 4307 Mail Service Center, Raleigh NC 27699-4307
919-779-0700-main | 919-662-3583-fax
https://abc.nc.gov
Edition: April 2024
Disclaimer: This guide provides a general overview of North
Carolina’s ABC laws, rules, and best practices for serving
alcohol legally and responsibly. This guide is intended to serve as
general information, not legal advice. Every ABC permit holder
is responsible for following North Carolina General Statutes and
ABC regulations.
North Carolina’s alcoholic beverage control laws are found in Chapter18B
of the North Carolina General Statutes. The ABC Commission’s rules are
found within the North Carolina Administrative Code, Title 14B, Chapter
15. The laws and rules are available online on the Commission’s website,
https://www.abc.nc.gov/legal/laws-rules-and-resources or by purchasing a
copy of the Alcoholic Beverage Control Laws and Rules of North Carolina
from the Commission, link found here https://www.abc.nc.gov/education/
educational-materials.
In general, alcoholic beverage laws and rules control activities that take
place in bars, restaurants, stores, and other locations where alcoholic
beverages are sold. They are designed for the safety and welfare of your
customers. The ABC Commission is responsible for making sure permittees
comply with permit requirements.
As an ABC permit holder, you play an important role in keeping the public
safe. It is your responsibility to ensure that employees and patrons are
complying with NC laws and rules regarding the sale, possession, storage,
and consumption of all alcoholic beverages on the licensed premises.
The ABC Commission is responsible for making sure permittees comply
with permit requirements. The ABC Commission strives to provide helpful
information to assist permitted establishments to operate within North
Carolina’s laws. This guide is designed to help you better understand
some of North Carolina’s laws and rules regarding running a business
that sells alcoholic beverages. Please remember the laws and rules are the
nal authority regarding selling and serving alcoholic beverages in North
Carolina.
If you have additional questions, you may contact the ABC Commission
or your local ALE District oce for additional information. Contact
information is in this guide.
About
ABC Commission 8
Alcohol Law Enforcement (ALE) 9
ALE Contact Information 10
Quick Glance
Alcoholic Beverages Sales and Consumption 12
Hours of Sale 12
Section 1 - Regulations for All Permit Holders
Employee Age Requirements/Annual Renewals 13
Business Responsibilities 14
Employee Requirements 15
Hiring Restrictions 15
Legal Drinking Age 16
Section 2 - On-Premises Permit Holders
Employee Age Requirement for On-Premises 17
Types of Permits 18
General Requirements 19
Malt Beverages & Wine 19
Mixed Beverages 19
Outdoor Seating 20
Social Districts 20
Amounts Allowed to be Served 21
Private Clubs 22
Restaurants 22
Hotels/Restaurants 22
CONTENTS
6
Section 3 - Off-Premises Permit Holders
EmployeeAgeRequirementsforO-Premises 23
Types of Permits 24
General Requirement 24
Alcohol Consumables 25
Delivery Service Permit 26
Section 4 - Retailers and Wholesalers
Retailers and Wholesalers 27
Section 5 - Preventing Underage Sales
Acceptable Forms of ID’s 30
NC Driver’s License 31
FraudulentIdentication 31
How to Check ID’s 32
Right to Refuse 32
Section 6 - Preventing Sales to Intoxicated Customers
Signs of Impairment 34
Delaying Service Tactics 36
Stopping Service to a Customer 37
Section 7 - Notes 38
CONTENTS
7
8 9
The ABC Commission is an independent state agency administratively
housed in the NC Department of Public Safety with the ABC Chairman
reportingdirectlytotheOceoftheGovernor.TheCommissionprovides
uniform control over the sale, purchase, transportation, manufacture,
consumption, and possession of all alcoholic beverages in the state.
Nationally, North Carolina is one of 17 control states/jurisdictions and is a
member of the National Alcohol Beverage Control Association.
The 171 local ABC boards in North Carolina are established and operated
with no state funds and the board members are appointed by local governing
authorities. The sale of spirituous liquor and fortied wine by the local
ABC boards generates millions of dollars in recurring revenue for both the
state’s General Fund and the local cities and counties where the alcohol
issold.TheABCrevenuemakesameaningfuldierenceincommunities
large and small across North Carolina.
The Commission is made up of the following sections dedicated to serving
the needs of the public and permitted businesses:
Contact Information:
• Commission Email: [email protected]
• Permit Section | [email protected] | 919-948-7941
- Permit Audit Compliance | 919-948-7942
• Pricing & ABC Board Audit Section | [email protected]
- Products | 919-948-7952
- Boards/Pricing | 919-948-7944
• Legal Section 919-948-7943 | [email protected]
• Education Community Outreach Section | [email protected]
- Education Outreach | 919-948-7945
 -PublicAairs/Media | 919-948-7946
-
FREE training: Responsible Alcohol Seller/Server Programs
(RASP), go to
https://abc.nc.gov/Education/RASP
• Finance Section | [email protected] | 919-948-7957
Please feel free to contact the Commission with your questions.
ABC Commission
The enforcement of ABC laws and rules are carried out by the Alcohol
Law Enforcement (ALE)-division of the Department of Public Safety,
ABCocers(localABCboardenforcement),andlocallaw-enforcement
agencies. https://www.ncdps.gov/our-organization/law-enforcement/
alcohol-law-enforcement
These agents have the authority to:
• Inspect licensed premises, or any premises that are in any way
connected, physically or otherwise, to the licensed premises.
• Examine your books and records.
• Take enforcement action that is necessary (criminal or
administrative through the ABC Commission) for unlawful
activities on the premises.
ALE consists of eight (8) districts and the Garner headquarters oce.
ALE agents provide up-to-date information on the ABC laws and rules
and can assist you with questions you may have about your permits(s).
It’s a good idea to become acquainted with your local ALE Special Agent
orlocalalcohollawenforcementocerwhenyoureceiveanABCpermit.
They will be able to help you understand the ABC laws and rules. They
can also provide materials that further cover important laws and rules for
youtobeabletoidentifyfraudulentidenticationsatthepointof sale.
http://www.ncdps.gov/ale
If you have any questions or concerns, feel free to contact your local ALE
DistrictOcedirectly.
Headquarters:
Director: _________________________________________________
Assistant Director for Operations: _____________________________
Assistant Director for Administration: __________________________
Physical:525N.GreeneldParkway,Suite140
Garner, NC 27529
919-733-4060 main | 919-715-7077 fax
Mailing: 4233 Mail Service Center Raleigh, NC 27699-4233
Alcohol Law Enforcement
10 11
Gaming Special Agent in Charge _______________________________
120 Baker Road
Archdale, NC 27263 919-418-9956
District I - Jacksonville
Serving counties: Brunswick, Carteret, Columbus, Craven, Duplin,
Jones, New Hanover, Onslow, Pamlico, and Pender.
Special
Agent in Charge _____________________________________
200 Williamsburg Parkway, Unit 1
Jacksonville, NC 28456 910-939-6167 | 910-3219-0442 fax
District II - Greenville
Serving counties: Beaufort, Bertie, Camden, Chowan, Currituck, Dare,
Edgecombe, Gates, Greene, Halifax, Hertford, Hyde, Lenoir, Martin,
Nash, Northampton, Pasquotank, Perquimans, Pitt, Tyrrell, Wayne,
Wilson, and Washington.
Special Agent in Charge ______________________________________
4660 North Creek Drive, Suite 110
Greenville, NC 27834 252-347-0578 | 252-7561-7218 fax
District III - Hope Mills
Serving counties: Bladen, Cumberland, Hoke, Lee, Moore, Richmond,
Robeson, Sampson, and Scotland.
Special Agent in Charge ______________________________________
3800 South Main Street
Hope Mills, NC 28348 910-778-5732 | 910-425-0235 fax
District IV - Garner
Serving counties: Chatham, Durham, Franklin, Granville, Harnett,
Johnston, Orange, Person, Warren, Vance, and Wake.
Special Agent in Charge ______________________________________
505NorthGreeneldParkway,Suite130
Garner, NC 27529 919-779-8188 | 919-779-8139 fax
Alcohol Law Enforcement
District V - Greensboro
Serving counties: Alamance, Caswell, Davidson, Guilford, Montgomery,
Randolph, Rockingham, and Stokes.
Special Agent in Charge ______________________________________
10-B Wendy Court
Greensboro, NC 27409 336-303-4887 | 336-256-1360 fax
District VI - Harrisburg
Serving counties: Anson, Cabarrus, Cleveland, Gaston, Lincoln,
Mecklenburg, Rowan, Stanly, and Union.
Special Agent in Charge ______________________________________
56 McCachern Blvd, SE
Concord, NC 28025 980-781-3031 |
District VII - Conover
Serving counties: Alexander, Alleghany, Ashe, Avery, Burke, Caldwell,
Catawba, Davie, Forsyth, Iredell, Surry, Watauga, Wilkes, and Yadkin.
Special Agent in Charge ______________________________________
301 10th Street, NW, Suite E102
Conover, NC 28613 828-330-4318 | 828-466-5677 fax
District VIII - Asheville
Serving counties: Buncombe, Cherokee, Clay, Graham, Haywood,
Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk,
Rutherford, Swain, Transylvania, and Yancey.
Special Agent in Charge ______________________________________
300RidgeeldCourt,Suite302
Asheville, NC 28806 828-670-5055 | 828-654-7332 fax
Contact ALE by e-mail: [email protected]
To report anonymously, call 1 -877-ALE-AGENT
Alcohol Law Enforcement
12
Alcoholic Beverage Sales and Consumption:
• Alcoholic beverages may not be sold or served to persons less than 21
years old.
• Alcoholic beverages may not be possessed or consumed by persons less
than 21 years old, regardless of where the alcohol is purchased. If a parent
provides a minor alcohol, it is illegal and not allowed in your establishment.
Exception: NCGS §18B-103 (11).
• Alcoholic beverages may not be sold or served to any person who is
visibly intoxicated.
• Intoxicated persons are not allowed to consume alcoholic beverages on
the licensed premises.
• Alcoholic beverages may not be purchased with the federal Supplemental
Nutrition Assistance food allotment program.
•Freeorreduceddrinkpricescannotbeoeredduringlimitedhours.(i.e.,
happyhourspecials).Specialdrinkpricesmustbeoeredtoallcustomers
for the entire business day and in all areas of the business.
• Certain drink specials or promotions are not allowed. For example: “2 for
1”; “buy 1, get 1”; “buy 1, get 1 for a nickel”; “buy a meal (or anything),
get a free drink” specials are prohibited.
Hours of Sale: § 18B-1004
• Alcohol products can only be sold or served Monday – Saturday between
7 a.m. and 2 a.m. On Sundays, alcohol can only be sold, served, and
consumed after 12:00 pm. However, some local ordinances (cities and/or
counties) allow Sunday sales to begin at 10:00 am. There is a list of Legal
Sales Areas or Local Government Authority on our web site at https://abc2.
nc.gov/Search/PermitLegalSalesArea. Also, please check with your local
city council or county commission.
• If you hold an on-premises permit, alcohol sales must end at 2 a.m., but
customers may consume until 2:30 a.m. All tables, counters and bars are to
be cleared of alcohol products by 2:30 a.m.
• No alcoholic beverage may be removed from the licensed premises at any
time that alcohol sales are not allowed by law.
QUICK GLANCE
Section One
Regulations for All ABC Permit Holders
We are partners in ensuring the responsible sales and service
of alcoholic beverages and preventing sales to underage and
intoxicated persons.
Thank you for taking this responsibility seriously.
Employee Age Requirements: 14B NCAC 15B .0203
• Businesses with any type of malt beverage or wine permit must have an
employee who is always at least 18 years old in charge..
• Businesses with any type of spirituous liquor permit must have an
employee who is always at least 21 years old in charge.
• Permit holders with a Brown Bagging or Special Occasion permit must
always have a person in charge who is at least 21 years old.
Annual permit renewal payments are due April 30 each year
§ 18B-903.
If you need to update your business mailing
address before then, the permittee or site
manager on le should send an email to
[email protected] or scan the QR code
email link. This will ensure you receive
updated information regarding the renewal and
registration process.
13
14 15
Business Responsibilities: § 18B-900, § 18B-1003
• Prominently display your ABC permit(s) and the National Human
TrackingResourceawarenesssignatyourbusinessatalltimes.
• No illegal drugs (any non-prescribed controlled substances) are allowed
on the licensed premises.
• No alcoholic beverage is allowed, unless you have an appropriate ABC
permit.
• Keep your permits active by notifying the Commission of changes to the
mailing address, trade name, manager name, ownership, or if the business
is no longer in operation.
• Customer Conduct: Permittees are responsible for monitoring the conduct
of customers on their premises to include, parking lots and outdoor service
areas.Customerswhoareghting,becomedisorderly,orconductingother
unlawful acts may not be allowed to remain on the premises. They may be
escorted from the premises for any behavior deemed unruly by employees
of the permitted business. Failure to supervise the business is an ABC
violation.
• Business Records: All permittees are required to maintain alcohol
invoices and receipts on the premises for three years and make them
readily available for inspection. These alcohol invoices and receipts must
be kept separate from invoices or receipts for other products and supplies.
• Remodeling: If any changes are made to the physical location, a form is
available for permittees to complete and submit a new diagram.
• Smoking: Smoking, vaping or hookah is not allowed in enclosed areas
of restaurants and bars. For more information on the NC Smoke-Free
Restaurants and Bar law, visit https://tpc.dph.ncdhhs.gov/smokefreenc/.
SECTION 1:
Regulations For All Permit Holders
Employee Requirements:
• No drinking on the job: Employees cannot drink alcoholic beverages
on premises, before, while on duty or even if the business is closed to
customers.Forexample,drinkingabeerwhilesweepingtheoorsafter
closingtimeisnotallowed.Ifano-dutyservercomesintothebusiness
for drinks, they cannot assist in any job duties. Employees who are or have
beendrinkingcannoteectivelyjudgetheageorsobrietyofcustomers.
• Permitees are responsible for actions committed by their employee(s)
during their hours of operation.
• Salesman permit holders are responsible for all sales and delivery made
by their employee(s) during their hours of operation.
Hiring Restrictions:
You cannot hire an employee to sell, serve or distribute alcoholic beverages
who has been:
» convicted of a felony of any kind within the preceding 3 years;
» convicted of a prior felony within the preceding 3 years with no
restoration of citizenship;
» convictedofanalcoholicbeverageoensewithin2years;
» convictedofamisdemeanorcontrolledsubstanceoensewithin2
years.
(DWI is a trac violation, not an ABC violation)
• If you want to hire someone with one of these convictions, you may
submit a waiver in writing to the Commission’s Legal Section. Waivers
are only available in cases of hardship, and the permitee must submit the
request (not the potential employee).
SECTION 1:
Regulations For All Permit Holders
Legal Drinking Age: Article 1A, § 18B-121
In North Carolina, you must be at least 21 years old to consume, possess,
or purchase alcohol. It is illegal to sell or serve alcoholic beverages to
anyone under 21 years old. Parents can not provide alcohol to their
children who are younger than 21 years old.
The permittee and his employees are responsible for complying with
ABC rules and laws. As a business permitted to sell alcohol, it’s your
job to help promote the responsible sale of alcohol by following alcohol
regulations and by refusing to serve underage or intoxicated customers.
Violating the laws and rules surrounding the sale of alcohol can result in
nes,suspensionsorevenrevocationofyourpermit(s).
Further, in some cases, permittees may face costly civil suits and penalties
when they serve customers who are underage and/or intoxicated and later
become involved in a serious accident. Developing sensible guidelines to
protect yourself and your business will help prevent such incidents from
occuring.
Some examples include:
• Does your business have written rules for dealing with intoxicated
customers,checkingidenticationcards,andotherpolicies?
• Do you provide training regularly to your employees so they understand
your policies, how they are to carry them out, and to whom they should
reportproblems?AllapplicantsapplyingforretailABCpermitswillbe
required to provide proof of Responsible Alcohol Seller/Server training
PRIOR to obtaining a temporary ABC permit. To complete our
FREE
Responsible Alcohol Seller/Server Programs (RASP), go to https://abc.
nc.gov/education.
• Do you have your employees sign a copy of your written policies
certifying that they have read and understand them? Provide answers
to any questions the employee may have and always encourage your
employees to discuss problems that may arise in their workday.
• Do you support your employee’s decision to refuse service to an
intoxicatedcustomerand/orthosepresentingfraudulentidentication?
SECTION 1:
Regulations For All Permit Holders
16
Section Two
On-Premises Permit Holders
You are the rst line of defense against underage drinking.
Employee Age Requirements for On-Premises Businesses: 14B NCAC 15B .0203
• Mixed Beverage Permits
Bartenders or other employees who mix drinks containing spirituous
liquor must be at least 21 years old.
• Malt beverage & Wine Permits
Servers who prepare, serve, sell, or deliver alcoholic beverages must be at
least 18 years old.
• Minors (16 & 17 year olds) can work at a permitted business as long as
they do not serve, prepare, sell or deliver any kind of alcoholic beverages.
Be sure to follow all other provisions of employment laws involving minor
employees located in the Wage and Hour Act, Article 2A of Chapter 95.
17
18 19
In addition to regulations for all permit holders (Section 1), on-premises
permit holders have other requirements to follow. On-premises permitted
businesses serve and sell alcoholic beverages for consumption on-site.
These businesses may choose to apply for permits that allow for the
sale of malt beverages, wine and/or mixed beverage drinks, if their local
jurisdiction allows for the sale of these kinds of alcoholic beverages. A full
list of alcohol permits is described at https://abc.nc.gov (under the Permits
& Audit tab).
Types of Permits: § 18B-1001, § 18B-902
• On-premises Malt Beverage Permit allows for the sale of malt beverages,
(0.5% -15% alcohol by volume), for consumption on the business’ licensed
premises.Italsoallowsforo-premisessalesofmaltbeveragesaslongas
they are in the manufacturer’s original container. The permit fee is $400.
• On-premises Unfortied Wine Permitauthorizesthesaleofunfortiedwine
(16% or less alcohol by volume) for consumption at the business’ licensed
premises.Italsoallowsforo-premisessalesofunfortiedwineprovidedit
is in the manufacturer’s original container. The permit fee is $400.
• On-premises Fortied Wine Permit can be issued to the following types
of businesses: restaurants, hotels, bars and private clubs, community
theaters, wineries, convention centers and distilleries allowing for the sale
offortiedwine(morethan16%alcoholbyvolume)forconsumptionon
the business’ licensed premises. It also allows for o-premises sales of
fortiedwineaslongasitisintheoriginalmanufacturer’scontainer.The
permit fee is $400.
• Mixed Beverages Permit can be issued to qualifying restaurants, hotels,
bars, private clubs, convention centers, community theaters, nonprot
organizations, political organizations, sports and entertainment venues
and distillery permit holders. It allows for the sale of mixed alcoholic
beverages for consumption at the licensed premises. It also allows the use
of spirituous liquor purchased under a mixed beverage permit to be used
for culinary purposes. The permit fee is $1,000.
• Special Occasion Permit allows an event host to bring fortied wine
and spirituous liquor onto the licensed premises and serve to guests. The
permit fee is $400.
SECTION 2:
On-Premises Permit Holders
• Limited Special Occasion Permit is used to serve fortied wine or
spiritous liquor to guests for a wedding, birthday party or similar event. It
is valid for 48 hours before and after the occasion. The permit fee is $50.
• Special One-Time Permit can be issued only for a single, limited
circumstanceoractivitysubjecttoconditionsspeciedbytheCommission.
It is only valid for the time period stated on the permit. The fee is $50.
• For a full list of Retail Permit Types: https://www.abc.nc.gov/permits-
audit/general-permit-information/retail-permits/retail-permit-types
General Requirements:
• Any location that holds permits for on-premises alcohol consumption
must have at least two bathrooms in working order for public use. The
permittee can request a waiver.
• On-premises permit holders must recycle all recyclable beverage
containers emptied and/or used on the premises. The permittee can request
a waiver.
• No advertising bearing a specic alcoholic beverage brand name may
be displayed outside your business or in the window of your licensed
premises. Some permissible words are “Beer,” “Cold Beer,” “Draft Beer,”
or “Wine.”
Malt Beverages & Wine:
•Partialbottlesofwinemaybere-corkedorre-cappedandtakenothe
premises by the customer, if during legal hours for sale.
Mixed Beverages:
• Mixed Beverages permits are valid for one year, May 1 to April 30. The
annual deadline for ABC permit renewals and registration is April 30th (of
each year). The renewal fee is $1,000.
• All spirituous liquor must be purchased from the permittee’s assigned
ABC Store in area where the business is located.
• Mixed Beverages permit holders must submit nancial and liquor
inventory reports to the ABC Commission on a schedule set by the
Commission’s Permit Audit Compliance section.
• Each spirituous liquor bottle on the premises must always have a mixed
beverage tax stamp on it.
SECTION 2:
On-Premises Permit Holders
20 21
• Mixed beverage tax stamps must be defaced as soon as the bottle has been
emptied, and the bottle must be immediately disposed of for recycling.
(You can use a Sharpie marker to deface the stamp).
•Rellingorcombiningmultiplespirituousliquorbottlesintoonebottle
is not allowed, even of identical spirits (marrying bottles).
• A mixed drink must contain at least 1 oz. of spirituous liquor, unless the
customer is advised otherwise.
• All mixed beverages must be consumed on the licensed premises.
• Pre-mixing of mixed beverages is only allowed with the ABC Commission’s
prior approval. You must submit your pre-mixed beverage recipes online, at
https://www.abc.nc.gov/permits-audit/audit/audit-forms-and-instructions.
Outdoor Seating:
• If approved by a local ordinance, a licensed premises may be extended
to allow outdoor seating for the possession and consumption of alcoholic
beverages.
• If a permittee extends the premises, the following documents must be
providedtotheirlocalALEDistrictoceandtotheCommission:written
noticationoftheextension,adiagramofthepremisesboundaries,and
written permission by the owner for use of the property.
• The extended area must be visibly and vertically marked.
• The extended area must comply with laws governing accessibility.
Social Districts § 18B-300.1
• Allows customers to consume alcoholic beverages sold by a permittee
in a designated area. The social district registration form can be found at:
https://www.abc.nc.gov/permits/social-district-registration-form/open
•Theconsumptionareasmustbeclearlydenedonpostedsignswithhours
of consumption, ALE jurisdiction and phone number, and a statement of
consumption guidelines.
• Customers may have open containers and be allowed to exit the premises
only when purchased from a permittee located in the social district.
SECTION 2:
On-Premises Permit Holders
• Beverage containers must display the permittee’s trade name where
the alcoholic beverage was sold, social district logo, message “Drink
Responsibly-Be 21”,holdnomorethan16uidouncesandnotbemade
of glass.
• Non-permitted businesses located in the social district may allow customers
with alcoholic beverage containers on its premises when displaying the
social district uniform sign during hours the social district is open.
• Customers may not bring an alcoholic beverage into a non-permitted
business that does not display the uniform sign.
Amounts Allowed to be Served: § 18B-1010
On-premises
• The permittee may sell or serve only one mixed beverage at a time to single
customer for consumption or one shot and one beer together (depending on
the type of boilermaker).
• The permittee mat sell or serve not more than 2 alcoholic beverages (malt
beverage,unfortiedwine,orfortiedwine)atatimetoasinglecustomer
for consumption.
•A pitcher of alcoholic beverages must be served to two or more customers.
• A single carafe or bottle of wine is allowed to be sold to one person.
•Partialbottlesofwinemaybere-corkedorre-cappedandtakenositeby
the customer during legal hours of sale.
In Stadium/Sporting Events Sales
§ 18B-1009
• Seating areas must be clearly designated as part of the licensed premises.
• Documentation of intent to sell malt beverages in seating areas must be
provided to the Commission.
• Food and non-alcoholic beverages must be made available for service in
addition to alcoholic beverages.
•Thepermitteemustcertifystaistrainedonhowtoidentifyunderageand
intoxicated persons and how to refuse the sale of alcoholic beverages to those
persons.
• Employees can not verbally shout out the availability to purchase malt
beverages in the seating areas or stand.
SECTION 2:
On-Premises Permit Holders
22
SECTION 2:
On-Premises Permit Holders
Private Clubs:
• A private club is open to members only and their valid guests.
• New members must submit a written membership application, and the
businessmustkeepitonleifthepersonisamember.
• A membership roster with all members’ names and addresses in alphabetical
order must always be kept on the premises. A roster may be electronic/digital
or an approved membership app. The electronic roster must be accessible
and made available to law enforcement during inspections and upon request.
• Proof of membership (a membership card) must be issued to the member
and kept in their possession. A virtual copy is acceptable.
• Management and employees cannot solicit members to sponsor non-
members who arrive at the door. House guests are not allowed.
Restaurants:
• Food sales must meet or exceed 30% of total food and alcoholic beverages
gross sales sold for on-premises consumption. Malt beverage, wine and
mixed beverage sales are included in the total alcoholic beverage sales.
• There must be a kitchen and an inside dining area with seating for
10 people at a minimum.
Food sales must be always available at times
alcoholic beverages are sold.
Hotels/Restaurants:
• Hotels must have a restaurant either on or closely associated with the
premises.
• Receipts from lodging must be greater than the receipts from alcohol
sales. (for hotels only).
• Lodging receipts do not apply if the restaurant is separately owned or
operated.
• Room service may include mixed beverages, if the person(s) buying and
consuming is at least 21 years old.
Section Three
O-PremisesPermitHolders
While connecting consumers to e-commerce, ensure prevention
of unauthorized alcohol deliveries to underage i.e., in schools,
homes, parks, etc.
Check ID’s Before Selling!
Employee Age Requirements for Off-Premises Businesses:
Minors (16 & 17 year olds) may work at o-premises establishments
malt beverage & wine permits) in any capacity as long as the provision
of employment laws involving minor employees are followed. The
employment laws are located in the North Carolina General Statutes,
Wage and Hour Act, Article 2A of Chapter 95.
23
24 25
SECTION 3:
Off-Premises Permit Holders
In addition to regulations that all permitees (Section 1) mustfollow,o-
premisespermitholdershaveotherrequirementsthatapplytothem.O-
premises permitted businesses sell alcoholic beverages for o premises
consumption.
Types of Permits: § 18B-1001, § 18B-1002 § 18B-902
• O-premises Malt Beverage Permit can be issued to retail businesses
allowing the sale of malt beverages, (0.5% -15% alcohol by volume). It is
soldinthemanufacturer’soriginalcontainer,lled,orrelledinsanitized
container sealed with identifying permittee and date lled/relled, or in
closed containers shipped to individual purchasers. The permit fee is $400.
• O-premises Unfortied Wine Permit allows the retail sale of any
wine or alcohol consumable containing 16% or less alcohol by volume
in manufacturer’s original container, dispensed from tap into sanitized
container sealed with identifying permittee and date lled/relled, or in
closed containers shipped to individual purchasers. The permit fee is $400.
• O-premises Fortied Wine Permit allows the retail sale of any wine or
alcohol consumable containing more than 16% to 24% alcohol by volume
in manufacturer’s original container, or in closed containers shipped to
individual purchasers. The permit fee is $400.
General Requirements:
•Retailbusinessesmaychoosetoapplyforo-premisespermitsthatallow
forthesalesofmaltbeverages,unfortiedwine,andfortiedwine,iftheir
local jurisdiction allows for the sale of these kinds of beverages.
• O-Premises Fortied Wine permits can be issued to food businesses
andwineries.Foodbusinessesarestoresthatselloroerforsalestaple
fooditemsincludingmeat,poultry,sh,fruits,vegetables,breads,cereals,
juices, and dairy products. To qualify as a food business, the store must
maintain a minimum of $1,500 of staple food items. The following foods
are not considered staple food stock: coee, tea, cocoa, carbonated and
non-carbonated drinks, candy, condiments and spices.
SECTION 3:
Off-Premises Permit Holders
• Food inventory must be maintained on the licensed premises and food
may not be stored elsewhere.
•O-premisesmaltbeverage,unfortiedwineandfortiedwine,culinary
permitsarevalid indenitely.Theannual registration fee is $400 and
due by May 1st of each year.
§ 18B-903.
If you need to update your business mailing
address before then, the permittee or site manager
on le should send an email to permits@abc.
nc.gov or scan the QR code email link. This
will ensure you receive updated information
regarding the renewal and registration process.
Alcohol Consumables:
• Any manufactured and packaged ice cream, ice pop, gum based, or gelatin
based food product with at least 0.5 % alcohol.
• Wine based consumable producers require ABC permits to manufacture,
distribute and to sell at retail to customers.
• Malt beverage based consumable producers require ABC permits to
manufacture, distribute and to sell at retail to customers.
• Spirituous liquor based consumables must go through the listing process
with the Commission for distribution through the state warehouse contractor
to local ABC board stores. The ABC stores may only sell to customers or
businesses with Mixed Beverages permits.
Permits@abc.nc.gov
26
SECTION 3:
Off-Premises Permit Holders
Delivery Service Permit: § 18B-1001.4
• May deliver malt beverages, unfortied wine, or fortied wine by an
approved delivery service to a private customer. The delivery service
permit fee is $400.
• A delivery service employee must provide proof to the Commission that
the individual has taken approved training prior to delivering alcoholic
beverages.
• Customers must purchase the alcohol product from the retailer.
• A delivery service employee shall not carry or exchange funds for
payment of alcoholic beverages.
• The delivery service employee must be 16 years or older.
• Delivery is made only:
1. Directly to recipient who is at least 21 years old.
2. If the delivery package hides the manufacturer’s original label,
the outside package shall contain the following (in 26 point or
larger): “CONTAINS ALCOHOLIC BEVERAGES; AGE
VERIFICATION REQUIRED”.
3. During the lawful hours alcohol may be sold, served, and
consumed.
4. Within 50 miles from the authorized retailer’s licensed location.
• Administrative penalties for sales to residence halls at colleges or
universities range from $1,000 to $10,000, depending on frequency of
occurrence.
Section Four
Retailers and Wholesalers
North Carolina laws are designed to protect fair commercial
competition. Relationships between wholesalers and retailers that
result in special prices, gifts, or agreements to sell only particular
brands, are strictly prohibited. Retail permittees may not accept or
request any discounts, gifts, loans, rebates or entertainment from
any alcoholic beverage manufacturer or wholesaler at gratis.
27
29
SECTION 4:
Retailers and Wholesalers
§ 14B NCAC 15C.0709, § 14B NCAC 15C.0711
• Retail permittees must buy malt beverages and wine only from North
Carolina licensed wholesalers.
• Mixed Beverage permittees must buy all spirituous liquor from a local
ABC Store so the mixed beverage tax can be charged on each container
andtheappropriatestampaxed.
• Retail permittees must keep alcoholic beverage invoices for at least three
years. These records must be kept separate from other invoices. Alcohol
invoices shall be kept on the licensed premises, unless the permittee
requests,andtheCommissionapproves,fortheinvoicestobekeptosite.
• Retail permittees may not buy alcoholic beverages on credit – they must
pay on delivery.
• Retail permittees may not have any nancial or wholesale business
association with any spirituous liquor, beer, wine wholesaler, importer, or
manufacturer, or vice versa.
• Retail permittees may not enter into any agreement to sell any brand(s)
of alcoholic beverages to the exclusion of another brand.
• Malt beverage and wine wholesalers may not give, lend, or rent any
xtures,equipment or supplies toretail permittees. However, theymay
sell certain supplies on a cash basis at fair market value.
• Wholesalers may build, rotate, and restock displays and price products
for the retailer of their own brands only.
• Manufacturers and wholesalers may not make any sale of an alcoholic
beverage dependent upon the purchase of any other product.
• Retail permittees may sell or use novelties to advertise the trade name
of an alcoholic beverage (such as T-shirts or hats), but must buy them at
market price.
• Wholesalers may provide point of sale advertising materials or brand
signs to the retailer, if they have no value other than advertising. They
cannot be customized for the retailer. Industry representatives can give
usable items, like coasters, to retailers who use them under drinks for
customers.
28
Section Five
Preventing Underage Sales
The NC community of responsible alcohol sellers and servers are
the rst line of defense against underage drinking.
https://www.talkitoutnc.org
Applicants are required to complete an approved alcohol beverage
seller/server training course prior to receiving temporary permits.
We oer free seller/server alcohol education training.
https://abc.nc.gov/Education/RASP.
30 31
SECTION 5:
Preventing Underage Sales
Acceptable Forms of Identication: §18B-302, 15B.0224
In North Carolina, there are only four acceptable forms ofidentication
a permittee or employee can accept to sell alcoholic beverages. Each
includes date of birth for age calculation and physical description of
the person named on the document. Otherformsofidenticationcannot
be used as a defense when receiving an alcohol violation for selling to or
serving alcoholic beverages to someone under 21 years of age. Photocopies
are not permitted.
1. Current driver’s license from North Carolina or other states. The 60
day-TemporaryDrivingCerticatereceivedduringrenewalofNCdriver
license, may be used only for driving purposes. It cannot be used for
identication.NCdriver’slicensecardsarecoatedinprotective,bendable
and waterproof synthetic Teslin material with high-resolution graphics,
laser-etched verbiage and overlapping “ghost images” in various colors.
2. U.S. Military/Common Access Card (CAC) Identication are white
plastic cardstock with embedded security features and physical description
on front and back of card.
3. State Identication Card from a state Division of Motor Vehicle or
similaragencyauthorizedtoissueocialspecialidenticationcardsfor
that state. NC State ID card holders are not permitted to operate a motor
vehicle. The REAL ID Act allows only one driver’s license or an ID card
in one state, not both.
4. Ocial passport issued by any nation. Passports may be in the booklet
or card form.
SECTION 5:
Preventing Underage Sales
NC Driver’s Licenses: § GS 20-7
NorthCarolinadriver’slicensesandstateidenticationcardsareprinted
vertically to make it easier to identify persons under age 21. The border
under the holder’s photo shows the date that the person turns 18 years
old and/or 21 years old. The NC REAL ID’s (with gold star) may provide
access to federal facilities and/or airlines without additional documentation
requirements.
Vertical-Red and Yellow bar
• Underage (ages 15-17) Do not sell tobacco or alcohol.
Vertical-Yellow bar
• Underage (ages 18-20) Legal for tobacco sale. Do not
sell alcohol.
• DL issued to a person under the age of 18 expires 60 days
followingtheperson’stwenty-rstbirthday.Calculateandconrmthe
age for those who have turned 21 and have not yet renewed their DL
or State ID.
Horizontal
• Legal for tobacco and alcohol (ages 21 and over).
Fraudulent Identication: ‘Fake ID is Illegal ID’
The most common form of ID that you will see is a driver’s license. Be
aware there are sophisticated productions of ILLEGAL identications.
Takeextracarewhencheckingtheidenticationpresentedtoyou.Ifyou
see a violation and you want to report it anonymously, contact Alcohol
Law Enforcement at: (877)-ALE-AGENT.
•Altered driver’s license
•Altered identication document
•Driver’s license issued to another person
•Identication document issued to another person
Using a Fake ID, allowing an underage to use your DL to attempt to
purchase or to purchase alcoholic beverages or attempt to enter a business
that serves alcoholic beverages can result in a criminal conviction and
revocation of the driver’s license. Informing employers and schools of a
criminal record is requirement.
32 33
SECTION 5:
Preventing Underage Sales
How to Check ID’s:
FEEL: Have customer remove ID from wallet. Is there another ID leftt
inthewallet?Inspectedgesforsmooth,uniformedges.Rough,diering
smoothnessorthicknessorimsymaterialareFakeIDindicators.
LOOK: Compare the photograph and physical description to the person
standinginfrontofyou.Aretheythesameperson?Peoplemaygainorlose
weight,changetheirhairstyle,andevenweardierentcolorcontactson
their eyes, but their height will stay the same. Compare the larger picture
with the ghost image/watermark of the picture in the bottom corner. Do
theymatch?Checkforinconsistentfonts.Arethefontsaligned,meaning
that the rst letter in each row lines up with the row above it? Is the
magneticstriptransparentunderlight?ThesearesomeFakeIDindicators.
ASK:Howoldareyou?Whatisyourbirthdate?Whatistheapartmentor
housenumber?InwhatstatewastheIDissued?
GIVE: If the ID passes your screening process, return it to the customer
and complete the transaction. If it does NOT pass, follow your company
policy.
Items, such as wrist bands or ink stamps, are not considered reasonable
indicators of age for the sale of alcoholic beverages.
Right to Refuse:
§18B-305
• The Customer Isn’t Always Right! No one under 21 is allowed to
purchase, receive, or consume alcohol at your bar, restaurant, or store. It
doesn’t matter if a parent gives their child alcohol or the child sneaks it;
whether a minor drinks in their own home or at your business, it is illegal
for someone under 21 to consume, purchase or in possession of alcohol.
• Employees can lawfully refuse to sell alcoholic beverages to any
person. If you’re unsure of their age or level of intoxication, you do not
have to sell.
• Does your business have written rules for dealing with underage and
intoxicatedcustomers,forcheckingidenticationcards,andotherpolicies?
Section Six
Preventing Sales to the Intoxicated
It is unlawful to knowingly serve/give or sell an alcoholic beverage
to anyone who is already drunk, intoxicated, or impaired.
Everyone’s driving is impaired at a blood alcohol concentration, or
BAC, of 0.08 percent, but many people are aected at much lower levels.
Research shows that the risk of being involved in a crash increase when
the alcohol level is 0.05 percent, and at 0.08 percent, the risk of causing
a fatal crash is even greater. (Source: NCDOT.GOV)
Historically, “dramshop” referred to a pub that sold alcoholic beverages by
a unit of liquid measure-dram. ‘Dram Shop Liability’ laws hold permitted
businesses accountable and liable for serving or selling alcohol to minors
or intoxicated persons resulting in death, injuries, or property damage
caused by intoxication.
‘Social Host Liability’ laws hold the host of a private function where
alcohol is provided at fault for injuries or death caused by a minor or an
observably intoxicated person to whom they were the host.
34 35
SECTION 6:
Preventing Sales to Intoxicated Customers
Howcanyoutellifacustomerhashadtoomuchtodrink?Itisimportant
to know the signs of impairment, regardless of where you work.
Alcoholaectseveryone dierently.Thesamecustomercaneven react
dierentlyatdierenttimestothesamenumberofdrinks.Acustomer’s
reactions to alcohol can depend on how fast they are drinking, the amount
of food they have consumed, their mood, or even the type of mixer used.
Itmaybediculttodecidewhentorefuseserviceandevenmoredicult
to carry out your decision, especially when you are turning away a good
customer. Many times, you will have to rely on your own good judgment.
The key is to observe each customer carefully.
Signs of Impairment:
Physical Coordination
The Drink Spiller: Swaying or drowsy, less muscle control. Spilling
drinks can be a sign of impairment, especially if it happens more than
once. This may show that your customer has lost muscle control. Watch to
see if the customer’s mouth misses the glass.
The Money Fumbler: Carelessness or clumsiness with money also can
be a warning sign. Watch to see if your customer is dropping cash on the
oor,hastroublepickingitup,orcan’tcountouttherightamounttopay
for a drink.
The Stumbler: Loss of balance or coordination, slow and deliberate
movement. Unsteady gait/walking is an obvious sign that your customer
has had too much to drink. Watch for customers who are bumping into
tables or into other customers.
Physical Appearance
Red, watery eyes
Sweating
Lack of eye focus
Disheveled clothing
Droopy eyelids
Flushed (red) face
SECTION 6:
Preventing Sales to Intoxicated Customers
Behavior & Personality Changes
The Agitator: Aggressive, obnoxious, or emotional behavior. You don’t
have to watch closely to recognize loud and angry behavior as a sign of
impairment. Some customers who have had too much to drink will become
loud,pickghts,andusefoullanguage.Somewillbecomeargumentative
about service, the cost of drinks, or the way the drinks were mixed.
The Entertainer: Overly friendly behavior. Some customers become
very friendly when they are drinking. A person who becomes unusually
entertaining and boisterous can be just as intoxicated as someone who is
causing trouble. Watch for customers who are buying rounds of drinks for
strangers. Excessive bragging may also be a giveaway.
The Loner: Drinking more or faster than usual. Too many drinks can make
some people sullen and withdrawn. Keep an eye out for customers who
lose their concentration and train of thought during conversation. They
will also often avoid eye contact. Look for signs of depression or fatigue,
such as a bobbing head or drooping eyelids. This could signal illness or
that the customer is on medication.
Speech Patterns
Talk with your customers. If you don’t already know them, it will help you
to recognize any changes in their speech as they are consuming alcoholic
beverages. Watch for these changes in their speech pattern.
• Loud or changes in the volume of their speech,
• Slurred Speech,
• Changing pace of speech (quick, slow),
• More talkative,
• Irrational statements or spoken thoughts,
• Losing train of thought,
• Belligerent.
36 37
SECTION 6:
Preventing Sales to Intoxicated Customers
Remember, NC laws say you cannot serve alcohol to anyone who is
obviously intoxicated or impaired. However, you can allow an intoxicated
customer to remain on the permitted premises if they are not consuming
alcoholicbeverages orbeing disorderly. Oerthem somefood orother
beverages if you’d like them to stay.
Refusing to serve a customer can be very dicult. Even your regular
customers, whose business is important to you, might become intoxicated.
It is important to remember that an intoxicated customer can become
a liability – either inside or outside your business. It’s your job as a
responsible seller and local business to protect your customers and the
community.Youdon’twantacustomertodriveundertheinuence–your
actions could save a life.
Delaying Tactics:
Early action on your part may prevent the customer from becoming a
problem. Keep note of how many drinks your customers have consumed.
Generally, it takes about an hour for the body to process a standard drink.
Always be on the lookout for early signs of intoxication. Try these delaying
tactics to help alcohol work its way through the customer’s system.
• Slow Service Down. Casually avoid the customer’s table. Delay ordering
and serving drinks by busying yourself with other tasks.
• Suggest Food. Encourage the customer to eat food. Food may slow
down the absorption of alcohol and takes up time that the customer isn’t
drinking.
• Suggest Non-alcoholic Drinks. Encourage the customer to drink a soft
drink,water,orcoee.Befriendlyandtrynottooendyourcustomer.
Serving a watered-down drink is not a good “compromise”.
It is illegal to serve alcohol to an intoxicated person.
• Gather Support from Others. Talk with others who may be with the
customer to gather support and cooperation. If the customer is alone,
you may wish to inform your manager or fellow server to assist with the
customer.
SECTION 6:
Preventing Sales to Intoxicated Customers
Stopping Service to a Customer:
Refusing service to a customer who may be impaired or intoxicated can
be a delicate issue. When you’ve tried everything to get the person to stop
drinking, it’s time to completely refuse service to the customer.
Establish a management policy and support your sta. Train sta to
notifymanagementbeforecuttingsomeoneo.Makesureallyourservers
know the policy and work together when dealing with an intoxicated
and unruly customer. Most importantly, have a policy in place before an
incident occurs.
Be courteous and friendly but rm when refusing service.
Don’t back down once you decide to lawfully refuse service to the customer.
Be honest with the customer. Let the customer know immediately that
your permit to sell alcoholic beverages and even your job is at risk. Don’t
provokeorembarrassthembymakingstatementswhichmayoendthem,
like, “you’re drunk” or “you’ve had way too much to drink.”
Provide safe transportation home. Ask the customer’s friends to provide
aridehomeoroerafreecab/carshareridehome.Don’tletthecustomer
drive home if he or she is intoxicated. If the customer becomes unruly, call
thelocalALE,police,orsheri.
Driving under the inuence is against the law. A blood alcohol level of
0.08orhighercanresultinaDrivingUndertheInuence(DUI)citation.
Consider a blood alcohol level of (approximately):
0.7 for 1 mixed drink = 1.5 oz. of 80 proof liquor,
12 oz. of 5% beer, or 5 oz. of 12% wine.
Subtract .01% for each 60 minutes that lapses between drinks.
Rememberthatdierentpeopleprocessalcoholdierently.Factorssuch
as age, gender, weight, physical condition, amount of food consumed,
medications, drugs, etc. aects how a person’s body tolerates and
processes alcohol.
Permittees and their employees have the discretion to refuse to sell to
alcoholic beverages to anyone when not based on person’s race, religion,
color, national origin, sex, or disability.
38 39
SECTION 7:
NOTES
SECTION 7:
NOTES
This publication is distributed by the NC ABC Commission and
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