ABC Quick Guide An overview of North Carolina’s Alcoholic Beverage Control Laws, Rules & Information ABC Quick Guide: North Carolina’s Alcoholic Beverage Control Laws, Rules and Information Edition: January 2012 Disclaimer: This guide provides a general overview of North Carolina’s ABC laws, rules and best practices for serving alcohol legally and responsibly. This is a summary only; every ABC permit holder is responsible for following North Carolina’s General Statutes and regulations. NC ABC Commission 4307 Mail Service Center Raleigh, NC 27699-4307 (919) 779-0700 (919) 662-3583 fax http://abc.nc.gov Contents Contents Introduction 4 Section 6 Preventing Underage Sales 17 Section 1 Regulations for All Permit Holders 5 Legal Drinking Age 17 Alcohol Sales & Consumption 5 Acceptable Forms of Identification 17 Hours of Sale 5 Tips for Checking IDs & Spotting a Fake ID 18 Business Responsibilities 6 Stoplight Drivers’ Licenses 18 Employee Requirements 7 How to Check IDs 19 Hiring Restrictions 7 Right to Refuse 19 Employee Age Requirements 7 Section 7 Section 2 On-Premise Permit Holders 8 Preventing Sales to Intoxicated Customers 20 Introduction 8 Introduction 20 Types of Permits 8 Signs of Impairment 20 General Requirements 9 Physical Coordination 20 Beer & Wine 9 Behavior & Personality Changes 21 Mixed Beverages 9 Speech Patterns 21 Amounts Allowed to be Served 10 Refusing Service to a Customer 22 Employee Age Requirements 11 Delaying Tactics 22 Section 3 Additional Regulations for Mixed Cutting Off a Customer 23 12 Beverage Permitted Businesses Section 8 Protecting Your Permit 24 Private Clubs 12 Restaurants 12 Section 9 Alcohol Law Enforcement 26 Hotels/Restaurants 12 About 26 Office Locations & Contact Information 27 Section 4 Off-Premise Permit Holders 13 Introduction 13 Section 10 ABC Commission 29 Employee Age & General Requirements 13 About 29 Amounts Allowed to be Sold 14 Contact Information 29 Section 5 Retailers & Wholesalers 15 There are special risks involved when selling alcohol to the Alcohol Sales & Consumption: 1 Section public. It is a unique product, and that’s why after Prohibition ended, the State of North Carolina chose to strictly control its • Alcohol may not be sold or served to persons less than sale. The ABC Commission issues ABC permits, and works 21 years old. with Alcohol Law Enforcement (ALE) officers to enforce alcohol • Alcohol may not be possessed or consumed by persons laws and rules. less than 21 years old, regardless of where the alcohol is purchased. If a parent provides a minor alcohol, it is In general, alcohol laws and rules control activities that illegal and not allowed in your establishment. (Exception: take place in bars, restaurants, and stores where alcoholic NCGS §18B¬103.11) beverages are sold. They are designed for the safety and Holders Permit All for Regulations general welfare of your customers. They also require the ABC • Alcohol may not be sold or served to any person who Commission to follow the activities of permittees to ensure is intoxicated. they are offering only the services allowed under their permits. • Intoxicated persons are not allowed to consume alcoholic As an ABC permit holder, you are required to uphold these beverages on the licensed premises. regulations, and you play an important role in keeping the • Alcohol may not be purchased with food stamps. public safe. • Happy Hours are not allowed. Free or reduced drink prices North Carolina’s ABC laws are found in Chapter 18B of the cannot be offered during limited hours. Special drink prices North Carolina General Statutes. The ABC Commission’s Rules must be offered to all customers for the entire day and in all are found within the North Carolina Administrative Code, areas of the business. Title 4, Chapter 2. A copy of the complete Alcoholic Beverage • Certain drink specials or promotions are not allowed: Control Laws and Rules is available for purchase from the ABC 2 for 1; buy 1, get 1; buy 1, get 1 for a nickel; buy a meal Commission. Or you may find the complete laws and rules (or anything), get a free drink; etc. are illegal. online on the ABC Commission’s website, http://abc.nc.gov. This guide is designed to help you better understand some of Hours of Sale: North Carolina’s laws and rules regarding the sale of alcohol. Further, the ABC Commission strives to help permitted • Alcohol can only be sold or served Monday – Saturday businesses operate within North Carolina’s regulations by between 7 a.m. and 2 a.m. On Sundays, alcohol can only be providing good information and advice. We hope you find this sold, served and consumed after Noon. Remember, guide helpful, but remember the laws and rules are the final some cities and/or counties may further restrict authority for selling and serving alcohol in North Carolina. Sunday sales. • If you hold an on-premise permit, alcohol sales must end at If you have additional questions, you may contact the ABC 2 a.m., but customers have until 2:30 a.m. to consume it. Commission or your local ALE office for additional information. That means, you should have all tables, counters, bars, etc. Contact information is located in the back of this guide. cleared of alcohol 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. Introduction 4 5 Business Responsibilities: Employee Requirements: 1 Section • Prominently display your ABC permit at your business • No drinking on the job; employees cannot drink alcoholic at all times. beverages while on duty, even if the business is closed. • No drugs (any controlled substance) are allowed on the For example, drinking a beer while sweeping the floors licensed premises. after closing time is not allowed; likewise, if an off-duty server comes into the business for drinks, and it gets busy, • No gambling or gambling devices are allowed on the she cannot help out until it slows down. Employees who licensed premises. are or have been drinking cannot effectively judge the age • No spirituous liquor is allowed, unless you have an appropriate or sobriety of customers. Holders Permit All for Regulations ABC permit. • Permits are not transferable either person to person or Hiring Restrictions: location to location. • Permit holders are responsible for any actions committed by their employee(s) during their hours of employment. • Customer Conduct: Permitted businesses are responsible for the disorderly conduct of customers anywhere on their • You cannot hire an employee to sell or serve alcoholic property including, parking lots and outdoor service areas. beverages who has been: convicted of a felony of any kind Customers who become loud, boisterous or disorderly may within 3 years; convicted of an alcoholic beverage offense not be allowed to remain on the premises; they may be within 2 years (DWI is a traffic violation, not an ABC removed from premises for any behavior deemed unruly by violation); or convicted of a misdemeanor controlled the permitted business. substance offense within 2 years. • Business Records: All permittees are required to maintain • If you want to hire someone with one of these convictions, alcohol invoices and receipts on the premises for three years you may submit a waiver in writing to the ABC Commission. and make them readily available for inspection. These alcohol Waivers are only available in cases of hardship, and the invoices and receipts must be kept separate from other permit holder/business, must submit the request (not the invoices or receipts. potential employee). • Remodeling: If you wish to make changes to the physical Employee Age Requirements: setup of your business, you must get renovation approval • Businesses with any type of beer or wine permit must from the ABC Commission. have an employee who is at least 18 years old or older in • Lighting: There should be sufficient lighting to read menus, charge at all times. You cannot leave someone in charge avoid potential safety hazards and check I.D.s. who is younger than 18. • Smoking: Smoking is not allowed in enclosed areas of • Business with any type of spirituous liquor permit must restaurants and bars. For more information on the NC have an employee who is at least 21 years old or older in Regulations for All Permit Holders Permit All for Regulations Smoke-Free Restaurants and Bar law, visit charge at all times. You cannot leave someone in charge www.smokefreenc.gov. who is younger than 21. • Applicants seeking a temporary retail permit(s) are required • Permit holders with a Brown Bagging, Mixed Beverages, or to complete an approved alcohol seller/server training Special Occasion permit must have a person in charge at all course prior to receiving the temporary permits. More times who is at least 21 years old. information about training is available at • Additional age requirements specific to the type of permit http://abc.nc.gov/education. are included in Sections 2 and 4. Section 1 Section 6 7 In addition to regulations that all permit holders have to follow of spirituous liquor purchased under a mixed beverage permit 2 Section (Section 1), on-premise permit holders have other requirements to be used for culinary purposes. to follow. On-premise permitted businesses serve and sell • A full list of alcohol permits is described at http://abc.nc.gov alcoholic beverages for consumption on-site. These businesses under the Permits menu. may choose to apply for permits that allow for the sales of malt beverages/beer, wine and/or mixed beverages/spirituous liquor drinks, as long as their local jurisdiction allows the sale of these General Requirements: kinds of beverages. • Any location that holds permits for on-premises alcohol consumption must have at least two bathrooms in working Holders Permit On-Premise order for public use.