SECTION .1300 - STORAGE AND DISTRIBUTION OF SPIRITUOUS LIQUORS: COMMERCIAL TRANSPORTATION

14b NCAC 15a .1301      STORAGE: DELIVERIES: SECURITY

(a)  Storage. Private warehouse contractors performing the receipt, storage, and distribution functions shall:

(1)           Allocate space in the State ABC warehouse for each item listed on the price list adopted by the Commission. Space allocated shall be based on sales volume;

(2)           Develop and publish a delivery schedule of spirituous liquors to all local boards based on each local board's sales volume and the economical delivery of spirituous liquor to all local boards, subject to approval of the Commission. Orders and shipments over the quantity on the approved schedule may be made as agreed between the local boards and the Contractor. All orders over the quantity on the schedule shall be accepted and delivered when the Contractor determines it is economically feasible based upon the size of the regular load and the size of the additional quantity.

(3)           Develop and publish standard operating procedures not covered by these Rules for use by the Contractor and local boards. All procedures published shall be submitted to the Commission.

(b)  Deliveries and Shipments. The processing of shipments upon receipt by the local boards shall be as follows:

(1)           The Contractor shall provide the local board representative an Off-Loading Check Sheet, an Invoice Bill(s) of Lading, and a Transmittal Sheet with the shipment. The Off-Loading Check Sheet shall reflect the items and quantities being delivered in numerical order, and the quantities shall agree with those on the Invoice Bill(s) of Lading and the Transmittal Sheet;

(2)           The system used for off‑loading shall be such that an accurate count of the merchandise is made and all overages or shortages can be verified by the local board before any exceptions entries are made on the Transmittal Sheet;

(3)           If there are no overages, shortages or breakage, remittance shall be made as referenced in Subparagraph (10) of this Paragraph;

(4)           If there is an overage which is accepted by the local board representative, the local board representative shall line through the number of cases invoiced and shall write the correct number of cases on the Transmittal Sheet. The local board representative shall enter the quantity over, the stock code number and an explanation in the "comments" block on the Transmittal Sheet. Upon return of the Transmittal Sheet to the State ABC warehouse, the Contractor shall issue a debit adjustment. The debit adjustment shall have the original invoice number in the purchase order reference box as a cross reference. Remittance shall be made as referenced in Subparagraph (10) of this Paragraph;

(5)           If there is an overage that is not accepted by a local board representative, the local board representative shall enter the quantity, the stock code number and an explanation in the "comments" box on the Transmittal Sheet. The driver shall return the merchandise to the State ABC warehouse;

(6)           If there is a shortage, the local board representative shall line through the number of cases invoiced and shall write the correct number of cases on the Transmittal Sheet. The local board representative shall enter the quantity under, the stock code number and an explanation in the "comments" box on the Transmittal Sheet. Upon return of the Transmittal Sheet to the State ABC warehouse, the Contractor shall issue a credit adjustment. Remittance shall be made as referenced in Subparagraph (10) of this Paragraph;

(7)           The local board representative shall handle breakage discovered during the unloading process as a shortage in shipment in accordance with the procedure set forth in Subparagraph (6) of this Paragraph with the note in the "comments" block of the Transmittal Sheet indicating that the case was returned due to breakage. If the breakage involves a case that is an overage not accepted by the local board representative, the procedures in Subparagraph (5) of this Paragraph shall be followed. Remittance shall be made as referenced in Subparagraph (10) of this Paragraph;

(8)           If a local board's shipment includes a shrink-wrapped pallet(s), the local board shall break down the pallet(s) and any overage, shortage, or breakage shall be reported to the State ABC warehouse as follows:

(A)          The procedures for marking the Transmittal Sheet in Subparagraphs (4), (5), (6) and (7) of this Paragraph shall be followed; and

(B)          The updated Transmittal Sheet shall be emailed, faxed or postmarked to the State ABC warehouse within three days of delivery of the pallet(s);

Remittance shall be made as referenced in Subparagraph (10) of this Paragraph;

(9)           Except as provided for in Subparagraph (8) of this Paragraph, the local board representative and the driver shall sign the Transmittal Sheet(s) and the driver shall return the Transmittal Sheet(s) to the State ABC warehouse. The local board representative shall receipt date stamp or sign the distiller's Invoice Bills of Lading copies and the driver shall return them to the State ABC warehouse; and

(10)         The local board shall remit payment to the party listed in the "Remit to" information listed on the Invoice Bill(s) of Lading which includes any Bailment Invoices or Surcharge Invoices. The local board shall enter the Invoice Bill of Lading number on each check or each check stub.

(c)  Security Measures. Security of the merchandise during the delivery process shall be as follows:

(1)           The conveyances (trucks and trailers) shall be secured with a serially numbered metal or plastic seal by the Contractor:

(2)           The seal numbers will be entered on the "Seal Nos." line of the invoice transmittal sheet. Extra seals shall be included in sealed envelopes for resealing the unit when shipments are destined for more than one local board and for the return trip after final delivery;

(3)           The local board general manager or the general manager's designated representative shall check the seal number on the unit with the number on the invoice transmittal sheet upon arrival of a shipment. If the numbers correspond the unit shall be unsealed by the local board's representative. If the numbers do not correspond the Contractor shall be contacted for further instructions; and

(4)           The local boards' general manager shall not allow the Contractor's driver or his assistant to remove the seal.

(d)  Local boards shall not pick up merchandise from the State ABC warehouse without prior approval from the Administrator or the Administrator's designee.

(e)  Local boards may purchase, exchange, or otherwise obtain spirituous liquor from another local board and transport such beverages as necessary for the operation of its ABC stores. Payment for such transactions shall be satisfied as provided by 14B NCAC 15A .1406.

History Note:        Authority G.S. 18B-100; 18B-204; 18B-207; 18B-701(a)(1);

Eff. January 1, 1982;

Amended Eff. January 1, 2011; May 1, 1984;

Transferred and Recodified from 04 NCAC 02R .1302 Eff. August 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 22, 2015;

Amended Eff. December 1, 2019.