14B NCAC 15A .1403      Special Orders

(a)  Spirituous liquor products shall be approved for purchase from the Special Orders Price List as follows:

(1)           When requested by a customer, a local board shall request that the Commission consider approval for inclusion on the Special Orders Price List any spirituous liquor brand or container size that is not otherwise approved.

(2)           The Commission shall consider the local board's request, and approve, in accordance with 14B NCAC 15C .0203 and .0204, any brand or product for special order and the addition to the Special Orders Price List, including the special item case size requirement as established by the vendor.

(b)  When requested by a customer, a local board shall place an order with the Commission for any special item case on the Special Orders Price List. A local board is not required to place an order on behalf of a customer for a quantity less than the case size requirement established by the vendor. If a customer desires to purchase a quantity less than the special item case size of any product, a local board may purchase any unsold bottles in the special item case for public sale. Any bottles purchased by the local board in excess of the quantity ordered by customers shall not be eligible to be sold below the uniform price pursuant to Rule 14B NCAC 15A .1702.

(c)  All customer orders shall be prepaid by the customer prior to the order being placed with the Commission. However, a local board may waive the requirement for the customer to prepay for the order if the local board elects to purchase the portion of the special item case in excess of the quantity ordered by the customer.

(d)  Upon receipt of the special order from the local board, the Commission shall place the order with the vendor for shipment to the State ABC warehouse for delivery to the local board by the Contractor with the Contractor's next regularly scheduled shipment to the local board.

(e)  For purposes of this Section and implementation of G.S. 18B-800(c1), the following terms mean:

(1)           "Special item case" means the vendor's minimum bottle case size for special item products.

(2)           "Special item list" means Special Order Price List.

(3)           "Special Order Price List" means the list of spirituous liquor products approved by the Commission for sale in the State that are not available through the State ABC warehouse, but are available by special order in accordance with this Rule and Rule 14B NCAC 15A .1407.

History Note:        Authority G.S. 18B-100; 18B-101; 18B‑207; 18B‑800(c); 18B-804; 18B‑807;

Eff. January 1, 1982;

Amended Eff. May 1, 1984;

Transferred and Recodified from 04 NCAC 02R .1404 Eff. August 1, 2015;

Agency did not readopt rule pursuant to G.S. 150B-21.3A by RRC established deadline of May 31, 2017;

Eff. January 1, 2018 (Codifier approved request from agency to reuse rule number);

Amended Eff. February 1, 2021.