14B NCAC 15B .0509       PROHIBITED ACTS: HANDLING AND STORAGE OF LIQUOR

Neither a mixed beverages permittee nor his employee, whether on or off the premises, shall:

(1)           add any alcoholic beverage to any container of spirituous liquor purchased for resale in mixed beverages;

(2)           transfer from one spirituous liquor container to another or remove from any liquor container the mixed beverages tax stamp or any other stamp, label, seal or device required by law to be affixed to the container;

(3)           destroy, alter or deface the mixed beverages tax stamp or any other stamp, label, seal or device required by law to be affixed to a liquor container before the container has been emptied;

(4)           possess a counterfeit mixed beverages stamp, place a counterfeit mixed beverages stamp on any liquor container, or knowingly possess any container with a counterfeit stamp;

(5)           store any spirituous liquor purchased for resale in mixed beverages in any place other than the approved storage area of the premises specified in the purchase‑transportation permit;

(6)           place or have in the approved storage area or possess elsewhere on the licensed premises any container of spirituous liquor not bearing a mixed beverages tax stamp;

(7)           dilute or otherwise tamper with the contents of any container of alcoholic beverages;

(8)           give or sell to any patron any container of spirituous liquor that was purchased for resale as mixed beverages, whether the container is full or partially full; provided, however, this prohibition shall not be construed to prohibit a room guest from removing from the hotel a container of alcoholic beverages purchased from a guest room cabinet;

(9)           possess any empty container of spirituous liquor purchased for resale in mixed beverages if the mixed beverages tax stamp on that container has not been permanently defaced;

(10)         possess or sell on the premises any brand of spirituous liquor that has not been approved by the Commission for sale in North Carolina or that was not purchased by the permittee pursuant to an approved special order;

(11)         purchase any spirituous liquor for resale in mixed beverages other than as authorized by a valid purchase‑transportation permit;

(12)         conceal or otherwise fail to indicate truthfully and accurately in any records required to be kept by the permittee the sale of any alcoholic beverages on the licensed premises; or

(13)         make any other incomplete, inaccurate, false or misleading statements in any report or record required by these Rules.

Editor's Note:  Beecher R. Gray, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 04 NCAC 02S .0513(3) void as applied in North Carolina Alcoholic Beverage Control Commission v. Keven Scott Heath, Robinhood Grille, LLC, T/A Robinhood Grille (00 ABC 1026).

History Note:        Authority G.S. 18B-100; 18B‑207; 18B‑404; 18B‑1001(13); 18B‑1007; 18B‑1008;

Eff. January 1, 1982;

Amended Eff. July 1, 1992; May 1, 1984;

Transferred and Recodified from 04 NCAC 02S .0513 Eff. August 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 20, 2016.