14b NCAC 15b .0522       MIXED BEVERAGES CATERING PERMITS IN "DRY AREAS"

(a)  Definitions.  For purposes of this Rule, the following definitions shall apply:

(1)           "Dry area" means a jurisdiction in which the sale of mixed beverages has not been approved in an election held pursuant to G.S. 18B‑600 or by any other provision of the ABC laws.

(2)           "Private function" means an unadvertised event for which the host has issued personal invitations.  Events for which invitations are issued by radio, television, newspaper, circular or fliers to the general public shall not be construed as "private."

(b)  Restrictions.  In addition to Rule .0528 of this Section, the following additional restrictions shall apply to all events being catered in areas in which the sale of mixed beverages is not lawful:

(1)           Liquor may be catered at political or charitable events held to allow a non‑profit or political organization to raise funds where the host organization has obtained a Special One‑Time permit pursuant to G.S. 18B‑1002(5) authorizing the serving of mixed beverages to persons attending the event.  These fund‑raising events may be private or open to the public, and may be held on private, commercial, or government owned property unless prohibited by the provisions of G.S. 18B‑300 or G.S. 18B‑301(f).

(2)           Liquor may be catered at any private function held on the premises of a business that holds a Special Occasion permit, or for a person who has obtained a Limited Special Occasion permit only if:

(A)          the host is not a permittee who has been issued a Special Occasion permit pursuant to G.S. 18B‑1001(8); and

(B)          there is no admission charged to those attending.

(3)           Liquor may be catered at any private function held on private residential or non‑commercial property so long as no admission is charged to those attending.

History Note:        Authority G.S. 18B-100; 18B‑203(a); 18B‑207; 18B‑301(a),(c); 18B‑603; 18B‑1001; 18B‑1002(5);

Eff. July 1, 1992;

Transferred and Recodified from 04 NCAC 02S .0529 Eff. August 1, 2015;

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