North Carolina General Statutes 18B-404. Additional provisions for purchase and transportation by mixed beverage permittees
Terms Used In North Carolina General Statutes 18B-404
- Commission: means the North Carolina Alcoholic Beverage Control Commission established under N. See North Carolina General Statutes 18B-101
- Contract: A legal written agreement that becomes binding when signed.
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- liquor: means distilled spirits or ethyl alcohol, and any alcohol consumable containing distilled spirits or ethyl alcohol, including spirits of wine, whiskey, rum, brandy, gin and all other distilled spirits and mixtures of cordials, liqueur, and premixed cocktails, in closed containers regardless of their dilution. See North Carolina General Statutes 18B-101
- Local board: means a city or county ABC board, or local board created pursuant to the provisions of N. See North Carolina General Statutes 18B-101
- Mixed beverage: means either of the following:
(a), (b) Repealed by Session Laws 2022-44, s. 3(h), effective July 7, 2022.
(c) Designated Store. – A local board may designate a store within its system to make sales to mixed beverages permittees.
(d) Repealed by Session Laws 2022-44, s. 3(h), effective July 7, 2022.
(e) Electronic Payment. – A local board shall accept electronic payments for any spirituous liquor purchased by a mixed beverages permittee. A local board may not charge a fee for accepting electronic payments under this subsection. For purposes of this subsection, the term “electronic payment” means payment by debit card or by electronic funds transfer as defined in N.C. Gen. Stat. § 105-228.90, but does not include payment by charge card or credit card.
(f) [Delivery Service. -] A local board shall offer delivery service to mixed beverage permittees. In providing delivery of purchased products to mixed beverage permittees, the local board may use its employees or contract with one or more independent contractors and may charge a fee to the permittee. A local board in a Tier 1 or Tier 2 county, as defined in N.C. Gen. Stat. § 143B-472.35(a2)(18), may request an exemption to this requirement from the ABC Commission. The Commission shall grant the request if the local board can show evidence of unreasonable hardship or difficulty incurred by implementing delivery service. (1981, c. 412, s. 2; c. 747, ss. 46, 47; 1987, c. 136, s. 3; 1991, c. 459, s. 10; c. 565, ss. 5, 7; 1991 (Reg. Sess., 1992), c. 920, s. 2; 1999-462, s. 4; 2003-218, s. 3; 2019-182, s. 17(a); 2021-150, s. 30.1; 2022-44, s. 3(h).)