Announcements

2024 Announcements

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Visit a link below to register for a virtual alcohol seller/server training course:

02/07/2024 RASP

02/26/2024 RASP

This class is open to all businesses holding an ABC permit issued by the NC Alcoholic Beverage Control Commission, the business owners, managers, employees, as well as potential permit holders and civic groups. Topics covered at the training workshop will include:

• Preventing Sales to Underage and Intoxicated Persons

• Dram Shop Liability

• Acceptable Forms of Identification

• Fake, Altered and Borrowed ID’s

• Hours for Alcohol Sales

• Employee Age Requirements

• Recent Legislative Updates

2022 Announcements

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Come to Rest Permanent Rules Effective - 14B NCAC 15C .0602, .0607

Thursday, September 1, 2022
​The Come To Rest permanent rules became effective August 23, 2022.  These rules were adopted by the ABC Commission on December 9, 2020, approved by the Rules Review Commission on January 21, 2020, and objected to by at least 10 person on January 22, 2021 thereby subjecting these rules to the legislative disapproval process. Because no legislation was filed to disapprove these rules during the next legislative session following approval of these rules, these rules became effective on the 31st legislative day of the session. These rules will be added to the Administrative Code by September 8, 2022.  These rules were published in the NC Register on March 1, 2021.

Attachments

ABC System Gives Back to North Carolina

Friday, August 19, 2022

The North Carolina Alcoholic Beverage Control Commission has developed an interactive map showing the revenue that the ABC system generates for the state and local communities. Users can interact with cities and counties individually to see the positive impact the ABC system has on each location.

The 171 local ABC boards in North Carolina are established and operated with no state funds and are appointed by local governing authorities. The sale of spirituous liquor and fortified wine by the local ABC boards generates millions of dollars in recurring revenue for both the state's General Fund and the local cities and counties where the alcohol is sold. This ABC revenue makes a meaningful difference in communities large and small across North Carolina.

In the 2021 fiscal year, a record-setting $617 million was reinvested in the General Fund, local alcohol law enforcement agencies, alcohol prevention / treatment / recovery programs, public service projects, local nonprofit organizations, and directly to city and county governments. This revenue provides local governments and nonprofit organizations the opportunity to embark on projects that best serve the specific needs of their communities.

ABC sales during the 2022 fiscal year continued to set new records. The NC ABC Commission will continue to update the map and looks forward to sharing the powerful impact that this significant revenue will have created for our state and local communities in 2022. 

Monday, July 18, 2022

Session Laws 2022-44 , 2022-49, and 2022-51 were signed into law on July 7, 2022. Below are several changes that may affect your ABC permit. Please read carefully to determine if the new laws impact the type of ABC permit you currently hold.

 

Private Bars are now Bars: N.C.G.S. 18B-1000 now defines "bar" as an establishment that is primarily engaged in the business of selling alcoholic beverages for consumption on the premises. A bar shall not include a brewery, winery, or distillery. The Retail ABC application has been updated to reflect this change.  Applicants applying for a Mixed Beverage Bar permit do not need to submit membership information with the application.

Current Mixed Beverage Bar permittees may now allow customers from the general public. Additionally, new permits will not be sent out at this time. The Commission will update our permit system to reflect the legislative change. New permits will be mailed out following the 2023-2024 renewal/registration period.

Please keep in mind that the membership changes do not apply to Private Clubs. Private Clubs were not affected by this legislation and are still limited to members and their guests.

 

Restaurants: The minimum seating requirement for indoor dining has been reduced from 36 seats to 10 seats. Additionally, only on-premises sales of alcoholic beverages shall be used in calculating the 30% food sales requirement.

 

Tour Boats: There is no longer a minimum food sales percentage required.

 

Packaging and Logistics permit:  This new permit has been added to the ABC Commercial application. All other documents listed on the commercial application are still required.

 

Permittee Ownership Changes: N.C.G.S. 18B-903 authorizes a 60-day transition period when an ownership change occurs. Notice must be given to the Commission. Please complete the form found attached at the bottom of this page.

 

Attachments

ABC Boards Providing Mixed Beverage Delivery and ABC Boards with Exemptions

Wednesday, June 29, 2022

Per Session Law 2021-150, local ABC Boards that have not been granted a hardship exemption will provide delivery service to mixed beverage (MXB) ABC permit-holders effective July 1, 2022.

 

Local ABC boards operate independently of each other, and delivery procedures will vary between ABC boards. If you have questions or concerns with your ABC board's delivery service or policy, contact information for all 171 ABC boards can be found on this page: https://abc2.nc.gov/StoresBoards/BoardList

 

The list of ABC boards that are providing delivery to MXB permit-holders, as well as the list of ABC boards that are exempt, can be found below.

 

Local ABC boards providing delivery service to MXB permit-holders:

  • Asheboro
  • Asheville
  • Belville
  • Bessemer City
  • Black Mountain
  • Blowing Rock
  • Boiling Spring Lakes
  • Boone
  • Brevard
  • Brunswick
  • Brunswick County
  • Calabash
  • Camden County
  • Canton
  • Carteret County
  • Caswell County
  • Catawba County
  • Chatham County
  • Cherryville
  • Concord
  • Cramerton
  • Craven County
  • Cumberland County
  • Currituck County
  • Davidson County
  • Dunn
  • Durham County
  • Eden
  • Edgecombe County
  • Elizabethtown
  • Fletcher
  • Gastonia
  • Gates County
  • Gibsonville
  • Granite Falls
  • Granville County
  • Greene County
  • Greensboro
  • Halifax County
  • Hendersonville
  • Hertford County
  • High Country
  • High Point
  • Hoke County
  • Hyde County
  • Indian Trail
  • Johnston County
  • Lake Waccamaw
  • Laurel Park
  • Lenoir City
  • Lenoir County
  • Lexington
  • Liberty
  • Lincoln County
  • Lincolnton
  • Lumberton
  • Madison
  • Maggie Valley
  • Marion
  • Marshville
  • Martin County
  • Mecklenburg County
  • Mocksville-Cooleemee
  • Monroe
  • Montgomery
  • Moore County
  • Mooresville
  • Morganton
  • Mount Pleasant
  • Nash County
  • New Hanover County
  • North Wilkesboro
  • Norwood
  • Oak Island
  • Ocean Isle Beach
  • Onslow County
  • Orange County
  • Pasquotank County
  • Pembroke
  • Pender County
  • Person County
  • Pilot Mountain
  • Pitt County
  • Pittsboro
  • Roseboro
  • Rowan /Kannapolis
  • Rutherfordton
  • Saint Pauls
  • Sanford
  • Scotland County
  • Shallotte
  • Siler City
  • Southport
  • Spruce Pine
  • Statesville
  • Sunset Beach
  • Thomasville
  • Triad Municipal
  • Troutman
  • Valdese
  • Vance County
  • Wake County
  • Walnut Cove
  • Warsaw
  • Waxhaw
  • Wayne County
  • Weaverville
  • West Columbus
  • Wilkesboro
  • Wilson County
  • Wingate
  • Woodfin
  • Yadkin Valley
  • Youngsville
     

Local ABC boards exempt from delivery:

  • Alamance Municipal
  • Albemarle
  • Alexander County
  • Andrews
  • Angier
  • Beaufort County
  • Belmont
  • Bertie County
  • Bryson City
  • Bunn
  • Burnsville
  • Chowan County
  • Clay County
  • Clinton
  • Columbus
  • Dare County
  • Dobson
  • Fairmont
  • Forest City
  • Franklin
  • Franklinton
  • Hamlet
  • Hertford
  • Highlands
  • Jackson County
  • Jones County
  • Kenansville
  • Kings Mountain
  • Lake Lure
  • Lillington
  • Locust
  • Louisburg
  • Maxton
  • Mount Airy
  • Mount Holly
  • Murphy
  • Newton Grove
  • Northampton County
  • Pamlico County
  • Ramseur
  • Randleman
  • Red Springs
  • Reidsville
  • Rockingham
  • Rowland
  • Shelby
  • Sparta
  • Tabor City
  • Tryon
  • Tyrrell County
  • Wadesboro
  • Wallace
  • Warren County
  • Washington County
  • Waynesville
  • West Jefferson
  • Whiteville
     

Expand Allowable Growler Size Rule Effective - 14B NCAC 15C .0307

Monday, May 2, 2022
The Expand Allowable Growler Size permanent rule is effective May 1, 2022.  This rule was adopted by the ABC Commission on March 16, 2022, approved by the Rules Review Commission on April 21, 2022, will be added to the Administrative Code by May 6, 2022, and will be published in the NC Register on June 1, 2022.

           
Attachments

2021 Announcements

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Social District Registration

Friday, October 15, 2021

Pursuant to NC General Statute §18B-904.1, social districts established by a county or a city must be registered with the North Carolina Alcoholic Beverage Control Commission. To register a social district, please fill out the form found here.

 

The completed form can be emailed to permits@abc.nc.gov or mailed to the following address:

 

NC ABC Commission

ATTN: Social District Registration

400 East Tryon Road

4307 Mail Service Center

Raleigh, NC 27699-4307

Scheduling Permit Appointments – Instructions and Information

Wednesday, July 7, 2021

The NC ABC Commission is seeing applicants, in-person by appointment only for review of retail, commercial, and one-time application packets. Appointment times will be Monday-Friday from 9:00 am to 2:00 pm. We will strictly adhere to the following guidelines:

Only one person will be allowed entrance into the ABC Commission to meet with the permit specialist.
The number of packets to be reviewed during a scheduled appointment is limited to two packets per applicant.
Appointment is for one hour only. Please arrive on time as additional time cannot be provided.
Masks are strongly recommended.
To schedule an appointment or ask questions, please visit https://abc2.nc.gov/Shared/OnlineScheduling. Available appointment times are in green.

To expedite your appointment, please review the attached checklist of documents needed during your appointment. Select the appropriate checklist at the bottom of the page based on your ownership type.

If you have questions about the type of ABC permit to apply for, click here.

If you need to cancel an appointment, please call (919) 779-0700.

 

Links:

Mixed Beverages Permittee Transport and Delivery Rules Effective - 14B NCAC 15A .1405, .1802, .1903, .1904, and 15B .0501

Tuesday, March 2, 2021
​The Mixed Beverages Permittee Transport and Delivery permanent rules are effective March 1, 2021.  These rules were adopted by the ABC Commission on January 13, 2021, approved by the Rules Review Commission on February 18, 2021, will be added to the Administrative Code by March 9, 2021, and will be published in the NC Register on April 1, 2021.

Attachments

Distilleries Issue Purchase-Transportation Permits Permanent Rules Effective - 14B NCAC 15A .1706, .1801, .2103, .2104

Wednesday, February 3, 2021
​The Distilleries Issue Purchase-Transportation Permit permanent rules are effective February 1, 2021.  These rules were adopted by the ABC Commission on December 9, 2020, approved by the Rules Review Commission on January 21, 2021, will be added to the Administrative Code by February 5, 2021, and will be published in the NC Register on March 1, 2021.

Attachments

Allow Certain Orders of Eligible Distillery Products Permanent Rules Effective - 14B NCAC 15A .1304, .1305, .1403, .1407

Wednesday, February 3, 2021
​The Allow Certain Orders of Eligible Distillery Products permanent rules are effective February 1, 2021.  These rules were adopted by the ABC Commission on December 9, 2020, approved by the Rules Review Commission on January 21, 2021, will be added to the Administrative Code by February 5, 2021, and will be published in the NC Register on March 1, 2021.

Attachments

Come to Rest Permanent Rules Effective Date Delayed

Wednesday, February 3, 2021
​The effective date of the Come to Rest rules (14B NCAC 15C .0602 and .0607) adopted by the ABC Commission on December 9, 2020 and approved by the Rules Review Commission on January 21, 2021 are not effective February 1, 2021.  At least 10 objections to the approved rules have been filed with the Rules Review Commission.  These rules are now subject to delayed effective dates pursuant to G.S. 150B-21.3(b1).

Attachments

Addressing ABC Permit Cancellations

Friday, January 15, 2021
Please see the attached letter for additional explanation.

ABC Commission staff will assist bar owners with inactive ABC permits at the point they are ready to reopen for business.

If you have any additional questions about permit renewals or cancellations, we ask that you reach out to contact@abc.nc.gov .

Attachments

2020 Announcements

Tab/Accordion Items

ABC Store Spirituous Liquor Tastings Permanent Rules Effective - 14B NCAC 15C .1301, .1303 - .1305, .1307

Monday, November 2, 2020
​The ABC Store Spirituous Liquor Tasting permanent rules are effective November 1, 2020.  These rules were adopted by the ABC Commission on September 9, 2020, approved by the Rules Review Commission on October 15, 2020, will be added to the Administrative Code by November 5, 2020, and will be published in the NC Register on December 1, 2020.

Attachments

Temporary Extension of Premises Guidelines - Phase 3

Wednesday, September 30, 2020
 

MEMORANDUM OF GUIDELINES – Temporary Extension of Premises for On-Premises Consumption

 

Note: During Phase 2 this guidance applied exclusively to ABC-permitted businesses allowed to open for on-premise consumption of alcohol. As of 5:00 pm, Friday, October 2nd and per Executive Order 169, this guidance also applies to bars and other ABC permitted businesses who were previously unable to serve alcohol onsite.

 

Any ABC-permitted business that plans to seat customers in an outdoor space which is not part of their licensed premises, MUST follow the below guidance prior to using that outdoor space. These guidelines are only valid through Phase 3 of Governor Cooper's easing of restrictions.

 

 

In accordance with Executive Order 169, the ABC Commission will temporarily allow On-Premises ABC permit holders to include additional outdoor seating as part of their licensed premises if that space is approved by the appropriate local government entity. This temporary change is allowed to maximize social distancing. The below guidelines do not override any order from Governor Cooper, the NC Department of Health and Human Services, or any local ordinances. In the event that North Carolina reverts to a more restrictive phase, these guidelines are invalid during that time period.

 

An application for a temporary extension will not need to be submitted to the ABC Commission.

 

If the extension is not covered by a deed or lease, permittee must obtain the written permission of the owner of that property.

 

In addition to receiving approval from the appropriate local government entity, the permittee must notify their ALE agent, the District ALE office or local law enforcement of the temporary extension of premises prior to use of the extended area.  This includes those who will be temporarily extending their premises onto their own property (yard or parking lot, for example). Contact information for NC ALE can be found at the bottom of this document.

 

A diagram of the temporary extension must be maintained on the permitted premises indicating the size and location of the temporary extension, the types of barriers to be used, and how many tables and chairs will be placed in the temporary area.

 

The temporary extension does not increase an establishment's maximum occupancy as previously established by the fire code.

 

The extension of premises must be adjacent to, abutting, and connected to the primary licensed premises.  One of the exterior walls of the licensed premises must be part of the extended area.

 

Any temporary extension must comply with ADA accessibility requirements.

 

The temporary area must be visibly and vertically marked off (crowd control stands, bike racks, planters, etc.) so that the average citizen can distinguish between the extended licensed premises and the public walkway.

 

If extending into public property (such as sidewalk or street closures), it is recommended the local governing authority issue written guidelines (either by resolution or from the appropriate government division).

 

Consumers will not be allowed to take open containers of alcoholic beverages out of the temporary extension of premises area.

 

Failure to comply with these guidelines or other ABC rules could result in immediate cancellation of your temporary extension.

 

If you have questions for the NC ABC Commission, please reach out to contact@abc.nc.gov .

 

To notify ALE of your temporary extension of premises, visit: https://www.ncdps.gov/our-organization/law-enforcement/alcohol-law-enforcement/about-ale , click "Contact ALE by Email", and send an email with your Trade Name and complete address.

Monday, August 31, 2020
​The ABC Policies Regarding Distillery Retail Sales Pending Rulemaking, posted on July 30, 2020, will not become effective September 1, 2020 as previously announced.  Those policies are being withdrawn pending rulemaking.

Restricting Late Night Service of Alcoholic Beverages – Executive Order 153

Wednesday, July 29, 2020

Effective Friday, July 31st at 11pm, restaurants, breweries, wineries, distilleries, and any other businesses or organizations that sell or serve alcoholic beverages for onsite consumption shall cease the sale and service of alcoholic beverages for onsite consumption between 11 :00 pm and 7:00 am. Employees of ABC permitted establishments should not sell or serve alcoholic beverages for onsite consumption between 11 :00 pm and 7:00 am.

 

This curfew does not affect the off-premises sale of beer and wine by businesses with the appropriate ABC permits. Additionally, this does not change the circumstances for bars. Bars still must be closed per Executive Order 141.

 

For more information, please refer to Executive Order 153.

Instructions for Requesting Renewal Extension or Refund

Monday, July 13, 2020
 

​If you are an ABC permit holder who has been prohibited from opening your bar due to Executive Order 141, and you would like to delay your permit renewal payment or request a refund for your renewal payment, you must send an email to Contact@abc.nc.gov with your name, business name, permit number, phone number, and email address. Please specify whether you are asking for a payment delay or for a refund of a permit payment already submitted.

 

Please keep in mind this option is only for businesses that are prohibited from opening due to Executive Order 141, "Easing Restrictions on Travel, Business Operations and Mass Gatherings : Phase 2". If you have any questions about the process, please include them in your email. If you would like to refer to the legislation which allows this, please see: https://www.ncleg.gov/Sessions/2019/Bills/Senate/PDF/S226v3.pdf     

ABC Commission Guidance for Phase 2 - Executive Order 141

Thursday, July 2, 2020

The below guidance was issued on May 24th and updated on July 2nd to remind restaurants that food must be available at all times that alcoholic beverages are being served. (14B NCAC 15B.0105)

 

ABC Commission Guidance – Executive Order 141

 

Some restaurants call themselves "breweries" or "bars"; some breweries call themselves "restaurants" or "bars"; and some bars call themselves "restaurants" or "breweries."  As a result, we have received questions about how to interpret whether an establishment is within the Executive Order's definition of "bar" and must remain closed.

The following are categories of establishments that are exempt from the closure order, and so may legally operate now, if fully compliant with applicable safety guidelines (Section 6, Executive Order 141).  This guidance does not override any order from Governor Cooper, the NC Department of Health and Human Services, any ABC laws or regulations, or any local ordinances.

 

Excluded from definition of Bar:

An establishment shall not be deemed "principally engaged in the business of selling alcoholic beverages for onsite consumption" (and thus may be open under Executive Order No. 141) if it meets one of the following tests:

  • It produces alcoholic beverages pursuant to a commercial permit issued by the ABC Commission (G.S. §§ 18B‑1101 to 18B-1105) and is authorized by such permit to also have retail sales to consumers.
    Examples: Breweries, Wineries, Distilleries
  • Its primary business purpose is to sell at retail alcohol beverages for consumption off the premises.  Occasional tastings or consumption during an educational seminar, as authorized by ABC permits, may be a part of the business model, so long as the majority of total sales are not derived from alcohol for on-premises consumption.
    Examples: Bottle Shops, Wine Shops
     

Included within definition of Restaurant:

Certain Private Clubs and Members-only Clubs may be included within the EO141 definition of "Restaurant" (Sec. 1.7.) and so may continue to serve food and drink if:

  • Their pre-Emergency Declaration normal operations typically included service of food and drink, and  
  • They are in full compliance with applicable safety requirements of EO141 (Sec. 6).
  • Example establishments that may operate if they satisfy the above requirements:
    • VFW Posts, American Legions, Elks/Moose Lodges, Country Clubs
       

NOTE:

Any restaurant that is open and serving alcohol should have an open kitchen. Food from the restaurant must be available at all times that alcoholic beverages are being served. Please see 14B NCAC 15B .0105 (SPECIAL REQUIREMENTS FOR RESTAURANTS) for more information.

Additionally, if any customers or guests consume food and/or beverages on-premises at any of the establishments identified above during this Emergency Declaration, the Emergency Maximum Occupancy requirements for restaurants under Executive Order No. 141 apply.  Therefore, any customers consuming food or beverages on‑premises must be in seated groups that are spaced at least six feet apart, and customers or guests will be limited to 50% fire capacity.

 

Private Club Guidance

Am I a Private Club or a Bar? May I open & operate, safely & legally?

Bars are closed by Section 8.A.2 of EO141.  The following criteria are intended to help determine if a private club business is acting more like a bar or more like a restaurant.  The more these criteria are satisfied by a permittee, the more likely an establishment will be treated as a restaurant that may operate pursuant to Section 1.7.

  1. Avoids people congregating on premises simply to drink alcoholic beverages and socialize
    1. Observes spacing & group sizes per EO141.
  2. Avoids patrons sharing touched spaces
    1. Bar counter, pinball/games, etc.
  3. Patrons remain seated at tables
    1. Spaced according to EO141 health & safety guidance.
  4. Does not exceed Emergency Maximum Occupancy (Section 1.3)
    1. In most cases this will be 50% of stated fire capacity.
  5. Has some type of food/health inspection for on-site food preparation
    1. Provided food services prior to Declaration of Emergency
       

In these unprecedented times, the health of all of us depends on the actions of each of us. These guidelines are intended to provide clarity for ABC Commission Permittees that may legally operate their businesses during this COVID-19 emergency period. If ABC Permittees in the identified categories of business follow the health guidelines set forth in EO141, businesses may safely operate while minimizing risk to their patrons and their employees.  Responsible businesses and responsible patrons will help make Phase 2 a success. We all must do our part to be healthy!

Attachments

Temporary Extension of Premises Guidelines - Phase 2

Sunday, May 24, 2020

MEMORANDUM OF GUIDELINES – Temporary Extension of Premises for On-Premises Consumption

These guidelines are only valid during Phase 2 of Governor Cooper's easing of restrictions in Executive Order 116 declaring a State of Emergency.

 

In accordance with Executive Order 141, the ABC Commission will temporarily allow On-Premise ABC permit holders to include additional outdoor seating as part of their licensed premises if that space is approved by the appropriate local government entity. This temporary change is allowed to maximize social distancing. The below guidelines do not override any order from Governor Cooper, the NC Department of Health and Human Services, or any local ordinances. In the event that North Carolina reverts to Phase 1, these guidelines are invalid during that time period.

 

An application for a temporary extension will not need to be submitted to the ABC Commission.

 

If the extension is not covered by a deed or lease, permittee must obtain the written permission of the owner of that property.

 

In addition to receiving approval from the appropriate local government entity, the permittee must notify their ALE agent, the District ALE office or local law enforcement of the temporary extension of premises prior to use of the extended area.  This includes those who will be temporarily extending their premises onto their own property (yard or parking lot, for example). Contact information for NC ALE can be found at the bottom of this document.

 

A diagram of the temporary extension must be maintained on the permitted premises indicating the size and location of the temporary extension, the types of barriers to be used, and how many tables and chairs will be placed in the temporary area.

 

The temporary extension does not increase an establishment's maximum occupancy as previously established by the fire code. (See EO141, Section 6.C.2.a)

 

The extension of premises must be adjacent to, abutting, and connected to the primary licensed premises.  One of the exterior walls of the licensed premises must be part of the extended area.

 

Any temporary extension must comply with ADA accessibility requirements.

 

The temporary area must be visibly and vertically marked off (crowd control stands, bike racks, planters, etc.) so that the average citizen can distinguish between the extended licensed premises and the public walkway.

 

If extending into public property (such as sidewalk or street closures), it is recommended the local governing authority issue written guidelines (either by resolution or from the appropriate government division).

 

Consumers will not be allowed to take open containers of alcoholic beverages out of the temporary extension of premises area.

 

Failure to comply with these guidelines or other ABC rules could result in immediate cancellation of your temporary extension.

 

If you have questions for the NC ABC Commission, please contact General Counsel, Stacey Carter-Coley at stacey.carter-coley@abc.nc.gov .

 

To notify ALE of your temporary extension of premises, visit: https://www.ncdps.gov/our-organization/law-enforcement/alcohol-law-enfo… , click "Contact ALE by Email", and send an email with your Trade Name and complete address.

 

Attachments

Executive Order 121 - Status of ABC Commission and ABC Stores

Friday, March 27, 2020


Governor Cooper's Stay at Home Order (Executive Order 121) exempts Essential Governmental Operations and liquor stores. Therefore, the ABC Commission will continue to serve the public and accomplish its duties. The Commission has been updating its guidance in accordance with the Governor's Office and Office of State Human Resources as this situation has continued to evolve. Since Governor Cooper issued the State of Emergency declaration, the ABC Commission has encouraged staff members to telework to the greatest extent possible. While the ABC Commission building is not open to the public, the Commission is still continuing its core functions including accepting permit applications, registrations, and renewals online, via the US mail and in a drop box at the Commission offices.

The Order also lists liquor stores as Essential Retail Businesses, and therefore the ABC stores are not required to close by this order. However, the ABC stores and retail operations of the ABC system are managed by the 170 local ABC Boards across the state. Therefore, these local Boards, and their appointing authorities, may choose to adjust hours or close stores if they deem it appropriate. Each Board will make the decision they feel is best for their community.

Executive Order 118 - ABC Guidance

Tuesday, March 17, 2020
 

ABC Compliance Guidance for Executive Order 118

The purpose of the Governor's Executive Order 118 and the NCDHHS Order of Abatement of Imminent Hazard is to reduce the possibility of exposure to Covid-19 through deterrence of gatherings.  These guidelines are offered with that goal in mind.

 

1.       All on-premises sales and consumption of alcoholic beverages must stop.  (Food and beverages are for carry-out, drive-through, and delivery only.)  All sales for off-premise consumption of beer and wine must be for carry-out and in "the manufacturer's original container."  Sit-down service to patrons indoors or in an outdoor seating area is not allowed.  G.S. §18B-1001(1) and (3).  On-site consumption in an outdoor seating area is not permitted pursuant to the Order of Abatement.

   

2.       Only off-premise sales of beer and wine are allowed from establishments with appropriate retail beer or wine permits, which includes on-premise permit holders.

 

3.       Recycling Requirements: During the time North Carolina Executive Order 118 remains in effect, the enforcement of the requirements of NCGS § 18B -1006.1 (that holders of certain NC Alcoholic Beverage Control Commission on-premise permits shall recycle beverage containers generated on-site) shall be waived.

 

4.        Private Clubs and Private Bars: During the time North Carolina Executive Order 118 remains in effect, the requirement that Private Clubs or Bars can only sell to members, that the customers must complete a membership application, and that they be required to pay a membership fee shall be waived.

 

5.        Retail permittees may deliver beer and wine for off-premise consumption in the manufacturer's original container to vehicles at a curb or a parking space adjacent to the licensed premises without requesting approval of extension of premises from the ABC Commission, while this Executive Order remains in effect.  

 

6.       Spirituous liquor sales (and return policies) from ABC stores are determined by local ABC boards.

 

7.       Distilleries may still sell bottles for off-premises consumption.  The ABC Commission will not enforce the requirement of a tour of the distillery before purchasing a bottle.  G.S §18B-1105

 

8.       On-premise mixed beverage sales or consumption is not allowed at distilleries while this Executive Order is in effect.

 

9.       Tastings are on-premise consumption and are not authorized at retail locations, distilleries, wineries or breweries.

 

10.       Violation of the Secretary of NCDHHS's Order of Abatement of Imminent Hazard may result in injunctive relieve or prosecution for a misdemeanor offense.  G.S. §§ 130A-18 and 130A-25

 

11.       Violation of the Governor's Executive Order is a Class 2 misdemeanor.  G.S. §166A-19.30(d)

https://files.nc.gov/governor/documents/files/EO118.pdf

 

12.       Violation of the Governor's Executive Order could result in penalties against ABC permits.  G.S. §18B-1005

 

For further explanation of Executive Order 118 and the NCDHHS's Order of Abatement of Imminent Hazard, please see:  https://files.nc.gov/ncdhhs/documents/files/covid-19/Final-FAQ-on-EO-118-3-19-20.pdf

 

For explanations of on-premise versus off-premise, please see: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_18b/GS_18b-1001.html


Revised April 6, 2020 at 9:00 AM

Increase Maximum Retail Discount Permanent Rule Effective - 14B NCAC 15B .1004

Wednesday, January 22, 2020
​The Increase Maximum Retail Discount permanent rule becomes effective February 1, 2020.  This rule was adopted by the ABC Commission on December 11, 2019, approved by the Rules Review Commission on January 16, 2020, will be added to the Administrative Code by January 31, 2020, and will be published in the NC Register on March 2, 2020.

Attachments

2019 Announcements

Tab/Accordion Items

Local Board Administration Rules Amendments Effective - 14B NCAC 15A .0902, .0903, .0905, .0907, .1003, .1006, .1102, .1103, .1203, .1204, .1301, .1302, .1404, .1405, .1406

Thursday, December 19, 2019
The Local Board Administrative Rule Amendments permanent rules, except for Rule 14B NCAC 15A .1406, became effective December 1, 2019. Rule 14B NCAC 15A .1406 is effective January 1, 2020.  These rules were adopted by the ABC Commission on October 9, 2019, approved by the Rules Review Commission on November 21, 2019, and December 19, 2019, respectively, and will be published in the NC Register on January 2, 2020, and February 1, 2020, respectively.

Attachments

Refund Offer Redemption Revisions Effective - 14B NCAC 15B .1013

Wednesday, October 9, 2019
​The Refund Offer Redemption Revisions permanent rule became effective October 1, 2019.  This rule was adopted by the ABC Commission on August 14, 2019, approved by the Rules Review Commission on September 19, 2019, added to the Administrative Code on October 8, 2019, and will be published in the NC Register on November 1, 2019.

Attachments

Commission Operations Rule Revisions Effective - 14B NCAC 15A .0100 - .0800 and 15C .0101

Wednesday, September 18, 2019
​The Commission Operations Rule Revisions permanent rules became effective September 1, 2019.  These rules were adopted by the ABC Commission on July 10, 2019, approved by the Rules Review Commission on August 15, 2019, added to the Administrative Code on August 29, 2019, and will be published in the NC Register on October 1, 2019.

Attachments

Permittee Sampling Limitation Permanent Rule Effective - 14B NCAC 15B .0209

Thursday, April 4, 2019
​​The Permittee Sampling Limitation permanent rule became effective April 1, 2019.  This rule was adopted by the ABC Commission on February 13, 2019, approved by the Rules Review Commission on March 21, 2019, added to the Administrative Code on April 4, 2019, and will be published in the NC Register on May 1, 2019.

Attachments

Destroy Distressed Liquor Amendments Permanent Rules Effective - 14B NCAC 15A .1603, .1604 and .1701

Thursday, April 4, 2019
​​The Destroy Distressed Liquor Amendments permanent rules became effective April 1, 2019.  These rules were adopted by the ABC Commission on January 16, 2019, approved by the Rules Review Commission on March 21, 2019, added to the Administrative Code on April 4, 2019, and will be published in the NC Register on May 1, 2019.

Attachments

Spirituous Liquor Special Events Permit Permanent Rules Effective - 14B NCAC 15C .0101, .0102, .0901. and .1301 - .1306

Thursday, April 4, 2019
​​The Spirituous Liquor Special Events Permit permanent rules became effective April 1, 2019.  These rules were adopted by the ABC Commission on January 16, 2019, approved by the Rules Review Commission on March 21, 2019, added to the Administrative Code on April 4, 2019, and will be published in the NC Register on May 1, 2019.

Attachments

Tax Stamp Placement Permanent Rule Effective - 14B NCAC 15A .1901

Thursday, April 4, 2019
​​The Tax Stamp Placement permanent rule became effective April 1, 2019.  This rule was adopted by the ABC Commission on January 16, 2019, approved by the Rules Review Commission on March 21, 2019, added to the Administrative Code on April 4, 2019, and will be published in the NC Register on May 1, 2019.

Attachments

Visible Indoor Advertising in Sports Arenas Permanent Rule Effective - 14B NCAC 15B .1006

Thursday, April 4, 2019
​The Visible Indoor Advertising in Sports Arenas permanent rule became effective April 1, 2019.  This rule was adopted by the ABC Commission on January 16, 2019, approved by the Rules Review Commission on March 21, 2019, added to the Administrative Code on April 4, 2019, and will be published in the NC Register on May 1, 2019.

Attachments

2019 Annual Alcohol Permit Renewal and Registration

Tuesday, February 26, 2019
Businesses that hold permits that are renewed annually are required to pay on or before April 30. Please be aware you can renew or register your permits online at https://epay.abc.nc.gov/ until April 30th. You will need your file number and pin from the annual Renewal & Registration form.

The alcohol permit holder is responsible for renewing the permit. If payment is received after April 30, a new application will need to be completed and submitted to the ABC Commission. The new application fee, stated on the application, will be applicable.

See List of Alcohol Permit Renewal Fees PDF file on the Permit Division Retail Forms page

Homemade Products Permanent Rules Effective - 14B NCAC 15A .2301 - .2307

Monday, January 7, 2019
​The Homemade Products (Homebrew) permanent rules became effective January 1, 2019.  These rules were adopted by the ABC Commission on November 14, 2018, approved by the Rules Review Commission on December 13, 2018, added to the Administrative Code on December 22, 2018, and will be published in the NC Register on February 1, 2019 .

Attachments

2018 Announcements

Tab/Accordion Items

Auction Sales Permanent Rules Effective - 15A .2201 - .2205

Wednesday, December 5, 2018
The Auction Sales permanent rules became effective December 1, 2018.  These rules were adopted by the ABC Commission on October 10, 2018, approved by the Rules Review Commission on November 15, 2018, and added to the Administrative Code on December 3, 2018.  The rules will be published in the North Carolina Register on January 2, 2019.

Attachments

Proposed Permanent Rule for Reissue Nonprofit Special Permits - 14B NCAC 15B .0114

Wednesday, November 14, 2018
​A proposed rule for Reissue Nonprofit Special Permits was approved by the ABC Commission and filed with the Office of Administrative Hearings on November 14, 2018.  As noticed in the Notice of Text, a public hearing on the proposed rule is set for February 13, 2019 at 10:00 a.m. and the public written comment period runs through February 15, 2019.

Attachments

Spirituous Liquor Special Events Fiscal Note - 15C .0101, .0102. .0901. .1301- .1306

Wednesday, September 19, 2018
​A fiscal note for the proposed adoption of Rules 14B NCAC 15C .1301 - .1306 and the amendments to Rules 14B NCAC 15C .0101, .0102, and .0901 was approved by the Office of Budget and Management for publication on August 31, 2018 and was adopted by the ABC Commission on September 12, 2018.  A copy of the fiscal note can be found here.

Growler Amendments Permanent Rules Effective - 15B .0217. .0220, 15C .0302 - .0304, .0307, .0308, .0403

Wednesday, August 15, 2018
​The Growler Amendments permanent rules became effective August 1, 2018.  These rules were adopted by the ABC Commission on June 13, 2018, approved by the Rules Review Commission on July 19, 2018, and added to the Administrative Code on August 14, 2018.  The rules will be published in the NC Register on September 4, 2018.

Attachments

Prohibited Statements in Advertising and on Labels Readopted Rule Effective - 15B .1003

Thursday, July 12, 2018
​The Prohibited Statements in Advertising and on Labels readopted permanent rule became effective July 1, 2018. This rule was adopted by the ABC Commission on May 16, 2018, approved by the Rules Review Commission on June 14, 2018, and added to the Administrative Code on July 12, 2018.  This rule will be published in the NC Register on August 1, 2018.

Attachments

Application for Permits Readopted Rules Effective - 15A .0104, 15B .0102, .0103, .0113, .1104

Thursday, July 12, 2018
​The Application for Permit readopted permanent rule, and other related rules, became effective July 1, 2018.  These rules were adopted by the ABC Commission on May 16, 2018, approved by the Rules Review Commission on June 14, 2018, and added to the Administrative Code on July 12, 2018.  The rules will be published in the North Carolina Register on August 1, 2018.

Attachments

Do You Have DOR Non Compliance Issues?

Wednesday, May 2, 2018
If during ABC online registration/renewal you receive a message saying you are DOR Non Compliant, please refer to the Department of Revenue link (https://www.ncdor.gov/abc-alcoholic-beverages-commission-tax-compliance) and contact a DOR office in your area. The ABC Commission does not maintain tax records and is unable to answer tax questions.

You must resolve the compliance issue with DOR before you can register and/or renew your NC ABC permits.

Attachments

Off-Site Storage Permanent Rule Effective

Monday, March 26, 2018
​The Off-Site Storage permanent rule became effective March 1, 2018.  This rule was adopted by the ABC Commission on January 17, 2018, approved by the Rules Review Commission on February 15, 2018, published in the NC Register on April 2, 2018, and has been added to the Administrative Code.

Attachments

Applications for Permit Readoption Fiscal Note - 15A .0104, 15B .0102, .0103, .0113, .1104

Wednesday, February 14, 2018
​A fiscal note for the proposed readoption of Rules 14B NCAC 15B .0102 and .0103, the adoption of 15A .0104 and 15B .0113, and the amendment to 15B .1104, was approved by the Office of Budget and Management for publication on February 13, 2018 and was adopted by the ABC Commission on February 14, 2018.  A copy of the fiscal note can be found here.

Distillery Sales on Premises Permanent Rules Effective

Thursday, February 1, 2018
​The Distillery Sales on Premises permanent rules became effective January 1, 2018.  These rules were adopted by the ABC Commission on November 15, 2017, approved by the Rules Review Commission on December 14, 2017 and have been added to the Administrative Code.  The rules were published in the NC Register on February 1, 2018.

Attachments

Antique Spirituous Liquor Sales Permanent Rules Effective

Thursday, February 1, 2018
​The Antique Spirituous Liquor Sales permanent rules became effective January 1, 2018.  These rules were adopted by the ABC Commission on November 15, 2017, approved by the Rules Review Commission on December 14, 2017 and have been added to the Administrative Code.  The rules were published in the NC Register on February 1, 2018.

Attachments