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)
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