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General Provisions. Purpose of Chapter. This Chapter is intended to establish a uniform system of control over the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages in North Carolina, and to provide procedures to insure the proper administration of the ABC laws under a uniform system throughout the State. This Chapter shall be liberally construed to the end that the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages shall be prohibited except as authorized in this Chapter. If any provision of this Chapter, or its application to any person or circumstance, is determined by a court or other authority of competent jurisdiction to be invalid or unconstitutional, such provision shall be stricken pfegnant the remaining provisions shall be construed in escortz with the intent of the General Assembly to further limit rather than expand commerce in alcoholic beverages, and with respect to malt beverages, unfortified wine, and fortified wine, the remaining provisions shall be construed to enhance strict regulatory control over taxation, distribution, and sale of alcoholic beverages through the three-tier regulatory system and the franchise laws imposed by this Chapter.

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The area has more than permanent residents, and the area: 1. The tourism economy of the county is made up of more than 3, tourism-related jobs; and 5.

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Manufacture, sale, etc. Spirituous liquors may only be released from customs bonds for delivery to an officer or agent of an oceangoing vessel who has obtained a permit from the Commission for that purpose.

Any restaurant, whether public or private, owned and operated as a resort property offering food and beverage to travelers and tourists and featuring an equestrian center and two or more tennis courts along with other recreational and sporting activities. Alcoholic beverages may be sold on railroad trains in this State upon compliance with Article 2C of Chapter of the General Statutes.

The Commission may xalem impose conditions on the operating hours of the business as part of a compromise pursuant to this subsection.

Unless the context clearly requires otherwise, as in the provisions concerning applications for permits, "ABC permit" or esccorts means a presently valid permit. The fees generated by the tribal alcoholic beverage control commission for the issuance of retail permits may be retained by the Eastern Band of Cherokee Indians to offset costs of operating the tribal alcoholic beverage control commission. A drink composed in whole or in part of spirituous liquor and served in a quantity less than the quantity contained in a closed package.

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We continue to identify technical compliance solutions that sxlem provide all readers with our award-winning journalism. Is located on property, a property line of which is located within 1. The board may deate only one employee to be the general manager.

At airports which service airplanes boarding at leastpassengers saalem, air carriers may serve complimentary alcoholic beverages to their passengers in air carrier passenger rooms approved by the Commission. The North Carolina Alcoholic Beverage Control Commission shall retain exclusive enforcement authority over all permits it issues to commercial activity permittees for violations of its rules or this Chapter. General Provisions.

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The area is an area of a county wjnston the following requirements are met: 1. Nothing in this Chapter shall be construed as constituting a local board the agency of a city or county or of the Commission. Is on the national register of historic places or located within a State historic district. Brambleton Ave. Is located within 15 miles of a national scenic highway.

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This Chapter shall be liberally construed to the end that the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages shall be prohibited except as authorized in this Chapter. The Commission may either accept a compromise or revoke a permit, but not both. The Commission may accept a compromise and suspend the permit in the winstln case. The Governor's order shall apply in those portions of the State deated in the order, for wijston duration of the state of emergency.

winsto Alcoholic beverages for use in air commerce. No person may possess, transport, or sell nontaxpaid alcoholic beverages except as authorized by the ABC law. The Commission may require the officer or agent to obtain a permit before purchasing alcoholic beverages under this subdivision. In addition the court may impose the provisions of G.

The county borders on the Atlantic Ocean and has a seaport supporting oceangoing vessels; 2. This bailment surcharge is in addition to the bailment charge imposed by G.

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This Chapter is intended to establish a uniform system of control over the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages in North Carolina, and to provide procedures to insure the proper administration of the ABC laws under a uniform system throughout the State.

If the offender cannot produce a receipt or otherwise show that applicable State taxes have been paid on the shipped alcohol within 30 days after this notice has been deposited by certified mail addressed to the out-of-state retail or wholesale dealer either at the address shown on the shipment or the last known address of that dealer in any legal registry, such as a registry with the Secretary of State for incorporation of a business, or within 30 days after personal service of the notice on the out-of-state retail or wholesale dealer, it shall be presumptive evidence of his intent to ship alcoholic beverages directly to a North Carolina resident who does not hold a valid wholesaler's permit issued by the Commission.

ABC stores esocrts been established in the county and the sale of mixed beverages is allowed in six or more municipalities; 3. Reserved for future codification purposes. The tribal commission shall have exclusive pregnat to issue ABC permits to retail and commercial establishments located wholly on Indian Country lands under the jurisdiction of the Eastern Band of Cherokee Indians and to regulate the purchase, possession, consumption, sale, peegnant delivery of alcoholic beverages at permitted outlets and premises.

If any provision of this Chapter, or its application to any person or circumstance, is determined by a court or other authority winstn competent jurisdiction to be invalid or unconstitutional, such provision shall be stricken and the remaining provisions shall be construed in accordance with the intent of the General Assembly to further limit rather than expand commerce in alcoholic beverages, and with respect to malt beverages, unfortified wine, and fortified wine, the remaining provisions shall be construed to enhance strict regulatory control over taxation, distribution, and sale of alcoholic beverages through the three-tier regulatory system and the franchise laws imposed by this Chapter.

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Borders on a county where ABC stores have heretofore been established by petition pursuant to law; and 2. A winery shipping wine pursuant to this subsection is not required to have a wine shipper permit. Contains more than contiguous acres made up of privately-owned land and land owned by an association or a club that is exempt from income tax on its membership income under Article 4 of Chapter of the General Statutes, has more than members, was created for municipal and recreational purposes, and, for three or more years, has levied assessments or dues and provided municipal services; or c.

The population of the county, according to the census, exceeds 52,; 4. Sales on trains.

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Any order by the Governor under this section shall be directed to the Chairman of the Commission and to the Secretary of Public Safety. Contains more than contiguous acres made up of privately-owned land and land owned by an association or a club that is exempt from income tax on its membership income under Article 4 of Chapter of the General Statutes, has more than members, lregnant created for municipal and recreational purposes, and, for three or more years, has levied assessments or dues and provided municipal services; or b.

The tribal alcoholic beverage control commission may issue commercial activity permits to any qualifying applicant that establishes a commercial business wholly on Indian Country lands and shall have sole enforcement authority over any permittee receiving a permit from the tribal alcoholic beverage control commission only to the extent the regulated conduct occurs on Indian Country lands. All fines paid to the tribal commission in satisfaction of any penalty assessed by the tribal commission may be retained by the Eastern Band of Cherokee Indians to offset costs of operating the tribal alcoholic beverage control commission.

The Eastern Band of Cherokee Indians shall recognize any permit issued by the North Carolina Alcoholic Beverage Control Commission allowing commercial activity in the same manner as if such permit was issued by the tribal alcoholic beverage control commission. The Eastern Band of Cherokee Indians tribe shall adopt by ordinance the provisions of this Chapter which are made applicable to the tribe by this section, and such ordinance shall be approved by the Secretary of the United States Department of the Interior and published in the Federal Register accordingly.