Alcohol Beverage Control (ABC) Laws and Procedures Questions and Answers 2023

Alcohol Beverage Control (ABC) Laws and Procedures Questions and Answers 2023 Nontaxpaid Alcoholic Beverage Taxes not paid on alcohol. Alcoholic Beverages Any beverage 0.5% or greater ABV. Includes malts, wines, spirits and mixed drinks. Malt Beverage Brewed/fermented beverages with 0.5% to 15% ABV. If over 6%, must have label showing alcohol content. Unfortified Wine 16% or less ABV wine. Made by fermentation of pure grapes, fruits, berries, rice or honey; or addition of sugar; or addition of pure brandy from same original source. Fortified Wine Wine between 16% and 24% ABV. Made by fermentation of pure grapes, fruits, berries, rice or honey; or addition of sugar; or addition of pure brandy from same original source. Good Acronym for the different types of drinks. "AMUFS" Alcoholic beverages: 0.5%+ Malts: 0.5%-15%, 6%+ requires label Unfortified wine: Up to 16% Fortified Wine: 16%-24% Spirituous liquour i.e. "Spirits": spirits/ghosts are very mysterious; therefore, there is no given percentage of alcohol. Mixed Beverage (1) 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. (2) A premixed cocktail served from a closed package containing only one serving. [Think of how mixed drinks are actually made. It's a mixture of different alcohols/flavors from larger containers of alcohol, such as vodka or rum. Or, they also sell frozen mixed drinks in Walmart that is premixed in a factory.] Premises All areas, whether inside or outside the licensed premises, where the permittee has control of the property through a lease, deed, or other legal process. Sale Any transfer, trade, exchange, or barter, in any manner or by any means, for consideration. Consideration is something of value received by a person who sells, from a person to whom a sale is made. Can you give alcohol to someone who is under 21? No. It is unlawful to sell or give alcoholic beverages to a person under 21 years of age. Can you give alcohol to an intoxicated person? It is unlawful to knowingly sell or give alcoholic beverages to an intoxicated person or to someone who has been refused the right to purchase alcohol. Keyword: KNOWINGLY. You work for Sheetz. Sheetz sells alcoholic beverages. A man is clearly drunk and wants to purchase a 12 pack of beer. Can you refuse the sale of alcohol to him? Yes. Any employee of a permittee may refuse the sale or service of alcohol to an intoxicated person. What law determines the purchases, possession, and consumption of malt beverages and unfortified wines to those 21 and older? Chapter 18B. "B" for "Beer" If you are 21 or older, how many fortified wines and spirituous liquor ("Spirits") can you keep at your residence? Any amount. It is LAWFUL for any person 21 and older to possess for lawful purposes ANY amount of fortified wine and spirituous liquor at his home or temporary residence, such as a hotel room. On licensed premises, what are the hours of consumption for Monday through Saturday? 7AM-230AM. SALES must STOP at 2AM, but consumption may continue on the premises until 230AM. On licensed premises, what are the hours of consumption for Sundays? Noon-230AM. What is the only exception to the Sunday hours of consumption rule? If a permittee has brown-bagging or mixed beverages permits. What are the hours of sale Monday through Saturday? 7AM-2AM. What are the hours of sale on Sundays? Noon-2AM. On Sundays, what is the local ordinance that may be placed on malt beverages, unfortified wines and fortified wines? Local ordinances may prohibit sales of malt beverages, unfortified wine, and fortified wine after noon on Sunday, but not on brown bagging or mixed beverages permittees. What is Off-Premises consumption? No drinking on premises of permittee if the permittee only has an off-premises license for the drink you're buying. For example, if Sheetz only has an off-premises license for wine, then you CANNOT open the bottle of wine in Sheetz and drink it. Define the statute of "Conduct on a Licensed Premise"? Fighting, violation of the controlled substances laws, gambling, or prostitution statutes, or any other disorderly conduct or other unlawful act can be enforced by a local LEO under this statute. Basically, unlawful acts on a licensed premise can be enforced under this statute. What alcohol consumption local ordinance may be adopted in relation to public streets? 1) May regulate the consumption of MALTS and UNFORTIFIED wines. 2) Person is not in a motor vehicle. 3) Property must be owned/occupied by the city/county. What open alcohol containers local ordinance may be adopted in relation to public streets? 1) May regulate the open containers of MALTS and UNFORTIFIED wines. 2) Person is not in a motor vehicle. 3) Property must be owned/occupied by the city/county. What possessions of alcohol may local ordinances adopt in relation to special events? 1) May regulate the possession of MALTS and UNFORTIFIED wines. 2) Must be a public street, alley or parking lot. 3) Only those areas that are temporarily closed to regular traffic for special events. What is NCGS 18B-301(F) ? Governs the unlawful possession or use of alcoholic beverages. Provides specific examples of unlawful acts. Where is it unlawful to consume fortified wine, spirits or mixed beverages or to offer such beverages to another person? i. On the premises of an ABC store. ii. Upon any property used or occupied by a local ABC board. iii. Or, on any public road, street, highway, or sidewalk. In relation to alcohol, what is not allowed to be displayed at an athletic event? It is unlawful to display publicly at an athletic contest fortified wine, spirits, or mixed beverages. What is NCGS18B-301(A)? Allows those 21 and older to possess for lawful purposes any amount of fortified wine and spirits at his home or other property. In relation to alcohol, what is the law in regards to education properties? It is unlawful to possess on his person or consume malt beverages or unfortified wine upon any property owned or leased by a local board of education and used by the local board of education for school purposes. How much BAC does a person UNDER 21 need to have to be charge with DWI? A BAC of any amount. What is the purpose of purchase transportation permit? To aid the officer in their investigations to identify the source of alcohol. What is the legal purchase limit for malt beverages? 80 liters max in cans or bottles per transaction. If over 80 liters, except draft malt beverages in kegs, it creates a presumption that it's possessed for the purpose of sale. May purchase any amount in kegs if have a purchase transportation permit. [Remember: "Malt 80"]. What is the legal purchase limit for UNFORTIFIED wine? No more than 50 liters in one transaction. [Remember: Un 50]. What is the legal purchase limit for FORTIFIED wines and spirits? No more than 8 liters total, either single type or in combination per transaction. [Remember: Fort 8, Spirit 8]. Good way to remember the legal purchase limits? The highest alcohol contents have the least amounts in limits. Remember: "MUFS" Malt 80 Un 50 Fort 8 Spirit 8 What is the charge for a 19 or 20 year old to possess or consume a malt beverage or unfortified wine? Class 3 misdemeanor. What is the charge for any person who is underage and unlawfully aids in getting alcohol for another person? Class 2 misdemeanor. What is the charge for any person who is of age and unlawfully aids in getting alcohol for another person? Class 1 misdemeanor. What is the law in regards to using a fake ID for alcohol and alcoholic premises? It's unlawful to attempt or actually enter a place that sells alcoholic beverages, or attempt or actually obtain alcohol using a fake or altered ID What IDs are acceptable to purchase alcohol? NCDL, NC Special ID, Passport and Military ID. [DSPM]. What are Graduated Licenses? Color coded driver's licenses to indicate a person's age. These are issued by the NCDMV. If the driver is 15 to 18, then the ID will have what color bars? A red bar and a yellow bar. If the driver is 18 to 20, then the ID will have what color bars? Just a red bar. Is it LEGAL to make your own malt beverages and unfortified wines? Yes. Is it LEGAL to sell your homemade malt beverages or unfortified wines? No, it is illegal to sell. Only legal to make. However, you are allowed to gift it.