Note: This section summarizes the temporary changes implemented due to the coronavirus pandemic that are of interest to interstate suppliers. Bars are closed. Restaurants may remain open, serving food and beverages for carry-out, drive-through, and delivery only. Restaurant staff are not permitted to serve patrons indoors or in an outdoor seating area. Retail permittees may deliver beer and wine for off-premises 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 the Governor’s Executive Order remains in effect. State liquor stores are not required to close. ABC Local Boards may determine whether to keep the ABC stores in[…]

Alcoholic Beverage Control Commission 400 East Tryon Road Raleigh, North Carolina 27610 (Mailing Address) 4307 Mail Service Center Raleigh, North Carolina 27699-4307 919-779-0700 (phone) 919-662-3583 (fax) License & Excise Tax Division Department of Revenue 1429 Rock Quarry Rd., Suite 105 Raleigh, North Carolina 27640-0640 (Mailing Address) P. O. Box 25000 Raleigh, North Carolina 27640-0640 919-707-7500 (phone) 919-733-8654 (fax) Secretary of State Business Services 2 South Salisbury Street Raleigh, North Carolina 27601-2903 (Mailing Address) P. O. Box 29622 Raleigh, North Carolina 27626-0622 919-814-5400 (phone) 919-807-2039 (fax)

Outside signs may not be given, loaned, rented or sold to any retail licensee by any industry member. Further, the Installation, repair or maintenance service of equipment, including outdoor signs, shall not be furnished, given, provided or made available to a retail permittee by an industry member, even if the retailer is charged or billed for the services at their market value. [NC Regulations, Title 14B, Subchapter 15C, Rule .0709.] Point of sale materials and price boards may not be located in a way that they are visible outside the premises. However, point-of-sale advertising which is visible from outside the venue may be displayed within a sports or entertainment venue that offers permanent seating for three thousand (3,000) or more,[…]

Prohibited. [NC Regulations, Title 14B, Subchapter 15B, Rule .1013.] Note: Retail licensees can offer their own discounts, but suppliers and wholesalers may not participate. Participation would be a violation of North Carolina Law. [NC Law, Chapter 18B, Article 11, Section 18B-1116(a)(3).] Discounts offered by retailers through coupons, rebates, membership cards, discount cards, or loyalty cards may not exceed thirty-five percent (35%) of the advertised retail price. [NC Regulations, Title 14B, Subchapter 15B, Rule .1004.]

No supplier or wholesaler may have any direct or indirect interest in a retail licensee or its premises. [NC Law, Chapter 18B, Article 11, Section 18B-1116; NC Regulations Title 14B, Subchapter 15C, Rule .0706.] A supplier or an officer, director, employee or affiliate of a supplier may not acquire, possess, or otherwise maintain an ownership interest in a wholesaler except as expressly authorized. The provisions which formerly allowed a supplier to assist the proposed purchaser of a wholesaler’s business have been repealed. [NC Law, Chapter 18B, Article 11, Section 18B-1119.] In addition, any person who is engaged in any manner in the manufacturing, rectifying, bottling or wholesaling of spirituous liquors cannot work on the premises of a mixed beverage permittee.[…]

Only wine is sold through North Carolina wholesalers. For information regarding the mechanics of—and restrictions on—changing prices on distilled spirits and fortified wine sold through the state-controlled system, refer to the NORTH CAROLINA CONTROL Digest. 4.1 Price Posting/Quotations/Lead Times Not required. Price posting to the Alcoholic Beverage Control Commission is not required. Introductory prices for new items/sizes can become effective upon receipt of label approval from the Alcoholic Beverage Control Commission. There are no statutory or regulatory provisions regarding advance notification of price changes. However, in practice, wholesalers prefer advance notification of price changes, particularly increases. 4.2 Case Code Label Requirements None. Applicable only to sales to the Alcoholic Beverage Control Commission. Refer to NORTH CAROLINA CONTROL DIGEST for specific[…]

3.1 Product Approval Requirements Label registration is required for wine and malt beverages. Forms and instructions can be found on the Commission website. [NC Regulations Title 14B, Subchapter 15C, Rules .0201 and .0202.] The following information/documentation is required. Completed product/label approval form with original label(s) attached, each product listed on a separate form. A copy of the federal Certificate of Label Approval. For wine, analysis statement completed in its entirety, as shown on the product/label approval form, or a sample bottle for analysis. For malt beverages, certified analysis showing the alcoholic content by volume, bearing the signature of the person performing the analysis. Effective January 31, 2020, there is no fee to register a malt beverage or wine product. Distribution[…]

Growlers of malt beverages and unfortified wine are allowed. 17.6.1 Pre-filled Growlers Holders of brewery permits and unfortified winery permits may pre-fill growlers. Pre-filled growlers must be labeled in accordance with the Commission’s rules, and label approval is required. Growlers pre-filled by manufacturers may be shipped to purchasers inside and outside the state. 17.6.2 Growlers filled on demand Manufacturers and holders of on-sale and off-sale retail beer and unfortified wine permits and wine shop permits are allowed to fill/refill growlers on demand. Growlers filled on demand are required to be sanitized and labeled in accordance with the Commission rules and include the Government Warning required by Federal law and regulation. [NC Law, Chapter 18B, Article 10, Section 1001, Subparagraphs (1),[…]

Permitted. North Carolina law requires a wholesaler to service all retail permit holders within its designated territory without discrimination, and to make a good faith effort to make available any brand of wine or malt beverages the wholesaler is authorized to distribute in the territory. The statutes provide an explicit exception to this requirement for retail permit holder private label brands. [NC Law, Chapter 18B, Article 12, Section 18B-1203 and Article 13, Section 18B-1303.] An exception for retailer private label brands is also made in the labeling requirements for wine labels. Information normally required on the brand label of a wine may be stated on a separate label in the case of a retailer private label brand. [NC Regulations Title[…]

14.1 Direct Sales and Shipments to Consumers A person or entity holding a federal basic permit as a bonded wine cellar or bonded winery only located either in North Carolina or another state may obtain a Wine Shipper Permit that will allow the shipment of the wine brands identified in the application. (The list of brands can be amended as needed by filing an amended list with the Commission.) The following conditions apply: Any winery applying for a Wine Shipper Permit must notify any North Carolina wholesalers authorized to distribute the winery’s brands in North Carolina of the application for this permit. A wine shipper permittee may sell and ship a maximum of two (2) cases of wine per month[…]