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Triad Municipal ABC Board

3127 Starlight Drive

 Winston-Salem, NC  27107

tmabc@triadabc.org

 

 

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ABC LAWS

 

18B-302.     SALE TO, OR PURCHASE BY UNDERAGE PERSONS.

 (a)    SALE

It is unlawful for any person to sell or give malt beverages or unfortified wine, fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old.

 (b)    PURCHASE OR POSSESSION

It is unlawful for a person less than 21 years old to purchase, to attempt to purchase, or to possess malt beverages or unfortified wine, fortified wine, spirituous liquor, or mixed beverages.

(c)    AIDER AND ABETTOR

By Underage Person Ė Any person who is under the lawful age to purchase and who aids or abets another in violation of subsection (a) or (b) of this section shall be guilty of a Class 2 misdemeanor.

By Person Over Lawful Age Ė Any person who is over the lawful age to purchase and who aids or abets another in violation of subsection (a) or (b) of this section shall be guilty of Class 1 misdemeanor.

(d)     DEFENSE

It shall be a defense to a violation of subsection (a) of this section if the seller:  (1) Shows that the purchaser produced a driverís license, a special identification card issued under G.S. 20-37.7, a military identification card, or a passport, showing his age to be at least the required age for purchase and bearing a physical description of the person named on the card reasonably describing the purchaser; or (2) Produces evidence of other facts that reasonably indicated at the time of sale that the purchaser was at least the required age.

(e)     FRAUDULENT USE OF IDENTIFICATION

It shall be unlawful for any person to obtain or attempt to obtain alcoholic beverages in violation of subsection (b) of this section by using or attempting to use:

    (1) A fraudulent or altered driverís license; or

    (2) A fraudulent or altered identification document other than a driverís license; or

    (3) A driver's license issued to another person; or

    (4) An identification document other than a driverís license issued to another person.

(f)    ALLOWING THE USE OF IDENTIFICATION

If is unlawful for any person to permit the use of his driverís license or any other identification document of any kind by any person who violates or attempts to violate subsection (b) of this section.

(g)  CONVICTION REPORT SENT TO DIVISION OF MOTOR VEHICLES

The court shall file a Conviction Report with the Division of Motor Vehicles indicating the name of the person convicted and any other information requested by the Division if the person is convicted of:

(1)         A violation of subsection (e) or (f) of this section; or

(2)         A violation of subdivision (c) (1) of this section; or

(3)          A violation of subsection (b) of this section; if the violation occurred while the person was purchasing or attempting to purchase an alcoholic beverage.

18B-303.   AMOUNTS OF ALCOHOLIC BEVERAGES THAT MAY BE  PURCHASED

 (a)    PURCHASES ALLOWED PURCHASES ALLOWED  -  Without a permit, a person may purchase at one time:

(1)     Not more than 80 liters of malt beverages, other than draft malt beverages in kegs.

(2)          Any amount of draft malt beverages in kegs;

(3)          Not more than 20 liters of unfortified wine;

(4)          Not more than eight liters of either fortified wine or spirituous liquor, or eight liters of the two combined.

 (b)    UNLAWFUL PURCHASE  -  Except as provided in subsection (c) and in Article 11, it shall be unlawful for any person to purchase, or for any person to sell, an amount of alcoholic beverages greater than that stated in subsection (a).

 (c)   GREATER AMOUNTS  - Amounts of alcoholic beverages greater than those listed in subdivisions (a) (3) and (a) (4) may be purchased with a purchase-transportation permit under G.S. 18B-403.  (There is not a fee for the permit.)

 

18B-402.  ALCOHOLIC BEVERAGES PURCHASED OUT-OF-STATE

A person may bring into North Carolina alcoholic beverages purchased legally outside the jurisdiction of this State in the same amounts that my be legally transported within the State under G.S. 18B-400 or G.S. 18B-403, except that no more than four liters of spirituous liquor purchased outside this State may be brought into this State.  

 

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