State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-1002

§ 18B‑1002.  Special one‑timepermits.

(a)        Kinds of Permits. –In addition to the other permits authorized by this Chapter, the Commission mayissue permits for the following activities:

(1)        A permit may beissued to a person who acquires ownership or possession of alcoholic beveragesthrough bankruptcy, inheritance, foreclosure, judicial sale, or other specialoccurrence, and who does not already have a permit authorizing the sale of thatkind of alcoholic beverage. The permit may authorize the sale or otherdisposition of the alcoholic beverages in a manner prescribed by theCommission.

(2)        A permit may beissued to a nonprofit organization to allow the retail sale of malt beverages,unfortified wine, fortified wine, or mixed beverages, or to allow brown‑bagging,at a single fund‑raising event of that organization. A permit for thispurpose shall not be issued for the sale of any kind of alcoholic beverage in ajurisdiction where the sale of that alcoholic beverage is not lawful.

(3)        A permit may beissued to a permittee who is going out of business to authorize the sale orother disposition of his alcoholic beverages stock in a manner that would nototherwise be authorized under his permit.

(4)        A permit may beissued to a collector of wine or decorative decanters of spirituous liquorauthorizing that person to bring into the State, transport, or possess as acollector, a greater amount of those alcoholic beverages than is otherwiseauthorized by this Chapter, or to sell those alcoholic beverages in a manner prescribedby the Commission.

(5)        A permit may beissued to a unit of local government, or to a nonprofit organization or apolitical organization to serve wine, malt beverages, and spirituous liquor ata ticketed event held to allow the unit of local government or organization toraise funds. For purposes of this subdivision "nonprofitorganization" means an organization that is exempt from taxation underSection 501(c)(3), 501(c)(4), 501(c)(6), 501(c)(8), 501(c)(10), 501(c)(19), or501(d) of the Internal Revenue Code or is exempt under similar provisions ofthe General Statutes as a bona fide nonprofit charitable, civic, religious,fraternal, patriotic, or veterans' organization or as a nonprofit volunteerfire department, or as a nonprofit volunteer rescue squad or a bona fidehomeowners' or property owners' association. For purposes of this subdivision"political organization" means an organization covered by theprovisions of G.S. 163‑96(a)(1) or (2) or a campaign organizationestablished by or for a person who is a candidate who has filed a notice ofcandidacy, paid the filing fees or filed the required petition, and beencertified as a candidate. The issuance of this permit will also allow theissuance of a purchase‑transportation permit under G.S. 18B‑403 and18B‑404 and the use for culinary purposes of spirituous liquor lawfullypurchased for use in mixed beverages.

(b)        Intent. – Permitsunder this section are to be issued only for the limited circumstances listedin subsection (a) of this section and not as substitutes for other permitsrequired by this Chapter.

(c)        Conditions ofPermit. – A permit issued under this section shall be valid only for the singletransaction or the kind of activity specified in the permit and shall besubject to any conditions the Commission may impose as to the time, place andmanner of the authorized activity.

(d)        AdministrativeProcedure. – Denial or revocation of a permit under this section shall notentitle the applicant or permittee to a hearing under Chapter 150B.  (1977, c. 854, s. 1; 1981,c. 412, s. 2; 1987, c. 434, s. 2; c. 827, s. 1; 1989, c. 130; c. 800, ss. 13,14; 2001‑262, s. 9; 2008‑159, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-1002

§ 18B‑1002.  Special one‑timepermits.

(a)        Kinds of Permits. –In addition to the other permits authorized by this Chapter, the Commission mayissue permits for the following activities:

(1)        A permit may beissued to a person who acquires ownership or possession of alcoholic beveragesthrough bankruptcy, inheritance, foreclosure, judicial sale, or other specialoccurrence, and who does not already have a permit authorizing the sale of thatkind of alcoholic beverage. The permit may authorize the sale or otherdisposition of the alcoholic beverages in a manner prescribed by theCommission.

(2)        A permit may beissued to a nonprofit organization to allow the retail sale of malt beverages,unfortified wine, fortified wine, or mixed beverages, or to allow brown‑bagging,at a single fund‑raising event of that organization. A permit for thispurpose shall not be issued for the sale of any kind of alcoholic beverage in ajurisdiction where the sale of that alcoholic beverage is not lawful.

(3)        A permit may beissued to a permittee who is going out of business to authorize the sale orother disposition of his alcoholic beverages stock in a manner that would nototherwise be authorized under his permit.

(4)        A permit may beissued to a collector of wine or decorative decanters of spirituous liquorauthorizing that person to bring into the State, transport, or possess as acollector, a greater amount of those alcoholic beverages than is otherwiseauthorized by this Chapter, or to sell those alcoholic beverages in a manner prescribedby the Commission.

(5)        A permit may beissued to a unit of local government, or to a nonprofit organization or apolitical organization to serve wine, malt beverages, and spirituous liquor ata ticketed event held to allow the unit of local government or organization toraise funds. For purposes of this subdivision "nonprofitorganization" means an organization that is exempt from taxation underSection 501(c)(3), 501(c)(4), 501(c)(6), 501(c)(8), 501(c)(10), 501(c)(19), or501(d) of the Internal Revenue Code or is exempt under similar provisions ofthe General Statutes as a bona fide nonprofit charitable, civic, religious,fraternal, patriotic, or veterans' organization or as a nonprofit volunteerfire department, or as a nonprofit volunteer rescue squad or a bona fidehomeowners' or property owners' association. For purposes of this subdivision"political organization" means an organization covered by theprovisions of G.S. 163‑96(a)(1) or (2) or a campaign organizationestablished by or for a person who is a candidate who has filed a notice ofcandidacy, paid the filing fees or filed the required petition, and beencertified as a candidate. The issuance of this permit will also allow theissuance of a purchase‑transportation permit under G.S. 18B‑403 and18B‑404 and the use for culinary purposes of spirituous liquor lawfullypurchased for use in mixed beverages.

(b)        Intent. – Permitsunder this section are to be issued only for the limited circumstances listedin subsection (a) of this section and not as substitutes for other permitsrequired by this Chapter.

(c)        Conditions ofPermit. – A permit issued under this section shall be valid only for the singletransaction or the kind of activity specified in the permit and shall besubject to any conditions the Commission may impose as to the time, place andmanner of the authorized activity.

(d)        AdministrativeProcedure. – Denial or revocation of a permit under this section shall notentitle the applicant or permittee to a hearing under Chapter 150B.  (1977, c. 854, s. 1; 1981,c. 412, s. 2; 1987, c. 434, s. 2; c. 827, s. 1; 1989, c. 130; c. 800, ss. 13,14; 2001‑262, s. 9; 2008‑159, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-1002

§ 18B‑1002.  Special one‑timepermits.

(a)        Kinds of Permits. –In addition to the other permits authorized by this Chapter, the Commission mayissue permits for the following activities:

(1)        A permit may beissued to a person who acquires ownership or possession of alcoholic beveragesthrough bankruptcy, inheritance, foreclosure, judicial sale, or other specialoccurrence, and who does not already have a permit authorizing the sale of thatkind of alcoholic beverage. The permit may authorize the sale or otherdisposition of the alcoholic beverages in a manner prescribed by theCommission.

(2)        A permit may beissued to a nonprofit organization to allow the retail sale of malt beverages,unfortified wine, fortified wine, or mixed beverages, or to allow brown‑bagging,at a single fund‑raising event of that organization. A permit for thispurpose shall not be issued for the sale of any kind of alcoholic beverage in ajurisdiction where the sale of that alcoholic beverage is not lawful.

(3)        A permit may beissued to a permittee who is going out of business to authorize the sale orother disposition of his alcoholic beverages stock in a manner that would nototherwise be authorized under his permit.

(4)        A permit may beissued to a collector of wine or decorative decanters of spirituous liquorauthorizing that person to bring into the State, transport, or possess as acollector, a greater amount of those alcoholic beverages than is otherwiseauthorized by this Chapter, or to sell those alcoholic beverages in a manner prescribedby the Commission.

(5)        A permit may beissued to a unit of local government, or to a nonprofit organization or apolitical organization to serve wine, malt beverages, and spirituous liquor ata ticketed event held to allow the unit of local government or organization toraise funds. For purposes of this subdivision "nonprofitorganization" means an organization that is exempt from taxation underSection 501(c)(3), 501(c)(4), 501(c)(6), 501(c)(8), 501(c)(10), 501(c)(19), or501(d) of the Internal Revenue Code or is exempt under similar provisions ofthe General Statutes as a bona fide nonprofit charitable, civic, religious,fraternal, patriotic, or veterans' organization or as a nonprofit volunteerfire department, or as a nonprofit volunteer rescue squad or a bona fidehomeowners' or property owners' association. For purposes of this subdivision"political organization" means an organization covered by theprovisions of G.S. 163‑96(a)(1) or (2) or a campaign organizationestablished by or for a person who is a candidate who has filed a notice ofcandidacy, paid the filing fees or filed the required petition, and beencertified as a candidate. The issuance of this permit will also allow theissuance of a purchase‑transportation permit under G.S. 18B‑403 and18B‑404 and the use for culinary purposes of spirituous liquor lawfullypurchased for use in mixed beverages.

(b)        Intent. – Permitsunder this section are to be issued only for the limited circumstances listedin subsection (a) of this section and not as substitutes for other permitsrequired by this Chapter.

(c)        Conditions ofPermit. – A permit issued under this section shall be valid only for the singletransaction or the kind of activity specified in the permit and shall besubject to any conditions the Commission may impose as to the time, place andmanner of the authorized activity.

(d)        AdministrativeProcedure. – Denial or revocation of a permit under this section shall notentitle the applicant or permittee to a hearing under Chapter 150B.  (1977, c. 854, s. 1; 1981,c. 412, s. 2; 1987, c. 434, s. 2; c. 827, s. 1; 1989, c. 130; c. 800, ss. 13,14; 2001‑262, s. 9; 2008‑159, s. 1.)