State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-102_1

§18B‑102.1.  Direct shipments from out‑of‑state prohibited.

(a)        It is unlawful forany person who is an out‑of‑state retail or wholesale dealer in thebusiness of selling alcoholic beverages to ship or cause to be shipped anyalcoholic beverage directly to any North Carolina resident who does not hold avalid wholesaler's permit under Article 11 of this Chapter.

(b)        The Commissionshall mail a notice by certified mail ordering a person who violates theprovisions of subsection (a) of this section to cease and desist any shipmentsof alcoholic beverages to North Carolina residents. If the offender cannotproduce a receipt or otherwise show that applicable State taxes have been paidon the shipped alcohol within 30 days after this notice has been deposited bycertified mail addressed to the out‑of‑state retail or wholesaledealer either at the address shown on the shipment or the last known address ofthat dealer in any legal registry, such as a registry with the Secretary ofState for incorporation of a business, or within 30 days after personal serviceof the notice on the out‑of‑state retail or wholesale dealer, itshall be presumptive evidence of his intent to ship alcoholic beveragesdirectly to a North Carolina resident who does not hold a valid wholesaler'spermit issued by the Commission.

(c)        This section shallnot apply to producers of beverage alcohol holding a basic permit from theBureau of Alcohol, Tobacco and Firearms.

(d)        Upon determinationby the Commission that a holder of a basic permit from the Bureau of Alcohol,Tobacco and Firearms has made an illegal shipment to consumers in NorthCarolina, the Commission shall notify the Bureau of Alcohol, Tobacco andFirearms in writing and by certified mail and request the Bureau to takeappropriate action.

(e)        Whoever violatesthe provisions of this section shall be guilty of a Class I felony and shallpay a fine of not more than ten thousand dollars ($10,000). (1997‑348,s. 1.)