State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-122

§18B‑122.  Burden of proof and admissibility of evidence.

The plaintiff shall have theburden of proving that the sale or furnishing of the alcoholic beverage to theunderage person, as defined, was, under the circumstances, negligent. Proof ofthe sale or furnishing of the alcoholic beverage to an underage person, asdefined, without request for identification shall be admissible as evidence ofnegligence. Proof of good practices (including but not limited to, instructionof employees as to laws regarding the sale of  alcoholic beverages, training ofemployees, enforcement techniques, admonishment to patrons concerning lawsregarding the purchase or furnishing of alcoholic beverages, or detention of aperson's identification documents in accordance with G.S. 18B‑129 andinquiry about the age or degree of intoxication of the person), evidence that an underage person misrepresented his age, or that the sale or furnishing wasmade under duress is admissible as evidence that the permittee was notnegligent. (1983, c. 435, s. 37.)