State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-201

§18B‑201.  Conflict of interest.

(a)        Financial InterestsRestricted. – No person shall be appointed to or employed by the Commission, alocal board, or the ALE Division if that person or a member of that person'sfamily related to that person by blood or marriage to the first degree has orcontrols, directly or indirectly, a financial interest in any commercialalcoholic beverage enterprise, including any business required to have an ABCpermit.  The Commission may exempt from this provision any person, other than aCommission member, when the financial interest in question is so insignificantor remote that it is unlikely to affect the person's official actions in anyway.  Exemptions may be granted only to individuals, not to groups or classesof people, and each exemption shall be in writing, be available for publicinspection, and contain a statement of the financial interest in question.

(b)        Self‑dealing.– The provisions of G.S. 14‑234 shall apply to the Commission and localboards.

(c)        Dealing for FamilyMembers. – Neither the Commission nor any local board shall contract orotherwise deal in any business matter so that a member's spouse or any personrelated to him by blood to a degree of first cousin or closer in any waybenefits, directly or indirectly, from the transaction unless:

(1)        The member whoserelative benefits from the transaction abstains from participating in any way,including voting, in the decision;

(2)        The minutes of themeeting at which the final decision is reached specifically note the memberwhose spouse or relative is benefited and the amount involved in eachtransaction;

(3)        The next annualaudit of the Commission or local board specifically notes the member and theamount involved in each transaction occurring during the year covered by theaudit; and

(4)        If the transactionis by a local board, the Commission is notified at least two weeks before finalboard approval of the transaction. (1981, c. 412, s. 2; 1993, c.415, s. 4.)