State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-301

§18B‑301.  Possession and consumption of fortified wine and spirituousliquor.

(a)        Possession at Home.– It shall be lawful, without an ABC permit, for any person at least 21 yearsold to possess for lawful purposes any amount of fortified wine and spirituousliquor at his home or a temporary residence, such as a hotel room.

(b)        Possession on OtherProperty. – It shall be lawful, without an ABC permit, for a person to possessfor his personal use and the use of his guests not more than eight liters offortified wine or spirituous liquor, or eight liters of the two combined, atthe following places:

(1)        The residence of anyother person with that person's consent;

(2)        Any other propertynot primarily used for commercial purposes and not open to the public at thetime the alcoholic beverage is possessed, if the owner or other person incharge of the property consents to that possession and consumption;

(3)        An establishmentwith a brown‑bagging permit as defined in G.S. 18B‑1001(7).

(c)        Special Occasions.– It shall be lawful for a person to possess, without a permit and not forsale, any amount of fortified wine or spirituous liquor for a private party,private reception, or private special occasion, at the following places:

(1)        His home or atemporary residence, such as a hotel room;

(2)        Any other propertynot primarily used for commercial purposes, which is under his exclusivecontrol and supervision, and which is not open to the public during the event;

(3)        The licensedpremises of any business for which the Commission has issued a specialoccasions permit under G.S. 18B‑1001(8), if he is the host of thatprivate function and has the permission of the permittee.

(d)        Consumption. – Itshall be lawful for a person to consume fortified wine and spirituous liquor inany place where it is lawful for him to possess those alcoholic beverages undersubsections (a) through (c).

(e)        Incident to Sale. –It shall be lawful to possess fortified wine and spirituous liquor at anyplace, such as an ABC store, where possession is a necessary incident to lawfulsale. Consumption at such a place shall be unlawful unless the establishmenthas a permit authorizing consumption on the premises as well as sale.

(f)         UnlawfulPossession or Use. – As illustration, but not limitation, of the generalprohibition stated in G.S. 18B‑102(a), it shall be unlawful for:

(1)        Any person toconsume fortified wine, spirituous liquor, or mixed beverages or to offer suchbeverages to another person:

a.         On the premises ofan ABC store, or

b.         Upon any propertyused or occupied by a local board, or

c.         On any public road,street, highway, or sidewalk.

(2)        Any person todisplay publicly at an athletic contest fortified wine, spirituous liquor, ormixed beverages;

(3)        Any person to permitany fortified wine, spirituous liquor, or mixed beverages to be possessed orconsumed upon any premises not authorized by this Chapter;

(4)        Any person topossess or consume any fortified wine, spirituous liquor, or mixed beveragesupon any premises where such possession or consumption is not authorized bylaw, or where the person has been forbidden to possess or consume that beverageby the owner or other person in charge of the premises;

(5)        Any person topossess on any of the premises described in subsections (a) through (c) agreater amount of fortified wine or spirituous liquor than authorized by thisChapter;

(6)        Any permittee, otherthan a mixed beverage or culinary permittee, to possess spirituous liquor ormixed beverages on his licensed premises.

(7)        Any person to possesson his person or consume malt beverages or unfortified wine upon any propertyowned or leased by a local board of education and used by the local board ofeducation for school purposes. Provided, however, the prohibition in G.S. 18B‑102(a)and this subdivision shall not apply on property owned by a local board ofeducation which was leased for 99 years or more to a nonprofit auditoriumauthority created prior to 1991 whose governing board is appointed by a cityboard of aldermen, a county board of commissioners, or a local school board. (1905,c. 498, ss. 6‑8; Rev., ss. 3526, 3534; C.S., s. 3371; 1937, c. 49, ss.12, 16, 22; c. 411; 1955, c. 999; 1967, c. 222, ss. 1, 8; c. 1256, s. 3; 1969,c. 1018; 1971, c. 872, s. 1; 1973, c. 1226; 1977, c. 176, s. 1; 1977, 2ndSess., c. 1138, ss. 8‑12, 18; 1979, c. 384, s. 3; c. 609, s. 2; c. 718;c. 893, s. 10; 1981, c. 412, s. 2; c. 747, s. 39; 1983, c. 917, s. 1; 1985, c.566, s. 1; 1991, c. 459, s. 1; 1993, c. 508, s. 1; 1995, c. 372, s. 1.)