State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-500

Article 5.

Law Enforcement.

§ 18B‑500.  Alcohol law‑enforcementagents.

(a)        Appointment. – TheSecretary of Crime Control and Public Safety shall appoint alcohol law‑enforcementagents and other enforcement personnel. The Secretary of Crime Control and PublicSafety may also appoint regular employees of the Commission as alcohol law‑enforcementagents. Alcohol law‑enforcement agents shall be designated as"alcohol law‑enforcement agents". Persons serving as reservealcohol law‑enforcement agents are considered employees of the Divisionof Alcohol Law Enforcement for workers' compensation purposes while performingduties assigned or approved by the Director of Alcohol Law Enforcement or theDirector's designee.

(b)        Subject MatterJurisdiction. – After taking the oath prescribed for a peace officer, analcohol law‑enforcement agent shall have authority to arrest and takeother investigatory and enforcement actions for any criminal offense. Theprimary responsibility of an agent shall be enforcement of the ABC laws,lottery laws, and Article 5 of Chapter 90 (The Controlled Substances Act);however, an agent may perform any law‑enforcement duty assigned by theSecretary of Crime Control and Public Safety or the Governor.

(c)        TerritorialJurisdiction. – An alcohol law‑enforcement agent is a State officer withjurisdiction throughout the State.

(d)        Service ofCommission Orders. – Alcohol law‑enforcement agents may serve and executenotices, orders, or demands issued by the Alcoholic Beverage Control Commissionor the North Carolina State Lottery Commission for the surrender of permits orrelating to any administrative proceeding. While serving and executing suchnotices, orders, or demands, alcohol law‑enforcement agents shall haveall the power and authority possessed by law‑enforcement officers whenexecuting an arrest warrant.

(e)        Discharge. – Alcohollaw‑enforcement agents are subject to the discharge provisions of G.S.18B‑202.

(f)         Repealed bySession Laws 1995, c. 507, s. 6.2(a). (1939, c. 158, s. 514; 1943, c. 400, s. 6; 1949, c.974, ss. 11, 14; c. 1251, s. 4; 1951, c. 1056, s. 1; c. 1186, ss. 1, 2; 1953,c. 1207, ss. 2‑4; 1957, c. 1440; 1961, c. 645; 1963, c. 426, ss. 1, 2, 4,5, 12; 1967, c. 868; 1971, c. 872, s. 1; 1977, c. 70, s. 17; 1981, c. 412, s.2; 1983, c. 629, s. 1; c. 768, ss. 25.1, 25.2; 1995, c. 466, s. 2; c. 507, s.6.2(a); 2005‑276, ss. 31.1(y), 31.1(z); 2005‑344, ss. 10.1(b),10.1(c); 2006‑264, s. 35.)