ABC Law Flashcards
Question
Answer
What two agencies primarily handle the enforcement of the State’s alcoholic beverage control?
ALE & ABC
What does ALE stand for?
Alcohol Law Enforcement
What is the role of Local ABC Boards?
Operate ABC stores and employ or contract local ABC officers for enforcement of ABC laws locally.
What are ALE Special Agents responsible for?
Target problem ABC-licensed and illegal establishments involved in violence, drugs, gang activity, and other criminal activity.
What authority do ALE Special Agents have?
Full inspection authority and statewide jurisdiction.
What is the role of Local ABC Officers?
Make arrests and issue citations for ABC violations within their local ABC jurisdiction.
Define “alcoholic beverage”.
Any beverage containing at least 0.5% alcohol by volume.
What is a nontaxpaid alcoholic beverage?
An alcoholic beverage on which taxes have not been paid.
What is a malt beverage?
Beer, lager, malt liquor, ale, porter, or any other brewed or fermented beverage containing 0.5% to 15% alcohol by volume.
Define “unfortified wine”.
Wine or alcohol containing 16% or less alcohol by volume made by fermentation from grapes, fruits, berries, rice, or honey.
Define “fortified wine”.
Wine or alcohol containing more than 16% and no more than 24% alcohol by volume.
What is “spirituous liquor”?
Distilled spirits or ethyl alcohol including whiskey, rum, brandy, gin, and other distilled spirits.
What constitutes a “mixed beverage”?
A drink with spirituous liquor served in a quantity less than a closed package or a premixed cocktail in a closed package.
Define “premises” in the context of alcohol law.
A fixed permanent establishment controlled by the permittee through lease, deed, or legal process.
What does “sale” mean in alcohol law?
Any transfer, trade, exchange, or barter for consideration.
What are “sell/give offenses” related to alcohol?
It is unlawful to sell or give alcohol to anyone under 21 or to an intoxicated person.
Can an employee refuse to sell alcohol?
Yes, an employee can refuse service to anyone who is intoxicated.
What are the consumption hours for alcoholic beverages?
No consumption before 7:00 a.m. or after 2:30 a.m., with a half-hour extension on licensed premises after 2:00 a.m.
What are the sale hours for alcoholic beverages?
Sales allowed from 7:00 a.m. to 2:00 a.m. Monday through Saturday, and from noon to 2:00 a.m. on Sunday.
What are the restrictions on Sunday alcohol sales?
Sales can start after noon but may continue until 2:00 a.m.; no local ordinances can restrict Sunday afternoon consumption.
What is unlawful regarding off-premises alcohol consumption?
It is unlawful to consume alcohol on the premises of a business with only an off-premises permit.
What conduct is prohibited on licensed premises?
Fighting, controlled substances violations, gambling, prostitution, and other unlawful acts.
What can local ordinances regulate regarding alcohol?
Consumption and possession of alcohol on public streets and special event areas.
What is unlawful possession or use of alcohol?
Consumption of fortified wine, spirituous liquor, or mixed beverages at ABC store premises, local board property, or public roads.
What is the penalty for an underage person with a malt beverage or unfortified wine?
Class 3 Misdemeanor
What class of misdemeanor is for aiding and abetting an underage person in purchasing alcohol?
Class 2 Misdemeanor
What class of misdemeanor is for aiding and abetting a person over lawful age in purchasing alcohol?
Class 1 Misdemeanor
What is illegal regarding fraudulent or altered IDs?
Entering a place selling alcohol or obtaining permission to purchase alcohol using a fraudulent or altered ID.
What are acceptable IDs for purchasing alcohol?
Valid Driver’s License, NC special identification card, Passport, Military identification card.
Is it legal for a person under 21 to drive after consuming alcohol?
No, it is unlawful to drive while consuming alcohol or having any alcohol remaining in the body.
What are the restrictions on transporting fortified wine or spirituous liquor in taxis?
Unlawful unless transporting a paying customer.
What are the open container laws for vehicles?
Unlawful to transport fortified wine or spirituous liquor in other than the original closed container, or to have an open container after drinking.
What does “gambling” include?
Betting on games of chance where judgment, skill, or practice do not apply.
What is prohibited regarding tobacco distribution?
Distributing tobacco products to persons under the age of 18 years.
What section is Alcohol law in?
Chapter 18B
