ABC Law Flashcards

1
Q

Question

A

Answer

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2
Q

What two agencies primarily handle the enforcement of the State’s alcoholic beverage control?

A

ALE & ABC

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3
Q

What does ALE stand for?

A

Alcohol Law Enforcement

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4
Q

What is the role of Local ABC Boards?

A

Operate ABC stores and employ or contract local ABC officers for enforcement of ABC laws locally.

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5
Q

What are ALE Special Agents responsible for?

A

Target problem ABC-licensed and illegal establishments involved in violence, drugs, gang activity, and other criminal activity.

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6
Q

What authority do ALE Special Agents have?

A

Full inspection authority and statewide jurisdiction.

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7
Q

What is the role of Local ABC Officers?

A

Make arrests and issue citations for ABC violations within their local ABC jurisdiction.

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8
Q

Define “alcoholic beverage”.

A

Any beverage containing at least 0.5% alcohol by volume.

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9
Q

What is a nontaxpaid alcoholic beverage?

A

An alcoholic beverage on which taxes have not been paid.

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10
Q

What is a malt beverage?

A

Beer, lager, malt liquor, ale, porter, or any other brewed or fermented beverage containing 0.5% to 15% alcohol by volume.

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11
Q

Define “unfortified wine”.

A

Wine or alcohol containing 16% or less alcohol by volume made by fermentation from grapes, fruits, berries, rice, or honey.

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12
Q

Define “fortified wine”.

A

Wine or alcohol containing more than 16% and no more than 24% alcohol by volume.

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13
Q

What is “spirituous liquor”?

A

Distilled spirits or ethyl alcohol including whiskey, rum, brandy, gin, and other distilled spirits.

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14
Q

What constitutes a “mixed beverage”?

A

A drink with spirituous liquor served in a quantity less than a closed package or a premixed cocktail in a closed package.

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15
Q

Define “premises” in the context of alcohol law.

A

A fixed permanent establishment controlled by the permittee through lease, deed, or legal process.

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16
Q

What does “sale” mean in alcohol law?

A

Any transfer, trade, exchange, or barter for consideration.

17
Q

What are “sell/give offenses” related to alcohol?

A

It is unlawful to sell or give alcohol to anyone under 21 or to an intoxicated person.

18
Q

Can an employee refuse to sell alcohol?

A

Yes, an employee can refuse service to anyone who is intoxicated.

19
Q

What are the consumption hours for alcoholic beverages?

A

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.

20
Q

What are the sale hours for alcoholic beverages?

A

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.

21
Q

What are the restrictions on Sunday alcohol sales?

A

Sales can start after noon but may continue until 2:00 a.m.; no local ordinances can restrict Sunday afternoon consumption.

22
Q

What is unlawful regarding off-premises alcohol consumption?

A

It is unlawful to consume alcohol on the premises of a business with only an off-premises permit.

23
Q

What conduct is prohibited on licensed premises?

A

Fighting, controlled substances violations, gambling, prostitution, and other unlawful acts.

24
Q

What can local ordinances regulate regarding alcohol?

A

Consumption and possession of alcohol on public streets and special event areas.

25
Q

What is unlawful possession or use of alcohol?

A

Consumption of fortified wine, spirituous liquor, or mixed beverages at ABC store premises, local board property, or public roads.

26
Q

What is the penalty for an underage person with a malt beverage or unfortified wine?

A

Class 3 Misdemeanor

27
Q

What class of misdemeanor is for aiding and abetting an underage person in purchasing alcohol?

A

Class 2 Misdemeanor

28
Q

What class of misdemeanor is for aiding and abetting a person over lawful age in purchasing alcohol?

A

Class 1 Misdemeanor

29
Q

What is illegal regarding fraudulent or altered IDs?

A

Entering a place selling alcohol or obtaining permission to purchase alcohol using a fraudulent or altered ID.

30
Q

What are acceptable IDs for purchasing alcohol?

A

Valid Driver’s License, NC special identification card, Passport, Military identification card.

31
Q

Is it legal for a person under 21 to drive after consuming alcohol?

A

No, it is unlawful to drive while consuming alcohol or having any alcohol remaining in the body.

32
Q

What are the restrictions on transporting fortified wine or spirituous liquor in taxis?

A

Unlawful unless transporting a paying customer.

33
Q

What are the open container laws for vehicles?

A

Unlawful to transport fortified wine or spirituous liquor in other than the original closed container, or to have an open container after drinking.

34
Q

What does “gambling” include?

A

Betting on games of chance where judgment, skill, or practice do not apply.

35
Q

What is prohibited regarding tobacco distribution?

A

Distributing tobacco products to persons under the age of 18 years.

36
Q

What section is Alcohol law in?

A

Chapter 18B