Reselling Alcohol In North Carolina: Legal Or Not?

North Carolina has a unique set of rules regarding the sale and consumption of alcohol. While the state has a range of alcohol laws, it is unclear whether reselling alcohol is specifically illegal. North Carolina is a control state, with sales overseen by the North Carolina Alcoholic Beverage Control Commission, and there are a number of laws that retailers and consumers must abide by. For example, it is illegal to sell alcohol to anyone under the age of 21, and those under 21 cannot drive with any alcohol in their blood.

Local alcohol laws

North Carolina has a variety of local alcohol laws that govern the sale and consumption of alcoholic beverages. Here are some key points to note:

Minimum Legal Age for Alcohol Consumption and Purchase

In North Carolina, the minimum legal age to consume, possess, or purchase alcohol is 21 years old. It is illegal for any retailer or establishment to sell or serve alcoholic beverages to individuals under the age of 21. This includes both on-premise and off-premise sales.

Religious Exceptions

Despite the minimum age requirement, it is illegal for individuals under 21 to consume alcohol as part of religious rites, such as communion wine or wine at Seder. North Carolina law makes no exceptions for religious consumption for those under the legal drinking age.

Restrictions on Promotions and Specials

North Carolina has strict regulations on drink promotions and specials. Establishments are prohibited from offering certain types of promotions, including two-for-one deals, buy-one-get-one offers, or providing a free drink with the purchase of a meal. However, they can offer Happy Hour food specials, and drink discounts must be offered for the entire day.

Limitations on Quantity Sold

Bars and restaurants in North Carolina are restricted in the quantity of alcohol they can sell to a single customer. Patrons can only purchase one mixed beverage at a time, and establishments cannot sell more than two alcoholic drinks to a single customer at once. However, they can sell large-quantity options, such as margarita pitchers or beer buckets, to groups of two or more patrons.

Restrictions on Kegs and Food Stamps

It is illegal in North Carolina to possess an unregistered or unlabeled beer keg. Additionally, customers are prohibited from using federal food assistance ("food stamps") to purchase alcohol.

Local Variations

It is important to note that local alcohol laws in North Carolina can sometimes be more restrictive than state laws. For example, Graham County in western North Carolina is the only "dry" county in the state, where the sale of alcohol is generally prohibited. However, some resorts in the area have obtained special licenses to sell alcohol.

These are just some of the key aspects of local alcohol laws in North Carolina. It is always advisable to stay informed about the specific regulations in your area to ensure compliance with the law.

Drinking age

In North Carolina, the legal drinking age is 21. This means that it is illegal for anyone under the age of 21 to purchase, attempt to purchase, or possess any alcoholic beverage, including beer, wine, liquor, or mixed drinks. The use of a fake ID to buy alcohol is also a crime.

North Carolina has strict laws in place to discourage underage drinking and driving. It is illegal for anyone under the age of 21 to drive with any amount of alcohol in their system. The Blood Alcohol Concentration (BAC) limit for those under 21 is 0.00%. If an individual under 21 is caught driving with any measurable amount of alcohol in their system, they will be charged with Driving While Impaired (DWI). A DWI for minors can result in a driver's license revocation of one year.

The penalties for underage drinking in North Carolina vary depending on the age of the offender and the number of offenses. If someone under the age of 19 is caught attempting to purchase or possessing alcohol, it is punishable as a Class 2 misdemeanor. For those aged 19 or 20, it is a Class 3 misdemeanor. These misdemeanors typically result in court costs and fines of up to $200 or more. First-time offenders may be offered the opportunity to take classes to earn a dismissal, while repeat offenders may face additional punishments, including jail time.

Additionally, it is illegal to sell or serve alcohol to anyone under the age of 21 in North Carolina. This includes selling or serving alcohol to adults aged 18, 19, or 20. Violating this law is punishable as a Class 1 misdemeanor, with penalties including fines, community service, and potential jail time.

North Carolina's drinking age and related laws are designed to prevent underage access to alcohol and to promote responsible drinking habits among adults. These laws are enforced to ensure the safety and well-being of the state's residents and visitors.

Selling restrictions

North Carolina has various laws and restrictions regarding the sale of alcohol. Firstly, it is illegal to sell alcohol to anyone under the age of 21, and there are no exceptions to this rule, even for religious practices such as communion wine or wine at Seder. This also applies to the possession and purchase of alcohol, which is only legal for those aged 21 and over.

There are also restrictions on the amount of alcohol that can be served to customers in North Carolina. Bars and restaurants are prohibited from selling more than two alcoholic drinks to a customer at a time, and patrons can only buy one mixed beverage at once. Drink specials and promotions such as "two for one" or "buy one, get one" are prohibited. However, businesses can offer all-day drink discounts and sell large-quantity alcoholic drinks to groups of two or more people.

In addition, North Carolina is a control state, and sales of alcohol are overseen by the North Carolina Alcoholic Beverage Control Commission. The state has specific requirements for tourism resorts offering alcohol, including a mandate that receipts from alcohol sales do not exceed 50% of total gross receipts and that they advertise at least quarterly in travel or sports publications or the State travel guide.

There are also local variations in alcohol sales laws within North Carolina. For example, Graham County in western North Carolina is the only county in the state where the sale of alcohol is illegal, although some resorts in the area have obtained special licenses to sell alcohol.

Other notable restrictions include the illegality of possessing an unregistered, unlabeled beer keg, and customers are prohibited from using federal food assistance ("food stamps") to purchase alcohol.

Drink specials

North Carolina has strict laws regarding the sale of alcohol, and certain drink specials or promotions are not allowed. Bars and restaurants in North Carolina are prohibited from selling customers more than two alcoholic drinks at a time, and patrons can only buy one mixed beverage at a time.

Happy hours and bottomless drinks are illegal in North Carolina. Businesses are only permitted to offer Happy Hour food specials, and drink specials must last the whole day and be offered to all customers. For example, a "Ladies' Night" is not allowed. Businesses are also prohibited from advertising promotions such as "2 for 1" or "buy one, get one free" deals.

There are some proposed bills that could change the state's alcohol laws. For example, House Bill 94, if passed, would legalize the concept of happy hour in the state, giving local governments the option of allowing happy hour sales of beer, wine, and mixed beverages. Businesses already selling alcohol would need to apply for a $100 Happy Hour Permit.

Another bill, Senate Bill 527, would loosen restrictions on several rules regarding alcohol sales, including happy hour drink specials.

In Raleigh, there is a new push to help restaurants and bars offer happy hour discounts on drinks. Currently, these establishments are not allowed to offer discount prices at specific times of the day, but they can offer discounts for an entire day. Businesses want freedom over their pricing so they can entice people to visit during less busy times.

Other North Carolina alcohol laws include the prohibition of the possession of an unregistered, unlabeled beer keg, and customers may not use federal food assistance ("food stamps") to buy alcohol. It is illegal for anyone under the age of 21 to consume, possess or buy alcohol, including communion wine, and it is illegal to sell alcohol to anyone under 21.

Licensing

North Carolina has a comprehensive set of laws regulating the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages. These laws are overseen by the North Carolina Alcoholic Beverage Control Commission (ABCC), which aims to establish a uniform system of control.

To sell alcohol in North Carolina, businesses must obtain the appropriate licenses and permits. The specific requirements vary depending on the type of business and the type of alcohol being sold. Here are some key points regarding licensing:

• Distillery Permit: This permit allows the holder to manufacture, purchase, import, possess, and transport ingredients and equipment for the distillation or production of spirituous liquor. It also enables them to sell, deliver, and ship spirituous liquor in closed containers at wholesale or retail, both within and outside the state.
• Non-Resident Spirituous Liquor Vendor Permit: This permit is for non-resident vendors and allows them to sell, deliver, and ship malt beverages within North Carolina. However, they can only sell to wholesalers, importers, and bottlers licensed under the relevant chapter of North Carolina's alcohol laws.
• Special Licenses: In Graham County, the only "dry" county in North Carolina, some resorts have obtained special licenses to sell alcohol. These licenses can be obtained through a lengthy and expensive process.
• On-Premise Permits: Establishments with on-premise permits are allowed to sell alcohol until 2 a.m. and must ensure that all alcohol is cleared from tables, counters, and bars by 2:30 a.m.
• Grocery Stores and Convenience Markets: Grocery stores, convenience markets, private clubs, and other licensed alcohol sellers are subject to the same laws as bars and restaurants, including the prohibition on selling more than two alcoholic drinks to a customer at a time.
• Advertising Requirements: Tourism resorts with public access must advertise at least quarterly in travel or sports industry publications or in the State travel guide published by the North Carolina Department of Commerce.
• Tribal Alcoholic Beverage Control: The tribal alcoholic beverage control commission has the same powers and authority as the North Carolina ABCC regarding the control and regulation of alcoholic beverages.

Frequently asked questions