Arielle Cruz
North Carolina has a robust alcohol industry, with sales exceeding $1.7 billion in 2022. The buying, selling, manufacturing, and consuming of alcohol in the state are controlled by the North Carolina Alcoholic Beverage Control Commission (also known as the NC ABC Commission or the state ABC Commission), which was established in 1937. The Commission controls the wholesale distribution of alcohol and oversees local ABC boards, which operate retail stores that sell bottles of spirituous liquor. To sell alcohol in North Carolina, businesses must obtain ABC permits, and the Commission enforces state regulations related to alcohol sales, including zoning restrictions and advertising.
| Characteristics | Values |
|---|---|
| Alcohol sales control | North Carolina is a control state |
| Alcohol sales regulator | North Carolina Alcoholic Beverage Control Commission (NC ABC Commission) |
| Alcohol sales revenue | Over $1.7 billion in 2022 |
| Legal drinking-age population | 7.9 million |
| Alcohol sales by jurisdiction | Allowed only in jurisdictions that have voted in favor of it |
| Alcohol sales by retail stores | Operated by county/municipal boards |
| Alcohol sales by ABC stores | Closed on Sundays |
| Alcohol sales by restaurants | Premixed cocktails allowed to go since July 2024 |
| Alcohol sales by wineries | Wineries can apply for a wine shipper permit to sell and ship up to two cases of wine per month to eligible persons in North Carolina |
| Alcohol sales advertising | Regulated by the state ABC Commission under G.S. 18B-105(b)(7) |
| Alcohol sales limits in redevelopment areas | Food businesses or eating establishments are not allowed to have alcohol sales exceeding 50% of their total annual sales |
| Alcohol sales and zoning | Liquor merchants with a state ABC permit are generally exempt from zoning restrictions |
| Alcohol sales and tribal lands | The Eastern Band of Cherokee Indians and the Catawba Indian Nation must comply with provisions of Chapter 18B |
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What You'll Learn
The North Carolina Alcoholic Beverage Control Commission
In North Carolina, the buying, selling, manufacturing, and consuming of alcohol have been regulated and controlled by the North Carolina Alcoholic Beverage Control Commission (also known as the NC ABC Commission) since 1937. This includes the transportation and possession of alcohol as well. All the enforcement of the state regulations is controlled by this commission.
The NC ABC Commission was established after the North Carolina Legislature authorized the Governor to appoint a commission to study the control of alcoholic beverages in 1935. The commission examined two models: state licensing systems and state monopoly systems. The Alcoholic Beverage Control Act was submitted to the General Assembly of 1937, and a monopoly system was enacted into law in North Carolina.
The Control Act provided for a plan under which no county or city in the state could allow the sale of alcoholic beverages without prior approval from local voters. Today, the sale of beer, wine, and mixed drinks is only legal in jurisdictions that have voted in favor of it, and county/municipal boards operate the retail stores that sell bottles of spirituous liquor.
The NC ABC Commission has the authority to enter into agreements with the tribal alcoholic beverage control commission to provide for the sale, delivery, and distribution of spirituous liquor. The tribal commission is responsible for regulating retail outlet activity and possesses the same powers and authority as the NC ABC Commission.
The NC ABC Commission also controls wholesale distribution and oversees local ABC boards. Prices for bottles of liquor are specified by the commission and are uniform across the state. The price list is updated quarterly, and monthly sales are held for certain liquors, with all ABC outlets using the same special pricing.
ALE Special Agents work closely with local law enforcement agencies to enforce alcohol laws and enhance community safety. They focus on reducing violence and enforcing laws related to alcohol, drugs, and weapons. Businesses wishing to sell alcohol must comply with the regulations set forth by the NC ABC Commission and obtain the necessary ABC permits.
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Local government and zoning restrictions
In North Carolina, the Alcoholic Beverage Control (ABC) Commission has the ultimate decision-making authority on most aspects of alcohol sales. The ABC Commission is responsible for regulating the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages in the state. There are 171 local ABC boards that are locally appointed and own and operate the ABC stores throughout the state.
The state ABC licensing laws also address alcohol sales in redevelopment areas. For instance, a food business or eating establishment in a designated urban redevelopment area cannot have alcohol sales exceeding 50% of its total annual sales.
Local governments in North Carolina have been prohibited from imposing zoning restrictions on alcohol sales beyond those applied by the state. This means that once a liquor merchant has secured a state ABC permit, they are largely exempt from zoning restrictions, including local restrictions on the location of the facility, operating hours, entertainment, and advertising signs.
However, there are some exceptions to this. For example, G.S. 18B-901(c)(6) specifies that the ABC Commission should consider whether a proposed location is within 50 feet of a church or school. Additionally, G.S. 18B-801 prohibits a local ABC board from locating an ABC store within a city if the city's governing board objects.
Furthermore, the sale of beer, wine, and mixed drinks in North Carolina is only legal in jurisdictions that have voted in favor of it. County and municipal boards operate the retail stores that sell bottles of spirituous liquor.
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Alcohol sale permits
North Carolina is a control state, and sales of alcoholic beverages are overseen by the North Carolina Alcoholic Beverage Control Commission (also known as the NC ABC Commission or the State Board of Control). This commission was established in 1937, two years after the North Carolina Legislature authorised the Governor to appoint a commission to study the control of alcoholic beverages in the state.
The Alcoholic Beverage Control Act, which provided for the establishment of the commission, also included a plan that required local voter approval for the sale of alcoholic beverages in any county or city in the state.
The Alcoholic Beverage Control Commission regulates the buying, selling, manufacturing, consuming, transportation, and possession of alcohol in North Carolina. Businesses selling alcohol must obtain ABC permits, which exempt them from most zoning restrictions. These permits are issued by the commission, which also sets uniform prices for bottles of liquor across the state.
The commission also controls wholesale distribution and oversees local ABC boards, which operate retail stores that sell bottles of spirituous liquor. Local boards are responsible for issuing permits to wineries located inside or outside of North Carolina that allow them to sell and ship up to two cases of wine per month to individuals in North Carolina.
The North Carolina Alcohol Law Enforcement Division (ALE) is the lead enforcement agency for the state's alcoholic beverage control laws. ALE special agents work with local law enforcement agencies to enforce these laws and build partnerships with businesses and members of the alcohol industry to enhance safety in communities.
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Alcohol sale restrictions in redevelopment areas
North Carolina is a control state, and the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages are controlled by the North Carolina Alcoholic Beverage Control Commission (also known as the NC ABC Commission or the State Board of Control). The commission was established in 1937, two years after the North Carolina Legislature authorized the Governor to appoint a commission to study the control of alcoholic beverages.
The NC ABC Commission controls wholesale distribution and oversees local ABC boards, and prices for bottles of liquor are specified by the commission and are uniform across the state. The commission also has the authority to enter into agreements with the tribal alcoholic beverage control commission to provide for the sale, delivery, and distribution of spirituous liquor. The Eastern Band of Cherokee Indians and the Catawba Indian Nation are required to comply with the provisions of the Alcoholic Beverage Control Commission.
Alcohol sales in North Carolina are restricted to jurisdictions that have voted in favor of them, and county/municipal boards operate the retail stores that sell bottles of spirituous liquor. Beer and wine can be sold in supermarkets and convenience stores, while other spirits must be sold in liquor stores owned by local ABC boards.
In terms of alcohol sale restrictions in redevelopment areas, a law was adopted in 1999 to address concerns about patrons loitering and consuming alcohol on nearby properties, which contributed to crime and impaired neighborhood revitalization efforts. This law, G.S. 18B-309, states that a food business or eating establishment in a designated urban redevelopment area cannot have alcohol sales exceeding 50% of its total annual sales. If a business exceeds this maximum percentage, its ABC permits are to be revoked.
Additionally, the state ABC licensing laws address alcohol sales in redevelopment areas. Several cities have raised concerns about convenience stores in economically depressed neighborhoods that sell large quantities of beer and wine.
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Alcohol law enforcement
The NC ABC Commission was established following the end of national prohibition in 1933, when some states chose to continue to prohibit the production, distribution, and sale of alcoholic beverages. In 1935, the North Carolina Legislature authorized the Governor to appoint a commission to study the question of control of alcoholic beverages. After examining two models—state licensing systems and state monopoly systems—the commission submitted the Alcoholic Beverage Control Act to the General Assembly of 1937, and a monopoly system was enacted into law in North Carolina.
The NC ABC Commission has exclusive control over the sale of alcoholic beverages in the state. No county or city in the state may allow the sale of alcoholic beverages without first being approved by local voters. Beer, wine, and mixed drinks are only legal in jurisdictions that have voted in favor, and county/municipal boards operate the retail stores that sell bottles of spirituous liquor.
The NC ABC Commission also sets prices for bottles of liquor, which are the same throughout the state. The price list is updated quarterly, and all ABC outlets in the state use the same special pricing for sales and holidays.
The Alcohol Law Enforcement Division of the NC Department of Public Safety (NC DPS) is responsible for enforcing the state's alcoholic beverage control laws. ALE Special Agents are peace officers with statewide jurisdiction who focus on reducing violence and other harms by enforcing laws related to alcohol, drugs, weapons, and other criminal activities. They work closely with local law enforcement agencies and members of the alcohol industry to enhance safety in North Carolina communities.
ALE offers several programs that benefit North Carolina citizens, including the Be A Responsible Seller program, which educates alcohol industry permittees and employees, and initiatives to reduce youth access to age-restricted products and improve ID checking. ALE also works to close locations that threaten the overall quality of life for nearby residents, such as those that contribute to crime and impair neighborhood revitalization efforts.
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Frequently asked questions
The North Carolina Alcoholic Beverage Control Commission (also known as the NC ABC Commission or the NC ABCC) controls the sale of alcohol in North Carolina.
The commission controls the buying, selling, manufacturing, consuming, transportation, and possession of alcohol.
The North Carolina Legislature authorized the Governor to appoint a commission to study the control of alcoholic beverages in 1935. After studying two models—state licensing systems and state monopoly systems—the Alcoholic Beverage Control Act was submitted to the General Assembly of 1937, and a monopoly system was enacted into law.
To sell alcohol in North Carolina, you must understand and remain compliant with the regulations set forth by the North Carolina Alcoholic Beverage Control Commission. Businesses must obtain an ABC permit, which exempts them from most zoning restrictions.
In North Carolina, the sale of beer, wine, and mixed drinks is legal only in jurisdictions that have voted in favor of it. Beer and wine can be bought in supermarkets and convenience stores, but other spirits must be purchased in liquor stores owned by local ABC boards.
