The consensus rules are those rules the working group agreed upon, with an emphasis that these were simply the proposed consensus rules and not in final format. After attending the task force meetings, it was apparent the working group must address two overarching concerns related to delivery: 1) implementation of delivery procedures that do not violate existing North Carolina alcohol rules and statutes and 2), arguably, the most important, how to make sure an increase in delivery of alcohol does not equate to an increase in underage sales and underage drinking.Īt the most recent meeting, held on October 30th, the working group presented consensus rules for delivery of alcohol, as well as non-consensus rules. Over the past several months, presentations were given on underage drinking and how delivery can increase the risk of underage sales, how difficult it is for ALE officers to police and track the sale of alcohol to minors via delivery and how current delivery procedures for age verification were either non-existent or ineffective. The ABC Commission permitted any interested parties to sit in on the working group meetings and listen to their presentations and round table discussions. The ABC Commission also gave the audience the opportunity to ask the working group questions or make comments and recommendations. The audience consisted of brewers, distributors, wine shippers, third-party delivery companies (such as Fed-Ex) and third party vendors who currently deliver alcohol for retail permittees. attorneys, representatives for wholesalers, distributors and retailers, ALE officers, ABC Commission employees and community groups. At this time delivery of liquor is prohibited in North Carolina and delivery of liquor is not a focus for the current delivery working group. The working group consists of persons from all facets of the alcohol industry, i.e. For purposes of delivery, this means the alcohol sale must occur on the permitted premises, but does not require the order be made by someone in person on the premises. A 1988 Memorandum issued by the ABC Commission states it is “well-established Commission policy that once a sale has been taken on the retailer's premises, the retailer may then deliver the alcoholic beverage to the customer." In recent years, the ABC Commission has relied on this memorandum to permit alcohol delivery from licensed retail permit holders to its customers, however, no rules or statutes specifically permit, prohibit or regulate delivery of alcohol.Įarlier this year, the ABC Commission assembled a working group to focus on this specific issue, specifically, the delivery of beer and wine. The primary requirement under the rules is that "all permitted activity" must occur on a North Carolina ABC permitted premises ( NCGS §18B-904(a)). Sections 18B-1001(1) – (6) afford both on and off-premises beer and wine permittees the ability to ship beer and wine in closed containers to individual purchasers. This means even a North Carolina ABC retail on-premise permit holder, such as a restaurant, can sell alcohol for off-premise consumption. North Carolina ABC Retail permit holders under NCGS § 18B-1001(1), (3) and (5), are allowed to sell beer, unfortified and fortified wine for consumption both on and off-premises. Other foreign companies ask regularly how delivery works to weigh the pros and cons before deciding whether to move their businesses into North Carolina. Companies holding retail permits regularly call the Nexsen Pruet alcohol licensing team to ask if they can deliver alcohol using their current North Carolina ABC permits. Alcohol delivery by North Carolina ABC retail permit holders is a very hot topic in North Carolina right now. Now, same day delivery of groceries, clothes and even alcohol is not only demanded by the public but a readily available option that is efficient and economical. Just a year or two ago, next day delivery was available but cost prohibitive. The convenience of deliveries is a hot topic for all retailers throughout the country. Maynard Nexsen PC Maynard Nexsen PC Main Content Main Menu Menu
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