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Triad Municipal ABC Board 3127 Starlight Drive Winston-Salem, NC 27107
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ABC LAWS |
18B-302. SALE TO, OR PURCHASE BY UNDERAGE PERSONS.
(a)
SALE
It
is unlawful for any person to sell or give malt beverages or unfortified wine,
fortified wine, spirituous liquor, or mixed beverages to anyone less than 21
years old.
(b)
PURCHASE OR POSSESSION
It
is unlawful for a person less than 21 years old to purchase, to attempt to
purchase, or to possess malt beverages or unfortified wine, fortified wine,
spirituous liquor, or mixed beverages.
(c)
AIDER AND ABETTOR
By
Underage Person – Any person who is under the lawful age to purchase and who
aids or abets another in violation of subsection (a) or (b) of this section
shall be guilty of a Class 2 misdemeanor.
By
Person Over Lawful Age – Any person who is over the lawful age to purchase and
who aids or abets another in violation of subsection (a) or (b) of this section
shall be guilty of Class 1 misdemeanor.
(d)
DEFENSE
It
shall be a defense to a violation of subsection (a) of this section if the
seller: (1) Shows that the
purchaser produced a driver’s license, a special identification card issued
under G.S. 20-37.7, a military identification card, or a passport, showing his
age to be at least the required age for purchase and bearing a physical
description of the person named on the card reasonably describing the purchaser;
or (2) Produces evidence of other facts that reasonably indicated at the time of
sale that the purchaser was at least the required age.
(e)
FRAUDULENT
USE OF IDENTIFICATION
It
shall be unlawful for any person to obtain or attempt to obtain alcoholic
beverages in violation of subsection (b) of this section by using or attempting
to use:
(1) A fraudulent or altered driver’s license; or
(2) A fraudulent or altered identification document other than a driver’s
license; or
(3) A driver's license issued to another person; or
(4) An identification document other than a driver’s license issued to
another person.
(f)
ALLOWING THE USE OF IDENTIFICATION
If
is unlawful for any person to permit the use of his driver’s license or any
other identification document of any kind by any person who violates or attempts
to violate subsection (b) of this section.
(g) CONVICTION
REPORT SENT TO DIVISION OF MOTOR VEHICLES
The
court shall file a Conviction Report with the Division of Motor Vehicles
indicating the name of the person convicted and any other information requested
by the Division if the person is convicted of:
(1)
A violation of subsection (e) or (f) of this section; or
(2) A violation of subdivision (c) (1) of this section; or
(3) A violation of subsection (b) of this section; if the violation occurred while the person was purchasing or attempting to purchase an alcoholic beverage.
18B-303.
AMOUNTS OF ALCOHOLIC BEVERAGES THAT MAY BE
PURCHASED
(a)
PURCHASES ALLOWED
PURCHASES
ALLOWED
- Without a permit, a person
may purchase at one time:
(1)
Not more than 80 liters of
malt beverages, other than draft
malt
beverages in kegs.
(2) Any amount of draft malt beverages in kegs;
(3)
Not more than 20 liters of unfortified wine;
(4) Not more than eight liters of either fortified wine or
spirituous liquor,
or eight liters of the two combined.
(b)
UNLAWFUL PURCHASE
- Except as provided in
subsection (c) and in Article 11, it shall be unlawful for any person to
purchase, or for any person to sell, an amount of alcoholic beverages greater
than that stated in subsection (a).
(c) GREATER AMOUNTS - Amounts of alcoholic beverages greater than those listed in subdivisions (a) (3) and (a) (4) may be purchased with a purchase-transportation permit under G.S. 18B-403. (There is not a fee for the permit.)
A
person may bring into North Carolina alcoholic beverages purchased legally
outside the jurisdiction of this State in the same amounts that my be legally
transported within the State under G.S. 18B-400 or G.S. 18B-403, except that no
more than four liters of spirituous liquor purchased outside this State may be
brought into this State.