2005 North Carolina Code - General Statutes Article 4 - Transportation.

Article 4.

Transportation.

§ 18B‑400.  Amounts that may be transported.

A person may transport at one time the same amount of alcoholic beverages that he is allowed to buy under G.S. 18B‑303(a). Greater amounts of fortified wine, unfortified wine and spirituous liquor may be transported with a purchase‑transportation permit under G.S. 18B‑403. The Commission may also authorize a distillery representative, in the course of his business, to transport and possess up to 10 gallons of spirituous liquor. (1923, c. 1, s. 25; C.S., s. 3411(y); 1937, c. 49, ss. 14, 16; c. 411; 1967, c. 222, ss. 1, 7; c. 1256, s. 3; 1969, c. 598, ss. 2, 3; c. 1018; 1971, c. 872, s. 1; 1977, c. 176, s. 1; c. 586; 1979, c. 607, s. 1; 1981, c. 412, s. 2; 1985, c. 757, s. 163.)

 

§ 18B‑401.  Manner of transportation.

(a)       Opened Containers. – It shall be unlawful for a person to transport fortified wine or spirituous liquor in the passenger area of a motor vehicle in other than the manufacturer's unopened original container.  It shall be unlawful for a person who is driving a motor vehicle on a highway or public vehicular area to consume in the passenger area of that vehicle any malt beverage or unfortified wine.  Violation of this subsection shall constitute a Class 3 misdemeanor.

(b)       Taxis. – It shall be unlawful for a person operating a for‑hire passenger vehicle as defined in G.S. 20‑4.01(27)b, to transport fortified wine or spirituous liquor unless the vehicle is transporting a paying passenger who owns the alcoholic beverage being transported.  Not more than eight liters of fortified wine or spirituous liquor, or combination of the two, may be transported by each passenger.  A violation of this subsection shall not be grounds for suspension of the driver's license for illegal transportation of intoxicating liquors under G.S. 20‑16(a)(8).

(c)       Definitions. – The definitions in Chapter 20 of the General Statutes apply in interpreting this section.  If the seal on a container of alcoholic beverages has been broken, it is opened within the meaning of this section.  For purposes of this section, "passenger area of a motor vehicle" means the area designed to seat the driver and passengers and any area within the reach of a seated driver or passenger, including the glove compartment.  In the case of a station wagon, hatchback or similar vehicle, the area behind the last upright back seat shall not be considered part of the passenger area. (1923, c. 1, s. 25; C.S., s. 3411(y); 1937, c. 49, ss. 14, 16; c. 411; 1967, c. 222, ss. 1, 7; c. 1256, s. 3; 1969, c. 598, ss. 2, 3; c. 1018; 1971, c. 872, s. 1; 1977, c. 176, s. 1; c. 586; 1979, c. 607, s. 1; 1981, c. 412, s. 2; c. 747, s. 45; 1983, c. 435, s. 7; 1989, c. 553, s. 3; 1993, c. 508, s. 4, c. 539, s. 312; 1994, Ex. Sess., c. 24, s. 14(c).)

 

§ 18B‑402.  Alcoholic beverages purchased out‑of‑State.

A person may bring into North Carolina alcoholic beverages  purchased legally outside the jurisdiction of this State in the same amounts that may 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. (1923, c. 1, s. 25; C.S., s. 3411(y); 1937, c. 49, ss. 14, 16; c. 411; 1967, c. 222, ss. 1, 7; c. 1256, s. 3; 1969, c. 598, ss. 2, 3; c. 1018; 1971, c. 872, s. 1; 1977, c. 176, s. 1; c. 586; 1979, c. 607, s. 1; 1981, c. 412, s. 2; 1981 (Reg. Sess., 1982), c. 1262, s. 5.)

 

§ 18B‑403.  Purchase‑transportation permit.

(a)       Amounts. – With a purchase‑transportation permit, a person may purchase and transport an amount of alcoholic beverages greater than the amount specified in G.S. 18B‑303(a). A permit authorizes the holder to transport from the place of purchase to the destination within North Carolina indicated on the permit at one time the following amount of alcoholic beverages:

(1)       A maximum of 100 liters of unfortified wine;

(2)       A maximum of 40 liters of either fortified wine or spirituous liquor, or 40 liters of the two combined; or

(3)       The amount of fortified wine or spirituous liquors specified  on the purchase‑transportation permit for a mixed beverage permittee.

(b)       Issuance of Permit. – A purchase‑transportation permit may be issued by:

(1)       The local board chairman;

(2)       A member of the local board;

(3)       The general manager or supervisor of the local board; or

(4)       The manager or assistant manager of an ABC store, if he is authorized to issue permits by the local board chairman.

(c)       Disqualifications. – A purchase‑transportation permit shall not be issued to a person who:

(1)       Is not sufficiently identified or known to the issuer;

(2)       Is known or shown to be an alcoholic or bootlegger;

(3)       Has been convicted within the previous three years of an offense involving the sale, possession, or transportation of  nontaxpaid alcoholic beverages; or

(4)       Has been convicted within the previous three years of an offense involving the sale of alcoholic beverages without a permit.

(d)       Form. – A purchase‑transportation permit shall be issued on  a printed form adopted by the Commission. The Commission shall adopt rules specifying the content of the permit form.

(e)       Restrictions on Permit. – A purchase may be made only from the store named on the permit. One copy of the permit shall be kept by the issuing person, one by the purchaser, and one by the store from which the purchase is made. The purchaser shall display his copy of the permit to any law‑enforcement officer upon request. A permit for the purchase and transportation of spirituous liquor may be issued only by an authorized agent of the local board for the jurisdiction in which the purchase will be made.

(f)        Time. – A purchase‑transportation permit is valid only until 9:30 P.M. on the date of purchase, which date shall be stated on the permit.

(g)       Special Occasion Purchase‑Transportation Permit. – When a person holds a special occasion for which a permit under G.S. 18B‑1001(8) or (9) is required, the purchase‑transportation permit issued to him may provide for the storage at and transportation to and from the site of the special occasion of unfortified wine, fortified wine, and spirituous liquor for a period of no more than 48 hours before and after the special occasion. The purchase‑transportation permit authorizes that person to transport only the amounts of those alcoholic beverages authorized by subsection (a). The Commission may adopt rules to govern issuance of these extended purchase‑ transportation permits. (1969, c. 617, s. 1; 1971, c. 872, s. 1; 1973, c. 94; c. 819, s. 1; 1975, ss. 1‑4; 1977, c. 176, ss. 1, 2, 4; 1979, c. 19, ss. 3, 4; c. 286, s. 1; c. 445, ss. 1, 3; c. 1076, ss. 1, 2, 3; 1981, c. 412, s. 2; 1981 (Reg. Sess., 1982), c. 1262, ss. 6‑8; 1983, c. 457, s. 1.)

 

§ 18B‑404.  Additional provisions for purchase and transportation by mixed beverage permittees.

(a)       Designated Employee. – A mixed beverages permittee may designate an employee to purchase and transport spirituous liquor as authorized by the permittee's permit.

(b)       Issuance. – If mixed beverages sales have been approved for an establishment under G.S. 18B‑603(d1) or under G.S. 18B‑603(e), or for an establishment located in a township in which mixed beverages have been approved the purchase‑transportation permit for that establishment may be issued by the local board of any city located in the same county as the establishment, provided the city has approved the sale of mixed beverages. Otherwise a licensed establishment may obtain a mixed beverages purchase‑transportation permit only from the local board for the jurisdiction in which it is located. If there is no ABC store within the establishment's jurisdiction, then the mixed beverages permittee shall obtain a mixed beverages purchase‑transportation permit from the nearest and most convenient ABC store.

(c)       Designated Store. – A local board may designate a store within its system to make sales to mixed beverages permittees.

(d)       Size of Bottles. – A purchase‑transportation permit for a mixed beverages permittee shall authorize the purchase and transportation only of 355 milliliter or larger containers. A purchase‑transportation permit for a mixed beverages permittee who is also a guest room cabinet permittee may authorize the purchase and transportation of containers in sizes approved by the Commission. (1981, c. 412, s. 2; c. 747, ss. 46, 47; 1987, c. 136, s. 3; 1991, c. 459, s. 10; c. 565, ss. 5, 7; 1991 (Reg. Sess., 1992), c. 920, s. 2; 1999‑462, s. 4; 2003‑218, s. 3.)

 

§ 18B‑405.  Transportation by permittee.

The holder of a permit for the retail sale of malt beverages, unfortified wine, or fortified wine may transport in the course of his business any amount of the alcoholic beverage he is authorized to sell, without a purchase‑transportation permit or a commercial transportation permit under G.S. 18B‑1115. (1923, c. 1, s. 15; C.S., s. 3411(o); 1939, c. 158, s. 503; 1971, c. 872, s. 1; 1975, c. 411, s. 7; 1977, c. 70, s. 20; c. 176, s. 7; 1979, c. 286, s. 5; 1981, c. 412, s. 2; 1987, c. 136, s. 4.)

 

§ 18B‑406.  Unlawful transportation.

It shall be unlawful to transport a greater amount of alcoholic beverage than permitted by this Article, unless the transportation is authorized under Article 11. (1981, c. 412, s. 2.)

 

§§ 18B‑407 through 18B‑499.  Reserved for future codification purposes.