2005 North Carolina Code - General Statutes § 18B-302. Sale to or purchase by underage persons.

§ 18B‑302.  Sale to or purchase by underage persons.

(a)       Sale. – It shall be unlawful for any person to:

(1)       Sell or give malt beverages or unfortified wine to anyone less than 21 years old; or

(2)       Sell or give fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old.

(b)       Purchase or Possession. – It shall be unlawful for:

(1)       A person less than 21 years old to purchase, to attempt to purchase, or to possess malt beverages or unfortified wine; or

(2)       A person less than 21 years old to purchase, to attempt to purchase, or to possess fortified wine, spirituous liquor, or mixed beverages.

(c)       Aider and Abettor.

(1)       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.

(2)       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 a 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.

(3)       Shows that at the time of purchase, the purchaser utilized a biometric identification system that demonstrated (i) the purchaser's age to be at least the required age for the purchase and (ii) the purchaser had previously registered with the seller or seller's agent a drivers license, a special identification card issued under G.S. 20‑377.7, a military identification card, or a passport showing the purchaser's date of birth and bearing a physical description of the person named on the document.

(e)       Fraudulent Use of Identification. – It shall be unlawful for any person to enter or attempt to enter a place where alcoholic beverages are sold or consumed, or to obtain or attempt to obtain alcoholic beverages, or to obtain or attempt to obtain permission to purchase alcoholic beverages, in violation of subsection (b) of this section, by using or attempting to use any of the following:

(1)       A fraudulent or altered drivers license.

(2)       A fraudulent or altered identification document other than a drivers license.

(3)       A drivers license issued to another person.

(4)       An identification document other than a drivers license issued to another person.

(5)       Any other form or means of identification that indicates or symbolizes that the person is not prohibited from purchasing or possessing alcoholic beverages under this section.

(f)        Allowing Use of Identification. – It shall be unlawful for any person to permit the use of the person's drivers license or any other form of identification of any kind issued or given to the person by any other 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.

Upon receipt of a conviction report, the Division shall revoke the person's license as required by G.S. 20‑17.3.

(h)       Handling in Course of Employment. – Nothing in this section shall be construed to prohibit an underage person from selling, transporting, possessing or dispensing alcoholic beverages in the course of employment, if the employment of the person for that purpose is lawful under applicable youth employment statutes and Commission rules.

(i)        Purchase or Possession by 19 or 20‑Year Old. – A violation of subdivision (b)(1) of this section by a person who is 19 or 20 years old is a Class 3 misdemeanor. (1933, c. 216, s. 8; 1959, c. 745, s. 1; 1967, c. 222, s. 3; 1969, c. 998; 1971, c. 872, s. 1; 1973, c. 27; 1977, 2nd Sess., c. 1138, s. 2; 1979, c. 683, s. 2; 1981, c. 412, s. 2; c. 747, ss. 40, 41; 1983, c. 435, ss. 32, 35; c. 740, ss. 1, 2; Ex. Sess., c. 5; 1985, c. 141, ss. 2‑3; 1993, c. 539, s. 311; 1994, Ex. Sess., c. 24, s. 14(c); 1999‑406, s. 7; 2001‑461, ss. 2, 3; 2001‑487, s. 42(b); 2005‑350, s. 6(a).)