NORTH CAROLINA GENERAL ASSEMBLY
1969 SESSION
CHAPTER 598
SENATE BILL 254
AN ACT TO AMEND CHAPTER 18 OF THE GENERAL STATUTES OF NORTH CAROLINA TO REMOVE THE LIMITATION ON PURCHASE AND TRANSPORTATION OF FORTIFIED WINE.
The General Assembly of North Carolina do enact:
Section 1. The Fortified Wine Control Act of 1941, being Article 5 of Chapter 18 of the General Statutes, is hereby amended as follows:
G.S. 18-97 is hereby amended by deleting the entire second sentence thereof reading as follows: "It shall be unlawful for any person to purchase on order and receive by mail or express from any such alcoholic beverage control store fortified wines in quantities in excess of one gallon at any one time."
Sec. 2. The Alcoholic Beverage Control Act of 1937, being Article 3 of Chapter 18 of the General Statutes, is hereby amended as follows:
G.S. 18-49, as the same appears in the 1967 Supplement to Volume 1C of the General Statutes, is hereby amended by adding a new sentence at the end thereof, as follows:
"The provisions of this Section limiting the authorized transportation of alcoholic beverages to one gallon shall apply also to fortified wine as defined in G.S. 18-96, provided that whenever any person desires to purchase or transport more than one gallon but not exceeding five gallons of fortified wine at one time, such person shall first obtain a purchase-transportation permit from the Chairman of the local Board, a Member of the local Board, or the General Manager or Supervisor of the local Board of Alcoholic Control. No permit shall be issued by any authorized person to: (1) persons not of good character, (2) persons not sufficiently identified, if unknown to the issuing person, (3) persons known or shown to be alcoholics or bootleggers. The permit shall be signed by the person authorized to issue same and it shall authorize the purchaser named therein to purchase and transport the quantity of fortified wine therein indicated not to exceed five gallons. The permit shall be issued by means of a printed form with at least two carbon copies of the same and on the face of the permit shall appear the following information:
1. Name and address of purchaser.
2. The name and location of the place where purchase is to be made.
3. Date issued and expiration date.
4. Destination.
5. Signature of person issuing the permit.
6. A state that the permit is valid only for one purchase on the date shown and that the permit must accompany the merchandise while in transit and both the merchandise and the permit must be exhibited by purchaser to any law enforcement officer upon request.
"The permit herein authorized shall be valid only for one purchase and it shall expire at six o'clock P.M. of the date shown thereon. No purchase shall be made from any Store except the store named on the permit. One copy of the permit shall be retained by the Board issuing the same, one copy shall be delivered to the store from which the merchandise is purchased and one copy shall be retained by the permittee. The permit shall authorize the permittee to transport fortified wine from the place of purchase to the destination indicated thereon and the permit must accompany the merchandise while in transit and both the merchandise and permit must be exhibited to any law enforcement officer upon request.
"The chairman or any member of a local county or municipal board. General Manager or Supervisor of Alcoholic Control Board is authorized to issue purchase transportation permits.
"Permits to be used shall be in the form substantially as follows:
ALCOHOLIC BEVERAGE CONTROL BOARD
_________________________COUNTY
_______________, NORTH CAROLINA
Date_______, 19___
PURCHASE-TRANSPORTATION PERMIT
(not to exceed five gallons)
NAME OF PURCHASER__________________________________________________
ADDRESS______________________________________________________________
NAME OF STORE___________________ADDRESS (of store)____________________
DESTINATION__________________________________________________________
ROUTE TO BE USED_____________________________________________________
SIGNED_____________________________
(Person authorized to issue)
Board Member
Note: This permit is valid only for one purchase and it shall expire at six o'clock p.m. of the date shown above. Special Note: This permit must accompany the merchandise while in transit. Both the merchandise and permit must be exhibited to any law enforcement officer upon request."
Sec. 3. Any person violating the provisions of this Article shall be guilty of a misdemeanor and shall be punished by a fine or imprisonment or both in the discretion of the Court.
Sec. 4. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 5. This Act shall become effective upon its ratification.
In the General Assembly read three times and ratified, this the 27th day of May, 1969.