S.L. 1969-617

1969 SESSION

CHAPTER 617

HOUSE BILL 643

AN ACT TO AMEND ARTICLE 3 OF CHAPTER 18 OF THE GENERAL STATUTES OF NORTH CAROLINA SO AS TO REGULATE THE SALE, POSSESSION, PURCHASE AND TRANSPORTATION OF ALCOHOLIC BEVERAGES IN EXCESS OF ONE GALLON.

The General Assembly of North Carolina do enact:

Section 1. That Article 3 of Chapter 18 of the General Statutes is hereby amended by adding new sections immediately following Section 18-49.5 to be designated as Sections 18-49.6, 18-49.7, 18-49.8 and 18- 49.9 to read as follows:

"Sec. 18-49.6. Sale, Possession, transportation of alcoholic beverages in excess of one gallon; permit required. Notwithstanding any other provisions of law imposing restrictions or limitations upon the sale, purchase, possession or transportation of alcoholic beverages, it shall be lawful to purchase, possess and transport up to five gallons of alcoholic beverages as defined in Article 3 in container or containers not smaller than one-fifth gallon from a county or municipal ABC Store to a named destination within the county; provided, the purchaser has in his possession a purchase- transportation permit and complies strictly with the provisions of this Act and provided, further, that said alcoholic beverages are not being transported for the purpose of sale and that the cap or seal on the container or containers of said alcoholic beverages have not been opened or broken.

"Sec. 18-49.7. Purchase-transportation permit. Whenever any person desires to purchase or transport more than one gallon of alcoholic beverages 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 alcoholic beverages 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 statement 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 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 ABC 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 the alcoholic beverages 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.

"Sec. 18-49.8. Persons authorized to issue permits; Penalty for violation. 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.

"Sec. 18-49.9. 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 ___________________________________________________________

A. B. C. STORE NO. ________ADDRESS (of the 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. 2. 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. 3. This Act shall apply to the counties of Alamance, Alleghany, Beaufort, Brunswick, Buncombe, Burke, Caldwell, Carteret, Catawba, Columbus, Craven, Cumberland, Dare, Durham, Edgecombe, Forsyth, Granville, Greene, Halifax, Haywood, Henderson, Hoke, Johnston, Jones, Lenoir, Martin, Mecklenburg, Moore, Nash, New Hanover, Orange, Onslow, Pamlico, Pasquotank, Person, Pitt, Richmond, Rowan, Scotland, Tyrrell, Vance, Wake, Warren, Washington, Wayne and Wilson, and to the municipalities of Clinton, Concord, Dunn, Garland, Greensboro, Hertford, Jamestown, Maxton, Monroe, Mount Pleasant, North Wilkesboro, Pembroke, Reidsville, Roseboro, Rowland, Sanford, Sparta, St. Pauls, Taylorsville, Wadesboro and Wilkesboro.

Sec. 4. All law and clauses of laws in conflict with this Act are hereby repealed.

Sec. 5. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 30th day of May, 1969.