This Chapter is intended to establish a uniform system of control over the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages in North Carolina, and to provide procedures to insure the proper administration of the ABC laws under a uniform system throughout the State. This Chapter shall be liberally construed to the end that the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages shall be prohibited except as authorized in this Chapter. If any provision of this Chapter, or its application to any person or circumstance, is determined by a court or other authority of competent jurisdiction to be invalid or unconstitutional, such provision shall be stricken and the remaining provisions shall be construed in accordance with the intent of the General Assembly to further limit rather than expand commerce in alcoholic beverages, and with respect to malt beverages, unfortified wine, and fortified wine, the remaining provisions shall be construed to enhance strict regulatory control over taxation, distribution, and sale of alcoholic beverages through the three-tier regulatory system and the franchise laws imposed by this Chapter.
Except as provided in this Chapter, local ordinances establishing different rules on the manufacture, sale, purchase, transportation, possession, consumption, or other use of alcoholic beverages, or requiring additional permits or fees, are prohibited. (1937, c. 49, s. 1; 1971, c. 872, s. 1; 1981, c. 412, s. 2; 2019-18, s. 1.)
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1984–2022 · leading case:
Hart v. Ivey, 420 S.E.2d 174 (N.C. 1992).
Hart v. Ivey, 420 S.E.2d 174 (N.C. 1992).
· cites it 6× “" N.C.G.S. § 18B-100 (1989). There is no express purpose of protecting the public from intoxicated persons in the statute except in that portion of the chapter known as the Dram Shop Act, N.”
Hart v. Ivey, 403 S.E.2d 914 (N.C. Ct. App. 1991).
· cites it 6× “S. § 18B-302(a)(1). Furthermore, subsection (d) of 18B-302 provides statutory defenses for a "seller" of alcoholic beverages but no such defenses are indicated for a social host.”
Giovani Carandola, Ltd. v. Bason, 147 F. Supp. 2d 383 (M.D.N.C. 2001).
· cites it 8× “N.C. Gen. Stat § 18B-100 (1995), entitled “Purpose of Chapter,” provides that Chapter 18 is “intended to establish a uniform system of control over the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages in North Carolina, and to pro-,…”
Hall v. Toreros, II, Inc., 626 S.E.2d 861 (N.C. Ct. App. 2006).
· cites it 3× “of alcoholic beverages in North Carolina,” N.C.G.S. § 18B-100 (2003), our Supreme Court has previously stated that [t]here is no express purpose of protecting the public from intoxicated persons in the statute except in that portion of the chapter known as the Dram Shop Act, N.”
B-21 Wines, Inc. v. Hank Bauer, 36 F.4th 214 (4th Cir. 2022).
· cites it 2× “at 165-66 (codified at N.C. Gen. Stat. § 18B-100). C. On February 18, 2020, the Plaintiffs filed their Complaint against the N.”
Melkonian v. Bd. of Adjustment, 355 S.E.2d 503 (N.C. Ct. App. 1987).
· cites it 2× “*359 The General Assembly, in G.S. 18B-100, has expressed its intent to establish a uniform system of control over the sale of alcoholic beverages.”
Beskind v. Easley, 325 F.3d 506 (4th Cir. 2003).
“” N.C. Gen. Stat. § 18B-100. This intent is manifested again by the general prohibition set out at the beginning of those laws: “It shall be unlawful for any person to manufacture, sell, transport, import, deliver, furnish, purchase, consume, or possess any alcoholic beverages…”
AGL, Inc. v. N.C. Alcoholic Beverage Control Comm'n, 315 S.E.2d 718 (N.C. Ct. App. 1984).
· cites it 4× “18B-1000(6) so as to apply to petitioner, we have effectuated the avowed legislative intent underlying Chapter 18B to “establish a uniform system of control over the sale .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.