(a) Certain Conduct. - It shall be unlawful for a permittee or the permittee's agent or employee to knowingly allow any of the following kinds of conduct to occur on the licensed premises:
(1) Any violation of this Chapter.
(2) Any fighting or other disorderly conduct that can be prevented without undue danger to the permittee, the permittee's employees or patrons.
(3) Any violation of the controlled substances, gambling, or prostitution statutes, or any other unlawful acts. For purposes of this subdivision, gambling shall not include wagering exempted by G.S. 14-309.3.
(4) through (6) Repealed by Session Laws 2003-382, s. 1, effective August 1, 2003.
(b) Supervision. - It shall be unlawful for a permittee to fail to superintend in person or through a manager the business for which a permit is issued. (1943, c. 400, s. 6; 1945, c. 708, s. 6; c. 903, s. 1; 1947, c. 1098, ss. 2, 3; 1949, c. 974, ss. 13, 15; c. 1251, s. 3; 1957, c. 1048; 1959, c. 745, s. 2; 1963, c. 426, ss. 6, 10, 12; c. 460, s. 1; 1971, c. 872, s. 1; 1973, c. 30; c. 1295; c. 1452, s. 4; 1977, c. 176, ss. 1-3; 1981, c. 412, s. 2; 1981 (Reg. Sess., 1982), c. 1262, ss. 18, 19; 2003-382, s. 1; 2023-42, s. 4(k).)
Notes of Decisions
Giovani Carandola, Ltd. v. Bason, 147 F. Supp. 2d 383 (M.D.N.C. 2001).
· cites it 64× “On November 11, 2000, entertainers 3 at Christie’s were allegedly witnessed by Commission officers engaging in acts in violation of N.C.G.S. § 18B-1005 and Rule 4 NCAC 2S.0216.”
Giovani Carandola, Ltd. v. Fox, 396 F. Supp. 2d 630 (M.D.N.C. 2005).
· cites it 18× “On November 11, 2000, entertainers at Christie’s were allegedly witnessed by Commission officers engaging in acts in violation of N.C. Gen.Stat. § 18B-1005 (2000) and N.C.”
Hall v. Toreros, II, Inc., 626 S.E.2d 861 (N.C. Ct. App. 2006).
· cites it 9× “§ 18B-305, prohibiting the sale or furnishing of alcoholic beverages to an intoxicated person, and 4) N.C.G.S. § 18B-1005, prohibiting certain “kinds of conduct” on licensed premises.”
Hart v. Ivey, 403 S.E.2d 914 (N.C. Ct. App. 1991).
· cites it 10× “" The statutory scheme of § 18A-43 has been carried forward to the present in Chapter 18B, Article 10 "Retail Activities" (N.C.Gen.Stat. § 18B-1005), which states in part: "It shall be unlawful for a permittee .”
Noble v. Hooters of Greenville (nc), LLC, 681 S.E.2d 448 (N.C. Ct. App. 2009).
· cites it 2× “Furthermore, “a permittee shall be responsible for the actions of all employees of the business for which the permit is issuedf,]” N.C. Gen. Stat. § 18B-1003(b) (2007), and it is unlawful for a permittee or his employee to knowingly allow any violation of Chapter 18B to occur on…”
Norfolk 302, LLC v. Vassar, 524 F. Supp. 2d 728 (E.D. Va. 2007).
“§ 18B-1005(a) prohibited an establishment licensed to serve alcohol from allowing on its premises (4)Any conduct or entertainment by any person whose private parts are exposed or who is wearing transparent clothing that reveals the private parts; (5) Any entertainment that…”
Carandola v. Bason (4th Cir. 2002).
“" N.C. Gen. Stat. § 18B-1005. Acting under the direction of this statute, the North Carolina Alco- holic Beverage Control Commission adopted a regulation that pro- vides as follows: (a) No permittee or his employee shall allow any person to perform acts of or acts that simulate:…”
— N.C. Gen. Stat. § 18B-1005(a) — 1 case
Norfolk 302, LLC v. Vassar, 524 F. Supp. 2d 728 (E.D. Va. 2007).
“§ 18B-1005(a) prohibited an establishment licensed to serve alcohol from allowing on its premises (4)Any conduct or entertainment by any person whose private parts are exposed or who is wearing transparent clothing that reveals the private parts; (5) Any entertainment that…”
— N.C. Gen. Stat. § 18B-1005(a)(l) — 1 case
Hall v. Toreros, II, Inc., 626 S.E.2d 861 (N.C. Ct. App. 2006).
“§ 18B-305, prohibiting the sale or furnishing of alcoholic beverages to an intoxicated person, and 4) N.C.G.S. § 18B-1005, prohibiting certain “kinds of conduct” on licensed premises.”
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