(a) Sale. - It is unlawful for any person to do any of the following:
(1) Sell malt beverages or unfortified wine to anyone less than 21 years old.
(2) Sell fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old.
(a1) Give. - It is unlawful for any person to do any of the following:
(1) Give malt beverages or unfortified wine to anyone less than 21 years old.
(2) Give fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old.
(b) Purchase, Possession, or Consumption. - It is unlawful for a person less than 21 years old to do any of the following:
(1) Purchase, attempt to purchase, or possess malt beverages or unfortified wine.
(2) Purchase, attempt to purchase, or possess fortified wine, spirituous liquor, or mixed beverages.
(3) Consume any alcoholic beverage.
(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), (a1), or (b) of this section is 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), (a1), or (b) of this section is guilty of a Class 1 misdemeanor.
(d) Defense. - It is a defense to a violation of subsection (a) of this section if the seller does any of the following:
(1) Shows that the purchaser produced a driver's license, a special identification card issued under G.S. 20-37.7 or issued by the state agency of any other state authorized to issue similar official state special identification cards for that state, a military identification card, or a passport, showing the purchaser's 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.
(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. 20-37.7 or issued by the state agency of any other state authorized to issue similar official state special identification cards for that state, 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 is 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 is 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 any of the following:
(1) A violation of subsection (e) or (f) of this section.
(2) A violation of subsection (c) of this section.
(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.
(4) A violation of subsection (a1) of this section.
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 prohibits 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, Possession, or Consumption by 19 or 20-Year Old. - A violation of subdivision (b)(1) or (b)(3) of this section by a person who is 19 or 20 years old is a Class 3 misdemeanor.
(j) Screening Test. - Notwithstanding any other provisions of law, a law enforcement officer may require any person the officer has probable cause to believe is less than 21 years old and has consumed alcohol to submit to an alcohol screening test using a device approved by the Department of Health and Human Services. The results of any screening device administered in accordance with the rules of the Department of Health and Human Services are admissible in any court or administrative proceeding. A refusal to submit to an alcohol screening test is admissible in any court or administrative proceeding.
(k) Exception. - Notwithstanding the provisions in this section, it is not unlawful for a person less than 21 years old to consume unfortified wine or fortified wine during participation in an exempted activity under G.S. 18B-103(4), (8), or (11). (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); 2006-253, s. 26; 2007-537, s. 1; 2015-264, s. 7; 2021-88, s. 4(a); 2021-150, s. 10.1(a).)
Notes of Decisions
Cited in
26
cases (
3 in the last 5 years), 1985–2021 · 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 90× “They say first that the defendants were negligent per se for serving an alcoholic beverage to a minor in violation of N.C.G.S. § 18B-302. The plaintiffs next contend that they have stated a claim under common law principles of negligence by alleging that the defendants served…”
Est. of Mullis Ex Rel. Dixon v. Monroe Oil Co., 505 S.E.2d 131 (N.C. 1998).
· cites it 60× “§ 18B-102, which prohibits the illegal sale of alcohol, and, more specifically, were in violation of N.C.G.S. § 18B-302, which prohibits the sale of alcohol to underage persons.”
Hart v. Ivey, 403 S.E.2d 914 (N.C. Ct. App. 1991).
· cites it 81× “Under either theory of negligence, this Court must decide if a cause of action can be maintained in North Carolina against a social host who provides alcoholic beverages to an underage person for consumption, resulting in impaired driving by the underage person and injuries to…”
Smith v. Winn-Dixie Charlotte, Inc., 542 S.E.2d 288 (N.C. Ct. App. 2001).
· cites it 40× “Plaintiff's complaint alleged claims against Winn-Dixie, in pertinent part, for common law negligence and negligence per se based on Winn-Dixie's alleged violation of N.C. Gen.Stat. § 18B-302 (sale of alcohol to underage persons).”
State v. Powell, 446 S.E.2d 26 (N.C. 1994).
· cites it 9× “However, a majority of this Court declined to hold defendants liable in damages to plaintiffs on the theory of negligence per se based on defendants’ violation of N.C.G.S. § 18B-302 which prohibits, among other things, giving alcoholic beverages to anyone less than twenty-one…”
Hall v. Toreros, II, Inc., 626 S.E.2d 861 (N.C. Ct. App. 2006).
· cites it 6× “, thereby allowing claims against ABC licensees resulting from the sale of alcoholic beverages to minors, 2) N.C.G.S. § 18B-302, prohibiting the sale of alcoholic beverages to minors, 3) N.”
State v. Strickland, 351 S.E.2d 281 (N.C. 1987).
· cites it 6× “N.C.G.S. § 18B-302 (Cum.Supp.1985). Evidence establishing the conviction consisted solely of the following testimony of Detective C.”
State v. Ackerman, 551 S.E.2d 139 (N.C. Ct. App. 2001).
· cites it 2× “See N.C. Gen. Stat. § 18B-302. The circumstantial evidence of defendant’s regular patronage of a bar and consumption of alcohol is sufficient evidence from which a jury, in addition to observing defendant, could conclude defendant was over 18 years of age.”
In Re Robinson, 615 S.E.2d 884 (N.C. Ct. App. 2005).
· cites it 2× “Section 15A-146 of the North Carolina General Statutes provides for the expunction of records when charges are dismissed or there are findings of not guilty as follows: (a) If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction…”
State v. Hensley, 661 S.E.2d 18 (N.C. Ct. App. 2008).
· cites it 8× “Deputy Ball also issued defendant a citation for possession or consumption of a malt beverage by a person less than twenty-one years of age pursuant to N.C. Gen. Stat. § 18B-302 (2005). After defendant was arrested, a chemical analysis of a sample of his breath using an…”
State v. Powell, 426 S.E.2d 91 (N.C. Ct. App. 1993).
· cites it 6× “However, this very type of limited protective classification was rejected in Hart wherein the Supreme Court found N.C.G.S. § 18B-302, a statute which prohibits the sale of alcohol to anyone under the age of twenty-one, to be a non-safety statute because it was not designed to…”
— N.C. Gen. Stat. § 18B-302(a) — 5 cases
Hart v. Ivey, 420 S.E.2d 174 (N.C. 1992).
“They say first that the defendants were negligent per se for serving an alcoholic beverage to a minor in violation of N.C.G.S. § 18B-302. The plaintiffs next contend that they have stated a claim under common law principles of negligence by alleging that the defendants served…”
Smith v. Winn-Dixie Charlotte, Inc., 542 S.E.2d 288 (N.C. Ct. App. 2001).
“Plaintiff's complaint alleged claims against Winn-Dixie, in pertinent part, for common law negligence and negligence per se based on Winn-Dixie's alleged violation of N.C. Gen.Stat. § 18B-302 (sale of alcohol to underage persons).”
Hart v. Ivey, 403 S.E.2d 914 (N.C. Ct. App. 1991).
“Under either theory of negligence, this Court must decide if a cause of action can be maintained in North Carolina against a social host who provides alcoholic beverages to an underage person for consumption, resulting in impaired driving by the underage person and injuries to…”
— N.C. Gen. Stat. § 18B-302(a)(1) — 2 cases
Hart v. Ivey, 403 S.E.2d 914 (N.C. Ct. App. 1991).
“Under either theory of negligence, this Court must decide if a cause of action can be maintained in North Carolina against a social host who provides alcoholic beverages to an underage person for consumption, resulting in impaired driving by the underage person and injuries to…”
Hart v. Ivey, 420 S.E.2d 174 (N.C. 1992).
“They say first that the defendants were negligent per se for serving an alcoholic beverage to a minor in violation of N.C.G.S. § 18B-302. The plaintiffs next contend that they have stated a claim under common law principles of negligence by alleging that the defendants served…”
— N.C. Gen. Stat. § 18B-302(a)(l) — 3 cases
Hart v. Ivey, 420 S.E.2d 174 (N.C. 1992).
“They say first that the defendants were negligent per se for serving an alcoholic beverage to a minor in violation of N.C.G.S. § 18B-302. The plaintiffs next contend that they have stated a claim under common law principles of negligence by alleging that the defendants served…”
Hart v. Ivey, 403 S.E.2d 914 (N.C. Ct. App. 1991).
“Under either theory of negligence, this Court must decide if a cause of action can be maintained in North Carolina against a social host who provides alcoholic beverages to an underage person for consumption, resulting in impaired driving by the underage person and injuries to…”
— N.C. Gen. Stat. § 18B-302(b) — 3 cases
Hart v. Ivey, 403 S.E.2d 914 (N.C. Ct. App. 1991).
“Under either theory of negligence, this Court must decide if a cause of action can be maintained in North Carolina against a social host who provides alcoholic beverages to an underage person for consumption, resulting in impaired driving by the underage person and injuries to…”
— N.C. Gen. Stat. § 18B-302(b)(1) — 1 case
— N.C. Gen. Stat. § 18B-302(b)(3) — 1 case
State v. Hensley, 661 S.E.2d 18 (N.C. Ct. App. 2008).
“Deputy Ball also issued defendant a citation for possession or consumption of a malt beverage by a person less than twenty-one years of age pursuant to N.C. Gen. Stat. § 18B-302 (2005). After defendant was arrested, a chemical analysis of a sample of his breath using an…”
— N.C. Gen. Stat. § 18B-302(b)(l) — 1 case
State v. Hensley, 661 S.E.2d 18 (N.C. Ct. App. 2008).
“Deputy Ball also issued defendant a citation for possession or consumption of a malt beverage by a person less than twenty-one years of age pursuant to N.C. Gen. Stat. § 18B-302 (2005). After defendant was arrested, a chemical analysis of a sample of his breath using an…”
— N.C. Gen. Stat. § 18B-302(c) — 1 case
Hart v. Ivey, 403 S.E.2d 914 (N.C. Ct. App. 1991).
“Under either theory of negligence, this Court must decide if a cause of action can be maintained in North Carolina against a social host who provides alcoholic beverages to an underage person for consumption, resulting in impaired driving by the underage person and injuries to…”
— N.C. Gen. Stat. § 18B-302(c)(2) — 1 case
— N.C. Gen. Stat. § 18B-302(i) — 4 cases
In Re Robinson, 615 S.E.2d 884 (N.C. Ct. App. 2005).
“Section 15A-146 of the North Carolina General Statutes provides for the expunction of records when charges are dismissed or there are findings of not guilty as follows: (a) If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction…”
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