SECTION .0900 ‑ DISTILLERS: REPRESENTATIVES

14B NCAC 15C .0901      DISTILLER, SUPPLIER AND BROKERAGE REPRESENTATIVES: PROHIBITED ACTS

(a)  Distiller representatives, supplier representatives, or brokerage representatives shall not enter an ABC store except to call on the buyer if the buyer's office is maintained in the store, make a purchase, or visit a store to market product, build displays, or attach added value items in accordance with written permission from the local Board. A representative shall make an initial request for permission to visit a store pursuant to this Paragraph in writing to the general manager of the local Board in a form acceptable to the local Board. The local Board may adopt policies including when a representative may visit the local Board's ABC store, the times, frequency, purpose, method of requesting and approving permission, and advance notice requirements. The general manager, or other local Board designee, shall grant initial permission to visit the local Board's ABC stores in writing and in compliance with policies adopted by the local Board. The duration of the permission may be for an indefinite time. The local Board's policies may authorize the general manager or manager's designee to verbally authorize subsequent specific visits once written permission has been given.

(b)  Distiller representatives, supplier representatives, or brokerage representatives shall not contact ABC store personnel for the purpose of promoting their merchandise while store personnel are off-duty.

(c)  Distiller representatives, supplier representatives, or brokerage representatives shall not give liquor, except for samples pursuant to G.S. 18B-707, or things of value to local ABC board members or employees. Local ABC board members and employees shall not accept gifts initiated by a distiller representative, supplier representative, or brokerage representative.

(d)  No distiller representative, supplier representative, or brokerage representative shall:

(1)           solicit an order, agreement, or other commitment to purchase liquor, whether or not it is legally enforceable; or

(2)           advertise, promote, or encourage purchases of spirituous liquor or furnish means to obtain spirituous liquor, except as provided in 14B NCAC 15B .1008.

This Paragraph shall not apply to a distiller representative, supplier representative, or brokerage representative who contacts the Commission, local ABC boards, or retail permittees regarding the promotion and purchase of spirituous liquor or who has been granted an exception by the Commission to make presentations at the request of a local ABC board and non-profit, charitable corporation related to orders and sales of commemorative bottles pursuant to 14B NCAC 15A .1404. Representatives shall submit requests for an exception in writing to pricing@abc.nc.gov.

(e)  No employee or representative of a distiller, importer, rectifier, or bottler may promote or solicit orders by a mixed beverages permittee or aid the permittee in placing orders for spirituous liquor or other alcoholic beverages.

(f)  Except as permitted pursuant to Rules .0710 and .0711 of this Subchapter, employees or representatives of industry members shall not give or lend to a mixed beverage permittee or the permittee's employee a gift, money, services, equipment, furniture, fixture, or other thing of value.

History Note:        Authority G.S. 18B-100; 18B-203; 18B-207; 18B-807; 18B-1116;

Eff. January 1, 1982;

Amended Eff. April 1, 2011; July 1, 1992; May 1, 1984;

Transferred and Recodified from 04 NCAC 02T .0901 Eff. August 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 19, 2017;

Amended Eff. April 1, 2019;

Readopted Eff. September 1, 2026.