Mecklenburg County ABC Law Enforcement ASSET Program 2016

WHAT IS AN ABC OFFICER? Responsible for taking action, making arrests, and performing investigative actions for any criminal offense. (General Statue 18B-501) Primary responsibility is the enforcement of ABC Rules and Regulations set forth by the state of N.C. Enforcement of gambling regulations and Chapter 90 -The Control Substance Act

UNDERAGE DRINKING B-21

ASTOUNDING FACTS 2/3 TEENS KNOW TEENS WHO HAVE TRIED ALCOHOL AVERAGE AGE TO FIRST TRY ALCOHOL IS 14 38% OF 8 TH GRADERS TRIED ALCOHOL 10% OF 12 YEAR OLDS HAVE TRIED ALCOHOL 50% OF 15 YEAR OLDS HAVE TRIED ALCOHOL

UNDERAGE – YES or NO? Date of birth, today’s date, 1995 or before would make them 21 years of age A photo Driver’s License from any state within the United States Photo Identification Card from the North Carolina Division of Motor Vehicles Identification cards from other states are NOT acceptable Military ID with photo Passport with photo

FRAUDULENT IDENTIFICATION

Pay attention to….. CONDITIONLEGIBLE Other things to check… EXPIRATION DATEDATE OF BIRTH When checking Identification… PERSONPHOTO

FRAUDULENT ? KEEP IT !

BE CONSISTENT  You may choose to keep an ID if you feel it is fraudulent  Please refer to company policy regarding this  It should be turned over to authorities as soon as possible  When in doubt, DO NOT make the sale

INTOXICATED PERSONS It is unlawful for a permittee/employee to knowingly sell or give alcoholic beverages to a person who is intoxicated. GS 18B-305(a) It is against ABC Rules and Regulations to allow an intoxicated person to consume alcoholic beverages on an ABC licensed premise It is unlawful for a person to knowingly buy alcoholic beverages for a person who has been refused the right to purchase such under GS 18B – 305(b)

TYPICAL SIGNS OF INTOXICATION

Loud/Profane LanguageUnsteady on FeetSlurred SpeechRed/Glassy EyesAppearance – Soiled/Disarranged ClothingInappropriate Touching of othersApparent Signs of Depression

GOAL IS TO KEEP PATRONS FROM BECOMING INTOXICATED

 To do this, slow the rate of service to the patron you feel may be drinking too fast  Advise them that you could lose your job if they consume too much Tell them that ABC is keeping a watchful eye on the establishment  Notify management to handle patrons you know have consumed too much  Be cautious in the way you handle patrons  Stop service

STEPS AFTER REFUSING SERVICE  Make sure every employee is made aware of who has been turned down  Attempt to assist the patron in making arrangements for transportation Protecting yourself from this point forward can help  Allow the patron to stay, provided they are not causing a problem  Allow time for the patron to sober up If a person becomes belligerent and uncooperative after being turned down notify management or contact law enforcement as soon as possible

LIABILITY

A permittee/employee may be civilly liable for serving alcoholic beverages to a person who is intoxicated and causes injury, death and/or property damage.

PERMITTEE/EMPLOYEE CRIMINAL OFFENSES

An ABC Officer may arrest anyone for any violation of NC General Statutes Once a permittee or his employee has been convicted of certain NC General Statutes, a person may not work in a licensed establishment for a specified amount of time A permittee may not employ persons convicted of certain NC General Statutes ABC Laws (2 years) Drugs (2 years) Felonies (within 3 years)

An ABC licensed establishment can face fines, suspensions or revocations for violations of ABC laws and regulations or some other NC General Statutes Once a violation is submitted to the NC ABC Commission, it will be up to the ABC Commission what actions will be taken against the ABC permits Fines, suspensions, revocations can be determined by the severity of the violation and/or past number of violations against the permittee

INSPECTIONS OF LICENSED ESTABLISHMENTS

Inspections of ABC licensed establishment will be conducted to determine if such is in compliance with ABC Laws, Rules and Regulations ABC permits must be posted in a prominent location within the establishment Invoices for beer, wine and spirituous liquor purchases must be maintained on licensed premises for a period of three years, separate from all other invoices.

An ABC permittee may only possess those beverages authorized by the ABC permit Mixed Beverage permittees may only purchase liquor from their designated ABC store. Their mixed beverage tax stamp will be affixed to each bottle When a bottle(s) of spirituous liquor is empty, the tax stamp must be immediately and permanently defaced and the bottle(s) thrown away in the recycle bin A permittee may purchase malt beverages, unfortified wine and fortified wine only from a wholesaler holding the proper wholesaler permit

ABC Officers shall have the authority to conduct inspections that include viewing the entire premises, and to examine the books and records of the permittee. The inspection may be conducted at any time. All locks used to secure the designated storage area shall be capable of being unlocked with a key that is available on the premise at all times. A Permittee or his employee who refuses or interferes with an inspection shall be in violation of 18B-502 and subject to arrest.

GAMBLING

Gambling and/or gambling devices are not allowed on an ABC licensed premises All gaming tables, punchboards, pull tabs, pools (race, sports, etc.) or parlay cards are against the law

RECYCLING

Arrange for pick-up of all alcoholic beverage recyclables Place all alcoholic beverage containers in recycling bin DO NOT MIX WASTE WITH RECYCLING

OTHER ABC REGULATIONS

Hours of Operation No Sales between 2:00 A.M. and 7:00 A.M. Sales on Sunday are allowed after 12 noon No consumption allowed on ABC licensed premises between 2:30 A.M. and 7:00 A.M. All tables, bars and counters must be cleared of alcoholic beverages and containers by 2:30 A.M.

Concerning Age Brown-bagging, mixed beverage or special occasion permittees shall have an employee who is at least 21 years of age in charge of a licensed premise at all times Malt beverage, fortified wine or unfortified wine permitees shall have an employee at least 18 years of age in charge of a licensed premise at all times No person under the age of 21 may be employed by any permittee to mix drinks

Employees Consuming No permittee or his employees may consume alcoholic beverages while on a licensed premises except under the following conditions: The permittee/employee shall be off duty for the remainder of the day or night in which he consumes The permittee/employee shall be out of uniform, when uniforms are required when performing services The permittee/employee shall not perform services of any nature while or after consuming alcoholic beverages

Happy Hour North Carolina Safe Road Act of 1983 effectively eliminated Happy Hour. An on premise permittee or his agent shall not: Sell more than one drink to a patron for a single price Establish a single price based upon the required purchase of more than one drink Deliver more than one drink at one time to a person for his/her consumption (Pitchers of alcoholic beverages to two or more persons is allowed) Serving a single carafe or bottle of wine to a single person is allowed Alcoholic beverages must remain the same for one business day

It is the permittee and his employees responsibility to become familiar with all ABC Laws, Rules and Regulations as stated in GS 18B and NC ABC Rules and Regulations.

It should be known that the permittee and his employees could and will be held legally responsible for any violations of these laws, rules and regulations.

Remember that all ABC laws are for your protection and the protection of your establishment. Please make sure that your patrons drink responsibility.