14b NCAC 15a .1203      APPROVAL OF NEW STORES

(a)  Notice to Commission. The opening of any new ABC stores shall not be considered by the Commission unless a 45-day notice is given to the Chairman as to the intended location of the store and until a public notice of the intention to open the ABC store has been posted for 30 days at the proposed location.

(b)  Sign Requirements. In order to meet the public notice requirements of Paragraph (a) of this Rule, the local board shall post at least one sign at the proposed new store site in accordance with all the following requirements:

(1)           Dimensions of the sign shall be at least three feet high and three feet wide;

(2)           The board shall state on the sign its intention to open an ABC store on the site and shall state the telephone number of the local board where public comments will be received;

(3)           Lettering shall be at least four inches in height and background colors shall contrast so that the notice may be discerned by the viewer; and

(4)           The sign shall be posted within 10 feet of the property line that is parallel to the public road or sidewalk that will be in front of the proposed store, or if the proposed store will be in an existing shopping center, the sign shall be posted on the front exterior of the existing storefront or building. Lettering on the sign shall face the public road or sidewalk, or if within an existing shopping center, the lettering shall face the exterior of the existing storefront or building.

(c)  In considering whether to approve the opening of a new ABC store, in addition to determining whether the health, safety or general welfare of the community would be adversely affected, the Commission shall consider the factors enumerated in G,S. 18B-901(c)(3), (4), (5), (6), and (7).


History Note:        Authority G.S. 18B-100; 18B-207; 18B-801;

Eff. January 1, 1982;

Amended Eff. November 1, 2010; July 1, 1992;

Transferred and Recodified from 04 NCAC 02R .1203 Eff. August 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 22, 2015;

Amended Eff. December 1, 2019.