(a)  Requirements to Qualify for Brownbagging, On‑premise Fortified Wine, Mixed Beverages, or Modified Plan Permits.  To qualify as a hotel for a Brownbagging or a Mixed Beverages Permit, or a Malt Beverage Permit in areas approving on‑premise malt beverages under G.S. 18B‑602(a)(4), an establishment shall have on or closely associated with its premises a restaurant providing at least 36 seats.  The restaurant may or may not be owned by the same person who owns the hotel.  (If the restaurant is owned by a person different from the owner of the hotel, permits shall not be issued to the restaurant unless it qualifies under Rule .0105 of this Section).

(b)  For a hotel to obtain one of the permits listed in Paragraph (a), the applicant shall submit to the Commission, the appropriate application fee and the following documents:

(1)           a completed application on a form provided by the Commission, which includes the full names and addresses of all owners, officers, directors, shareholders owning 25 percent or more of the stock, interest holders holding 25 percent of the interest, and the manager; if, however, a corporation holds any other ABC permit, application by the manager is sufficient;

(2)           a copy of the restaurant's menu or a list of food served; and

(3)           photographs of sufficient detail to show the following:

(A)          entire kitchen including all equipment;

(B)          all permanent dining areas, showing seating arrangements, including patio or outdoor areas where alcoholic beverages might be served or consumed;

(C)          bars, counters and mixing stations;

(D)          locked storage area or areas; and

(E)           front exterior of hotel and restaurant.

(c)  Locations Where Sales Permitted.  Brownbagging by patrons, consumption of alcoholic beverages and sales of mixed beverages are allowed at any time during lawful hours in the restaurant and in any lounge or other place that is customarily open to the general public and that is associated with the restaurant.  These lounges and other places need not be directly connected to the restaurant as long as the services of the restaurant are available to the lounge at all times that alcoholic beverages are being served.  Sales and consumption of mixed beverages are allowed in banquet rooms, convention rooms, suites and similar places not usually open to the general public only during scheduled events and only to persons attending those events.  Portable bars may be used for the sale or mixing of mixed beverages in those rooms.

(d)  Diagram of Premises.  The diagram of the premises submitted with the application for a permit under this Rule and the diagram submitted to the Commission when the permit is issued shall be marked to indicate which spaces are considered part of the restaurant and lounge or other places associated with the restaurant and customarily open to the general public, and which spaces are considered banquet rooms, convention rooms, meeting rooms, suites, and similar places where mixed beverages are to be sold only during scheduled events.

(e)  Managers' Receptions.  Hotels operating lodging, restaurant and lounge facilities under one set of ABC permits may offer lodging guests up to two alcoholic beverages per guest per day in the price of the room package under the following conditions:

(1)           The reception or social hour is held on the licensed premises of the hotel;

(2)           The hotel issues a voucher or other proof of guest registration for the beverages that can be used by the guest to obtain the beverage of his choice;

(3)           Nonalcoholic beverages are also offered to lodging guests during the function; and

(4)           The hotel accounts for the beverages by an internal accounting procedure that insures that the price of each beverage included in the room rate package is the same price as is being charged other patrons in the lounge or restaurant for the same beverage. 

(f)  Guest Room Cabinet Permits; Application Requirements.  Applications for a Guest Room Cabinet permit shall be accepted only from hotels with Mixed Beverages permits, or from hotels simultaneously applying for Mixed Beverages permits.

In addition to the general requirements for permit applications in this Rule and in Rule .0102 of this Section, a hotel applying for a Guest Room Cabinet permit shall submit the following items along with the completed application form and appropriate fee:

(1)           List of lodging rooms by room number in which cabinets will be placed;

(2)           Total number of lodging rooms and total number of rooms set aside that will not have a cabinet;

(3)           Description of cabinets to be installed by the hotel.  A manufacturer's brochure describing the cabinet is sufficient, or the permittee may submit photographs and a written description of the lock used on the cabinet; and

(4)           Written policies developed by the permittee regarding the procedures that will be implemented by the hotel to:

(A)          insure no one under 21 is able to obtain a key to the cabinet;

(B)          control inventory;

(C)          insure price lists for items sold from cabinets are easily readable;

(D)          dispose of all opened alcoholic beverage containers sold from cabinets after guest has checked out; and

(E)           maintain adequate numbers of ice and soft drink vending machines elsewhere on the premises.


History Note:        Authority G.S. 18B-100; 18B‑207; 18B‑900; 18B‑901; 18B‑902; 18B‑1000(4); 18B‑1001(13); 18B‑1008;

Eff. January 1, 1982;

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

Transferred and Recodified from 04 NCAC 02S .0106 Eff. August 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 20, 2016.