(a)  No permittee or his employees shall be on the licensed premises after consuming alcoholic beverages except under the following conditions:

(1)           The permittee or employee is off duty for the remainder of that day or night during which he consumes any alcoholic beverage;

(2)           The permittee or employee is out of uniform when uniforms are required to be worn while performing any on duty services; and

(3)           The permittee or employee shall not perform any on duty services of any nature while or after consuming alcoholic beverages.

(b)  Notwithstanding Paragraph (a) of this Rule, a malt beverage or wine permittee or its employee who is of legal age and who is responsible for ordering or serving beverage alcohol may sample new malt beverage or wine products as provided by 14B NCAC 15C .0711(b) on the premises. Samples shall not exceed two ounce servings of individual products and the total of the samples shall not exceed eight ounces in one calendar day.

(c)  No permittee or his agents or employees shall be or become intoxicated on the licensed premises.


History Note:        Authority 18B-100; 18B‑207; 18B‑1005(b); 18B-1006(d);

Eff. January 1, 1982;

Amended Eff. May 1, 1984;

Pursuant to G.S. 150B-33(b)(9), Administrative Law Judge James L. Conner, II declared Rule 04 NCAC 02S .0212(b) void as applied in North Carolina Alcoholic Beverage Control Commission v. Midnight Sun Investments, Inc. t/a Tiki Cabaret (03 ABC 1732);

Amended Eff. January 1, 2011;

Transferred and Recodified from 04 NCAC 02S .0212 Eff. August 1, 2015;

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