14B NCAC 15B .0507       PRE‑MIXING DRINKS

(a)  Except as provided in this Rule, neither a mixed beverage permittee nor his employee shall pre‑mix mixed beverages or prepare any mixed beverage before receiving an order for the beverage from a customer.

(b)  A mixed beverages permittee may pre‑mix mixed beverages upon receiving Commission approval provided the following conditions are complied with:

(1)           No spirituous liquor may be used in the pre‑mixing of mixed beverages except spirituous liquor on which the mixed beverages charge imposed by G.S. 18B‑804(b)(8) has been paid.  All spirituous liquor used for pre‑mixing of mixed beverages shall be dispensed into the approved pre‑mixing system from a container to which a mixed beverages tax stamp is affixed;

(2)           All pre‑mixing shall be done pursuant to a recipe that has been approved by the Commission.  That recipe shall state the exact percentage and type or types of spirituous liquors and other alcoholic beverages used in the mixture;

(3)           Pre‑mixing shall be limited to those approved recipes for which the permittee prepares and sells at least five gallons per week.  The Commission shall withdraw its approval for pre‑mixing of any recipe for which this minimum standard is not maintained;

(4)           Only equipment and systems approved by the Commission shall be employed in the pre‑mixing and dispensing of mixed beverages;

(5)           A permittee that is authorized to pre‑mix mixed beverages shall maintain at all times an accurate inventory reflecting withdrawals from his spirituous liquor stock for purposes of pre‑mixing that specifies:

(A)          the brand and container size of each item withdrawn;

(B)          the date and time of withdrawal; and

(C)          the date and time partially used containers are returned to storage.


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

Eff. January 1, 1982;

Amended Eff. May 1, 1984;

Transferred and Recodified from 04 NCAC 02S .0511 Eff. August 1, 2015;

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