14B NCAC 15B .1002       GENERAL PROVISIONS

(a)  Compliance with Rules.  No permittee or affiliate shall publish, disseminate or broadcast, or cause to be published, disseminated or broadcast, any advertisement, either directly or indirectly, by newspaper, magazine, shopping guide, sign, circular, direct mail, billboard, display, radio, television or other advertising medium unless the advertisement is in conformity with all the rules of the Commission.  This requirement shall apply to any alcoholic beverage advertising, whether or not it originates within this state.  In addition, the Commission does not hereby waive the discretion conferred upon it under G.S. 18B‑105 to prohibit any advertising that it considers objectionable or contrary to public interest.

(b)  Trade Practice Section Applies.  In addition to the rules in this Section, industry members shall comply with the trade practice and advertising requirements of Section .0700 of Subchapter 15C of this Chapter in their dealings with retailers and special one‑time permittees.

(c)  Approval of Advertising Not Authorized.  Upon request and for good cause shown, the Commission may authorize a form of advertising not specifically allowed or authorized by these Rules.

(d)  Limited to Brands Listed.  Advertisements of alcoholic beverages shall be limited to the brands actually approved and listed by the Commission at the time the advertisements appear.

(e)  Telephone Directory Listings.  Permittees may insert telephone and city directory listings if the listings conform in copy to the restrictions enumerated in these Rules.

(f)  Advertising within Transportation Terminals.  Upon application, the Commission may allow a permittee to advertise alcoholic beverages within transportation terminals by displays or otherwise.

(g)  Exchange of Advertising by Permittee.  Any retail permittee of the Commission may give to any other retail permittee of the Commission any advertising material if it meets the requirements of these Rules.

 

Editor's Note:  James L. Conner, II, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 4 NCAC 2S .1004(c) void as applied in Daniel W. Shelton t/a Shelton Broers v. N.C. Alcoholic Beverage Control Commission (99 ABC 1641).

 

History Note:        Authority G.S. 18B‑105(b);

Eff. January 1, 1982;

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

Transferred and Recodified from 04 NCAC 02S .1004 Eff. August 1, 2015;

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