04 NCAC 02S .0101. DEFINITIONS

In addition to the definitions found in Sections 18B‑101 and 18B‑1000 of the North Carolina General Statutes, the following definitions apply to this Subchapter:

(1)           "Employee" means any person who performs a service for any person holding an ABC permit, regardless of whether that person is compensated for the performance of those services.

(2)           "Intoxicated" means the condition of a person whose mental or physical functioning appears to be presently substantially impaired as a result of the use of alcohol or other substance, such as when the person appears to a reasonable observer to be so far under such influence that:

(A)          the person's emotions are conspicuously uncontrolled; or

(B)          the person's intelligence, sense-perceptions, judgment, continuity of thought or of ideas, speech and coordination of volition with muscular action, or some of these faculties or processes are materially impaired.

(3)           "Modified Plan Permits," as used in 04 NCAC 02S .0105 and 04 NCAC 02S .0106, mean on-premise malt beverage permits authorized by elections held pursuant to G.S. 18B-602(a)(4).

(4)           "Original container" means a bottle, can or other alcoholic beverage product container filled by a manufacturer or bottler that has been approved for sale within this State.

(5)           "Premises" means the same as defined in G.S. 18B-101(12a).  A diagram attached to the investigative report and kept in the permittee's file is prima facie evidence of the premises covered by that permit and for which the permittee and his employees are responsible.  Permits shall authorize the sale and possession or consumption of alcoholic beverages only on the premises described in the investigative report and diagram furnished by the investigating agent.

(6)           "Private dining area" means any area of a restaurant or hotel that is or can be substantially closed off from public view.

 

History Note:        Authority G.S. 18B-100; 18B‑207; 18B‑305; 18B-602(a)(4); 18B-1008; 122C-3(18);

Eff. January 1, 1982;

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