04 NCAC 02T .0102. APPLICATION PROCEDURES

(a)  Before any winery, brewery, distiller, wholesaler, importer, bottler, representative, distiller representative, salesman, or vendor sells, solicits orders for, or manufactures, bottles or imports any alcoholic beverage in this State, that person shall first file written application for the appropriate permit and pay the required fees, as described in G.S. 18B‑902.

(b)  Who Files.  Application for permits shall be filed by those individuals listed in G.S. 18B‑900(c).  Each person shall provide in the application, under oath, the following information:

(1)           name, address, and residence of applicant;

(2)           address of location of business for which permit is desired, and county and state in which business is located;

(3)           corporate or partnership name;

(4)           trade name of business;

(5)           name and address of owner of premises;

(6)           applicant's date and place of birth;

(7)           if a corporation, the name and address of agent or employee authorized to serve as process agent;

(8)           if a nonresident, intending to operate a business in the State of North Carolina, the name and address of person appointed as attorney‑in‑fact by virtue of a duly executed and registered power of attorney; and

(9)           if the application is for a vendor representative permit, authorization from the commercial permittee to represent it.

In addition the applicant shall certify, under oath, that he has not been convicted of a felony within three years, an alcohol or drug law violation within two years, nor had any permit authorizing the sale, importation or manufacture of alcoholic beverages revoked by this State, any other state, or the federal government revoked within the past three years.

(c)  Salesmen, Representatives, Vendors To State Companies.  All salesmen, representatives, distiller representatives, and vendors shall further state on the permit application the name of every manufacturer, importer, wholesaler, or vendor that the applicant will represent in the State of North Carolina.

(d)  Resident Wholesalers.  In addition to the requirements set forth in Paragraphs (a) and (b) of this Rule, every applicant for a permit to sell malt beverages or wine at wholesale shall submit with the permit application a distribution agreement specifying the brands authorized to be sold by the wholesaler and the specific territory in which the product may be sold.

 

History Note:        Authority G.S. 18B‑207; 18B‑900; 18B‑902; 18B‑1109(b);

18B‑1200 through 18B‑1216;

Eff. January 1, 1982;

Amended Eff. May 1, 1984.