§ 18B-1104. Authorization of brewery permit.
§ 18B‑1104. Authorization of brewery permit.
The holder of a brewery permitmay:
(1) Manufacture maltbeverages;
(2) Purchase malt, hopsand other ingredients used in the manufacture of malt beverages;
(3) Sell, deliver andship malt beverages in closed containers to wholesalers licensed under thisChapter as authorized by the ABC laws, except that malt beverages may be soldto exporters and nonresident wholesalers only when the purchase is not forresale in this State;
(4) Receive maltbeverages manufactured by the permittee in some other state for transshipmentto dealers in other states;
(5) Furnish or sellmarketable malt beverage products, or packages which do not conform to themanufacturer's marketing standards, if State taxes have been or will be paid,to its employees for the use of the employees or their families and guests inthis State;
(6) Give its products toits employees and guests for consumption on its premises;
(7) In areas where thesale is legal, sell the brewery's malt beverages at the brewery upon receivinga permit under G.S. 18B‑1001(1). The brewery also may obtain a maltbeverage wholesaler permit to sell, deliver, and ship at wholesale only maltbeverages manufactured by the brewery. The authorization of this subdivisionapplies to a brewery that sells, to consumers at the brewery, to wholesalers,to retailers, and to exporters, fewer than 25,000 barrels, as defined inG.S. 81A‑9, of malt beverages produced by it per year. A brewery notexceeding the sales quantity limitations in this subdivision may also sell themalt beverages manufactured by the brewery at not more than three otherlocations in the State upon obtaining the appropriate permits underG.S. 18B‑1001. A brewery operating any additional retail locationpursuant to this subdivision shall also offer for sale at that location areasonable selection of competitive malt beverage products.
A sale or gift undersubdivision (5) or (6) shall not be considered a retail or wholesale sale underthe ABC laws. (1945,c. 903, s. 1; 1947, c. 1098, ss. 2, 3; 1949, c. 974, s. 1; 1957, cc. 1048,1448; 1963, c. 426, ss. 10, 12; c. 460, s. 1; 1971, c. 872, s. 1; 1973, c. 476,s. 128; 1975, c. 586, s. 1; c. 654, ss. 1, 2; c. 722, s. 1; 1977, c. 70, s. 19;c. 182, s. 1; c. 669, ss. 1, 2; c. 676, ss. 1, 2; c. 911; 1979, c. 348, ss. 2,3; c. 683, ss. 5, 6, 11, 12; 1981, c. 412, s. 2; 1985, c. 596, s. 2; 1989, c.800, s. 4; 1991 (Reg. Sess., 1992), c. 920, s. 9; 1993, c. 415, s. 20; 2003‑430,s. 1; 2004‑203, s. 29.)