Below is a list of frequently asked questions that ALE agents have answered during BARS trainings. These answers should not be viewed as legal advice, but as a general guide to help you in your efforts to sell and serve alcohol responsibly and to prevent sales of alcohol to underage persons. In addition to providing answers to these questions, we have also included information on the North Carolina statutes that these answers are based on. For more information, please contact us.
NC Alcohol Law Enforcement
ALE District Information
- What happens if I sell alcohol to an underage person?
- Do you have to be 21 to buy non-alcoholic beer?
- Do I have to card everyone? Even if I know them?
- What are the acceptable forms of ID?
- How do you tell if an ID is fake?
- If I see a fake ID, what do I do with it?
- What does it mean to "aid and abet" an underage person?
- When do I need to refuse a sale?
- How much alcohol can I sell to a person?
- Do I have to put beer in a bag?
- How many drinks can I serve one individual?
- How do you determine if a person is drunk?
- How do I cut someone off, without making them mad?
- If a person is drunk but will not be driving, why can't we continue to serve them alcohol?
- How old do my employees have to be?
- Can employees drink after the business closes?
- What are serving and selling practices that reduce the likelihood for illegal sales?
What happens if I sell alcohol to an underage person?
Selling alcohol to someone under 21 can result in criminal charges against you. If injury or death occurs because you sold alcohol to someone under 21, you can be sued in civil court. This is known as 'dram shop liability.'
If you are convicted of selling alcohol to an underage person, it is a Class 1 misdemeanor and, unless you get an active jail sentence, the court must impose a sentence that includes a minimum mandatory fine of $250 plus $100 court costs plus 25 hours of community service!
If you are convicted a second time within four years, the fine is increased to $500 and the community service hours are increased to 150 hours.
Any misdemeanor conviction goes on your criminal record. Most school, job, law enforcement and military applications ask people to reveal whether they have been convicted of a crime. Some will not consider applicants if they have a criminal record.
Your business can face administrative charges and penalties ranging from a fine to loss of ABC permits.
In addition, you could lose your job. Many stores will fire an employee if they sell alcohol to someone under 21.
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Do you have to be 21 to buy non-alcoholic beer?
No. Non-alcoholic beer is treated like a soft drink. It is not an alcoholic beverage so the alcohol beverage laws do not apply.
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Do I have to card everyone? Even if I know them?
For alcohol, it is your legal responsibility to make sure the person is 21 or older. However, the law does not say you must check an ID.
It is always safer to check an ID. The law can protect you from being convicted for selling to an underage person if you can show that you checked the customer's ID and verified that the customer was at least 21-years-old.
CAUTION: Some clerks check an ID only once, and then rely on that for future purchases. This is dangerous if it turns out to be an underage person using a fake ID, because it becomes your word against that person's.
Click here for statute details.
Note: For tobacco products, the law does require you to check ID if you have reasonable grounds to believe the purchaser is under 18. If you do not check ID, you can be charged with a Class 2 misdemeanor.
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What are the acceptable forms of ID?
Only 4 kinds of IDs are valid for determining proof of age:
- driver's license
- special ID card issued by NC DMV
- military ID
- passport
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How do you tell if an ID is fake?
There are several indicators:
- Compare the person in the picture to the one who is presenting it.
- Feel the ID for cuts in the birthdate and/or picture area.
- Compare the identification document to the ID checking guide.
- Look for different types of ink on the ID.
- Look for color contrasts.
Overall, trust your instincts. Remember, you have the right to refuse sale to anyone for any reason. Better safe than sorry.
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If I see a fake ID, what do I do with it?
You are allowed by law to take a fake ID and turn it over to law enforcement. Tell the customer your reasons for taking the ID. Call law enforcement immediately.
When you turn over the ID, give as much information as possible to the law enforcement officer, including:
- date and time ID was taken,
- name of clerk who took the ID,
- what was attempted to be purchased
Click here for statute details.
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What does it mean to "aid and abet" an underage person?
If you intentionally help someone under 21 obtain or attempt to obtain alcohol, it's considered "aiding and abetting." This means you cannot help an underage person buy alcohol, you cannot buy for alcohol for them or give them any alcohol.
If you are under 21 and aid and abet, you can be charged with a Class 2 misdemeanor.
If you are 21 or older and aid and abet, you can be charged with a Class 1 misdemeanor.
Click here for statute details.
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When do I need to refuse a sale?
You have the right to refuse the sale of alcoholic beverages to any person for any reason. Refuse the sale if:
- Person fails to show proper ID;
- Person appears to be under age 21;
- Person appears to be drunk;
- You suspect person may be buying alcohol for someone under 21 or for someone who already has been refused a sale;
- Or you suspect any other possible violation.
Remember, it's better to be safe than sorry.
Note: No one may refuse to sell alcoholic beverages to a person solely based on that person's race, religion, color, national origin, sex, or disability.
Click here for statute details.
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How much alcohol can I sell to a person?
Beer:
- Not more than 225 - 12 oz. cans. This equals 9 cases + 9 cans or 80 liters of beer in cans/bottles
- Any amount of beer in kegs is allowed.
Wine:
- Not more than 20 liters of wine. This equals less than 27 bottles.
Liquor:
- Not more than 8 liters of liquor or fortified wine.
Click here for statute details.
To purchase more than these limits, a person needs a purchase-transportation permit.
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Do I have to put beer in a bag?
No. There is no state law or ABC regulation that requires you to put any alcoholic beverages in a bag.
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How many drinks can I serve one individual?
You may serve only one drink to a person at a time. A single person can be served a bottle of wine. Two or more people can be served a pitcher of beer.
There is no set limit for the total number of drinks a person can be sold over a period of time.
You can't sell any alcohol to a person if he or she appears to be drunk.
Click here for statute details.
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How do you determine if a person is drunk?
There are a number of factors to look for when determining if a person is drunk, such as:
- Number of drinks a person has consumed
- Loud, obnoxious behavior
- Unsteady on their feet
- Mumbled speech
- Trouble handling money
- Trouble lighting a cigarette
- Red, flushed face
- Bloodshot eyes
- Strong odor of alcohol
- Disheveled clothing
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How do I cut someone off, without making them mad?
Blame it on law enforcement. Tell the person you have been warned by the police not to over-serve patrons. Tell them ALE routinely checks you to see if you are obeying the law and you could lose your ABC permits. Offer them non-alcoholic alternatives, such as soda or coffee.
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If a person is drunk but will not be driving, why can't we continue to serve them alcohol?
Unfortunately driving under the influence isn't the only danger associated with being drunk. Fights, walking into traffic, etc. can often times be a result and tragedy of intoxication.
By law, an employee may not allow a drunk patron to consume alcohol on the premises.
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How old do my employees have to be?
For on-premise locations, you must be at least 18-years-old to serve alcoholic beverages. If mixed beverages are sold, you must be 21-years-old to prepare mixed beverages.
For off-premise locations, a person may sell alcoholic beverages if they are less than 18.
Every place that sells alcohol must have a person at least 18 years of age to manage the business at all times. If the place serves mixed beverages, they need an employee who is at least 21 years of age in charge at all times.
Click here for statute details.
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Can employees drink after the business closes?
An employee must be out of uniform and not perform ANY functions for the remainder of the night. This includes answering the phone, locking the doors etc. It also cannot be after 2:30 a.m.
Click here for statute details.
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What are serving and selling practices that reduce the likelihood for illegal sales?
Recommendations for stores:
- Develop clear and concise alcohol policies.
- Consistently enforce these policies.
- Train employees and frequently refresh them on store policies.
- Notify local law enforcement of attempts of underage persons to purchase alcohol
- Recognize and reward employees for responsible alcohol service
- Display in-store signage (for customers and employees) about your commitment to being a responsible seller/server. (Available for free here.)
- Establish limited lanes for alcohol sales
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