NORTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION Location: 400 EAST TRYON ROAD RALEIGH NC 27610 (919) 779-0700 abc.nc.gov MAIL TO ADDRESS ON BACK OF FORM HOW TO APPLY FOR AN ABC RETAIL PERMIT I. INSTRUCTIONS A. B. C. D. E. F. G. H. I. J. Complete this application in its entirety. It must be signed and notarized. The correct fee(s) must accompany the application. Payment must be by a certified check, cashier’s check or money order and made payable to the North Carolina ABC Commission. Include one (1) completed fingerprint card for each person participating in the business who is required to submit an application. A required fingerprint-processing fee of $38.00 per person may be added with the permit fee in a single check. Include a copy of the lease or rental agreement, or a copy of the registered deed, specifying the applicant(s) as lessee/owner. This document must include the address or property description of the business. The lease/rental agreement must include the effective beginning date and term of the agreement. Submit a completed Local Government Opinion Form (Form 001) signed by the appropriate official. Submit a completed Inspection/Zoning Compliance Form (Form 002) signed by the appropriate officials. Submit a completed Proof of Alcohol Seller/Server Training Form. Include appropriate Recycling Form (on premise malt beverage, fortified wine, unfortified wine and mixed beverage applicants only.) Include a detailed diagram of the premises – (Mixed Beverage applicants only.) The following additional documents are required for: 1. RESTAURANTS AND HOTELS applying for on premise fortified wine, brownbagging restaurant and/or mixed beverages. a. A copy of the food menu. b. The price list of common or popular mixed beverages. c. Photographs that show the following: (l) The front exterior of the premises. (2) All the dining areas, including patios and outdoor areas, where alcoholic beverages may be sold or consumed. (3) The bars, counters and mixing stations. (4) The storage area(s) for alcoholic beverages. (5) The entire kitchen with all equipment. 2. EATING ESTABLISHMENTS applying for an on premise unfortified wine permit must submit a copy of the food menu. 3. II. PRIVATE CLUBS a. A copy of the membership card or certificate. b. A copy of the membership application form. c. A copy of the written policy on granting full and limited memberships. d. A copy of the written policy on use of facilities by guests. e. A copy of the charter, constitution and by-laws, if any. WHO MUST FILE A. Individual Ownership – The individual owner of the business is required to file an application. B. General Partnership Ownership – Each partner is required to file a separate application. American LegalNet, Inc. www.FormsWorkFlow.com C1. Corporation Not Holding A Permit In This State – Each 25% or more stockholder, and each officer (President, Vice President, Secretary and Treasurer) must file separate applications. (NOTE: Articles of Incorporation must be submitted, which includes documentation to support ownership as outlined above.) C2. Corporation Currently Holding A Permit In This State And Applying At An Additional Location – Only an officer or manager is required to file an application. D1. Limited Liability Company (LLC) Not Holding A Permit In This State – If member managed, all members owning a 25% or greater interest must file; or, if no one owns a 25% interest, the managing members must file. If manager managed, the person or persons acting as manager(s) on behalf of the LLC must file, in addition to any member who owns a 25% or greater interest in the company. (NOTE: Articles of Organization must be submitted, which includes documentation to support ownership as outlined above, and if manager managed, must also submit copy of Operating Agreement.) D2. Limited Liability Company (LLC) Currently Holding A Permit In This State And Applying For A Permit At An Additional Location – Only an officer or site manager is required to file an application. E. Limited Partnership – The general partner(s) is required to file. F. In addition: Corporations, LLC’s And Limited Partnerships – 1. When applying for permits allowing on premise consumption, a NC resident must file as manager/site manager. 2. Indicate name and address of registered agent and office. (Section H on the application.) G. Non-Residents (Individual or Partnership) – Each non-resident individual or partnership shall file as required above. In addition, a resident manager shall be appointed by the non-resident applicant as attorney-in-fact for the business. This manager shall also complete the required application. A certified copy of an executed power-of-attorney, which shall be registered in the county where the proposed licensed premises is located, shall be submitted with the application. III. PERMIT RENEWAL All Mixed Beverage, all Brownbagging, Special Occasion, Brew on Premises, Wine Shipper Packager, Wine Shop, Wine Tasting, Winemaking on Premises, and Malt Beverage Tasting permits expire on April 30 of each year. Paying the renewal fee by April 30 may renew permits. Notices are mailed to permittees during the month of February. The permittee is responsible for renewing the permit, and failure to receive a notice is not justification for being allowed to retain the permit beyond April 30. Permits not renewed by April 30 will be cancelled. After April 30, should new permits be desired, a new application must be submitted and the full fee paid. Application and renewal fees are not prorated. IV. PERMIT REGISTRATION/INSPECTION FEE All on and off premise malt beverage, fortified wine, and unfortified wine permittees must pay an annual Registration/Inspection Fee by May 1. Notices are mailed to permittees during the month of February. Registration fees are not prorated. American LegalNet, Inc. www.FormsWorkFlow.com V. PERMIT FEES All application fees must be submitted by a certified check, cashier’s check or money order, and made payable to the North Carolina ABC Commission. All fees are deposited with the State Treasurer, and no provisions are made for refunds whether the application is approved, rejected or withdrawn. TYPES OF PERMITS 1. Malt Beverage (Beer) 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. * ** Fortified Wine Unfortified Wine Mixed Beverage Restaurant Mixed Beverage Hotel Mixed Beverage Private Club Mixed Beverage Convention Center Mixed Beverage Community Theater Mixed Beverage Sports Club Mixed Beverage Non-Profit Organization Mixed Beverage Political Organization Mixed Beverage Catering Mixed Beverage Guest Room Cabinet Mixed Beverage Residential Private Club Mixed Beverage Tourism ABC Establishment Mixed Beverage Tourism Resort Mixed Beverage Tour Boat Brownbagging Restaurant (Small) seating capacity 36-49 Brownbagging Restaurant (Large) seating capacity 50 or more seats Brownbagging Private Club Brownbagging Community Theater Brownbagging Veterans Organization Special Occasion Brew on Premises Culinary Ship Chandler Wine Shipper Packager Wine Shop Wine Tasting Winemaking on Premises Malt Beverage Tasting FEE REQUIRED $400.00** $400.00** $400.00** $1000.00* $1000.00* $1000.00* $1000.00* $1000.00* $1000.00* $1000.00* $1000.00* $200.00* $1000.00* $1000.00* $1000.00* $1000.00* $1000.00* $200.00* $400.00* $400.00* $400.00* $400.00* $400.00* $400.00* $200.00 $0 $100.00* $100.00* $100.00* $400.00* $100.00* DENOTES ANNUAL RENEWAL FEE REQUIRED ON OR BEFORE APRIL 30 OF EACH YEAR. DENOTES ANNUAL REGISTRATION/INSPECTION FEE REQUIRED ON OR BEFORE MAY 1 OF EACH YEAR. KEEP COPIES OF ALL DOCUMENTS SUBMITTED WHEN APPLYING FOR AN ABC PERMIT AT BUSINESS LOCATION. THE ALCOHOL LAW ENFORCEMENT (ALE) AGENT WILL REVIEW THESE DOCUMENTS WHEN CONDUCTING THE APPLICATION INVESTIGATION. Permit applicants visiting the ABC Commission must arrive by 3:00 PM to be seen by a permit specialist. Payment is accepted by credit card (MasterCard/Visa) if applying in person at the Commission American LegalNet, Inc. www.FormsWorkFlow.com NORTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION APPLICATION FOR ABC RETAIL PERMIT Temporary Permit(s) Malt Beverage Fortified Wine Unfortified Wine Mixed Beverage Other Date Issued Exp. Date Application # Approved Rejected By Date Amount Fee Paid Date Received by (Do Not Write Above This Line) County If business is located inside city limits, indicate city (in which business is located) I hereby make application to the North Carolina Alcoholic Beverage Control Commission for the following permit(s)Check appropriate block(s) Malt Beverage (Beer) On Premise Malt Beverage (Beer) Off Premise Fortified Wine On Premise Fortified Wine Off Premise Unfortified Wine On Premise Unfortified Wine Off Premise Malt Beverage (Beer) On Premise Only (Tour Boat) Fortified Wine On Premise Only (Tour Boat) Unfortified Wine On Premise Only (Tour Boat) Mixed Beverage Restaurant Mixed Beverage Sports Club Mixed Beverage Residential Private Club Mixed Beverage Hotel Mixed Beverage Non-Profit Organization Mixed Beverage Tourism ABC Establishment Mixed Beverage Private Club Mixed Beverage Political Organization Mixed Beverage Tourism Resort Mixed Beverage Convention Center Mixed Beverage Catering Mixed Beverage Tour Boat Mixed Beverage Community Theater Mixed Beverage Guest Room Cabinet Brownbagging Restaurant (Small) 36-49 seating capacity Brownbagging Community Theater Brownbagging Veterans Organization Ship Chandler Wine Shipper Packager Brownbagging Restaurant (Large) 50 or more seating capacity Special Occasion Brew on Premises Wine Shop Wine Tasting Culinary Winemaking on Premises Brownbagging Private Club TYPE OF OWNERSHIP (Check One): Malt Beverage Tasting - (complete section A, B and F below) General Partnership - (complete section A, B and F, below) Individual Corporation (complete section A, B, C, F and H below) Limited Liability Company - (complete section A, B, D, F and H, below) Limited Partnership - (complete section A, B, E, F, and H, below) Nonresident Individual or Partnership (complete section A, B, F, and G, below) Section A Trade Name of Business Location Address of Business City State Zip Code City Street Address State Zip Code Mailing Address of Business Street/PO Box Section B Applicant's Full Name First (no abbreviations) Date of Birth ___________________ Middle Social Security # ___________ Last Business Location Telephone # Last Four Only Section C If Incorporated, Corporate Name If Incorporated, position in Corporation: President Vice President Manager Stockholder - % of Stock Secretary Treasurer (25% or more) If 25% or more stockholder is another business entity, name of entity: Applicant's position in business entity: Section D If LLC, Company Name Form of Management Member-Managed Manager-Managed Interest Holder - % of Interest _____________ Site Manager Site Manager Only (25% or more) If 25% or more interest is another business entity, name of entity _____________________________________________________ Applicant's position in business entity: American LegalNet, Inc. www.FormsWorkFlow.com Section E If Limited Partnership, Limited Partnership Name General Partner Name President Vice President Manager If General Partner is a Corporation, position in Corporation: Stockholder - % of Stock Secretary Treasurer Section F Resident Address Street Address Home Telephone # ( City ) Daytime Telephone # ( State Business Fax # ( ) Cell Phone # ( Zip Code ) ) e-mail address Section G Nonresident Individual or Partnership Attorney-In-Fact Mailing Address Street/PO Box City State Zip Code Street Address City State Zip Code Location Address Section H Corporations, LLC's, and Limited Partnerships Registered Agent Registered Agent Mailing Address Street/PO Box City State Zip Code Street Address City State Zip Code Registered Agent Location Address It is a Crime to make a false statement to obtain an ABC Permit I CERTIFY UNDER OATH OR AFFIRMATION THAT: - - - The information on this application is correct to the best of my knowledge. I am not less than 21 years of age (except for a manager of a business selling only malt beverages and unfortified wine, or a manager of an establishment operated by a corporation holding off premise permits for malt beverage and unfortified wine, in which case I certify that I am not less than 19 years of age. I have not been convicted of a misdemeanor controlled substance offense nor an alcoholic beverage offense within the past two years. I have not been convicted of a felony within the past three years, and if convicted of a felony before then, I have had my citizenship restored. NOTE: Conviction is defined as "A person who has been "convicted" and found guilty, or has entered a plea of guilty or nolo contendere, and for which a judgment has been entered." I have had no alcoholic beverage permit revoked within three years. I am a resident of the state of North Carolina (except for an officer or stockholder/interest holder of a corporate/LLC applicant not responsible for the day to day operation of the business, or an applicant that has executed a power of attorney in accordance with G.S. 18B-900(a)(2)(b). I am an owner, lessee, or manager/site manager of the premises to be covered by the ABC permit(s). I have no financial interest in any alcoholic beverage manufacturing, bottling or wholesale distribution business, except as authorized for North Carolina wineries and breweries under article 11 of Chapter 18B of the North Carolina General Statutes. Date Signature of Individual Filing Application Sworn to and subscribed before me this the Day Month Year My commission expires Notary or other person qualified by law to administer oaths If sending by U.S. Postal Service (regular mail): MAIL THIS APPLICATION TO: NC ABC COMMISSION ATTN: PERMIT & PRODUCT COMPLIANCE 4307 MAIL SERVICE CENTER RALEIGH NC 27699-4307 NC ABC-004 If sending by U.S. Postal Service EXPRESS MAIL or by FEDEX/UPS: NC ABC COMMISSION ATTN: PERMIT & PRODUCT COMPLIANCE 400 EAST TRYON ROAD RALEIGH NC 27610 Application for Retail Permit Rev 11/2010 American LegalNet, Inc. www.FormsWorkFlow.com