Florence

NC Sheriffs’ Association says Cooper’s order allowing to-go, delivery cocktails is against state law – Florence, South Carolina

Florence, South Carolina 2020-12-23 17:35:57 –

Raleigh, NC (WNCN) — Under Executive Order 183In North Carolina, you can now order takeaway or delivery cocktails at your favorite facility.

Governor Roy Cooper signed the order on Monday, approving the North Carolina ABC Commission to allow the delivery or removal of mixed beverages instead of on-site consumption. According to the Governor’s Office, the order will come into effect until January 31, 2021.

However, the North Carolina Sheriffs Association said in a notice to all state sheriffs that this violated state law.

North Carolina General Law §18 B-203 Explain the legal powers and obligations of ABC
Fee.

The Sheriffs Association states that Cooper or the chairman of the ABC Commission is unaware and has not found legal authority to allow state law to be revoked.

“These powers and obligations vary, but they do not include the following powers:
Suspend or rewrite state law or other criminal law violations imposed by North Korea
The Carolina General Assembly, “the association said in a notice.

Executive Order 183 Approve one sealed drink per person per order. You don’t have to order food to order drinks.

However, on-site alcohol sales must be stopped at 9 pm before the 10 pm curfew.

The Executive Order also allows mixed beverage permit holders to provide delivery services, allowing mixed alcoholic beverages in sealed containers to be delivered to “buyer’s location” off-site.

Current state law does not allow the sale of mixed alcoholic beverages for take-out or delivery to customers, even if the beverages are sold and transported off-site in sealed containers.

by North Carolina General Law §18 B-401It is a Class 3 misdemeanor to transport spiritual liquor in the passenger seat area of ​​a car in a container other than the manufacturer’s original unopened container.

Current state law also makes it illegal to transport mixed alcoholic beverages in the passenger area of ​​a car, even if bars and restaurants mix alcoholic beverages and seal them in shipping containers.

“At the time of writing this notice, the chairman of the ABC Committee
Official action or an indication that the ABC facility is allowed to sell for take-out
Deliver mixed alcoholic beverages in sealed containers as described in Executive Order No. 183. Executive Order No. 183 indicates that if such action is taken, it will be published in a public document on the ABC Commission’s website. “

The association is unaware that the governor approves or directs the suspension of statutory obligations contained in Chapter 18B of General Law and states that it has “not found legal authority.” This includes a ban on the sale of mixed alcoholic beverages for take-out. Offsite consumption.

“Such powers are not specified by the Governor’s Executive Order, and such powers cannot be found in general law. State and local law enforcement officers enforce the provisions contained in the Governor’s Executive Order. Violations can constitute a Class 2 misdemeanor. “

NC Sheriffs’ Association says Cooper’s order allowing to-go, delivery cocktails is against state law Source link NC Sheriffs’ Association says Cooper’s order allowing to-go, delivery cocktails is against state law

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