National Food Stores v. North Carolina Board of Alcoholic Control

There is not a scintilla of evidence in the record before us that petitioner “did fail to give their retail licensed premises proper supervision on February 2, 1966, by allowing the sale of beer to a minor in violation of G.S. 18-78,” as concluded by the hearing officer, and as approved by respondent in its order. Surely, a sale of beer on one occasion to a minor under the circumstances here is not a failure to give the licensed premises proper supervision.

We have two statutes prohibiting the sale of beer to a minor under 18 years of age.

G.S. 18-90.1 provides in relevant part: “It shall be…