# Food Town Stores, Inc. v. Board of Alcoholic Control

> Court of Appeals of North Carolina · October 7, 1980 · 49 N.C. App. 149

URL: https://www.frixlaw.com/law-library/cases/8903652

## Case

- **Full name:** FOOD TOWN STORES, INC. v. BOARD OF ALCOHOLIC CONTROL OF THE STATE OF NORTH CAROLINA
- **Court:** Court of Appeals of North Carolina
- **Decided:** October 7, 1980
- **Citations:** 49 N.C. App. 149; 270 S.E.2d 563; 1980 N.C. App. LEXIS 3342
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Arnold
- **Judges:** Arnold, Erwin, Wells
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8903652

## Opinion text

ARNOLD, Judge.
*151 The respondent, in an excellent brief and argument by the Special Deputy Attorney General, points out that there is no dispute that employees of Blue Ridge restocked the shelves in petitioner’s store, and that an agreement may be inferred from the conduct of the parties.
We are constrained, however, to look at the regulation which petitioner is alleged to have violated, Retail Wine Regulation 4 NCAC 2 J .0106(h)(1). That regulation is as follows:
(h) Services and Inducements Prohibited. No retail wine permitee shall require by agreement or otherwise, any wholesaler, importer, manufacturer, winery or bottler to give or loan any money, services, equipment, furniture, fixtures, free wine products, or other things of value with which the business of said retailer is or may be conducted. For the purposes of this Regulation, ‘things of value’ include, but are not limited to:
(1) free services such as installation, repair, and maintenance of equipment, installation, of outdoor signs, stocking and pricing of merchandise, ....
The regulation provides that no permittee “shall require by agreement or otherwise” any wholesaler to give services, money, equipment, furniture, fixtures, free products or other things of value.
A review of the record indicates no evidence which could support a finding that petitioner required that Blue Ridge furnish services or anything of value. As petitioner points out it was not charged with violation of another regulation which prohibits permittees from accepting services from wholesalers.
It is unnecessary to discuss petitioner’s remaining contentions since the judgment of the Superior Court of Wake County is
Reversed.
Judges Erwin and Wells concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8903652. Public record. Not legal advice.