He said since he was the owner it was OK but for the bartender he had to list her as a manager and pay $300 fee to the ABC people.
ALE is notoriously corrupt in NC. I would consult a lawyer about that fee. Nowhere in either the NC Firearms Statutes OR the ALE rules and regulations is there:
1) a requirement that someone other than the owner who wants to carry must be a "manager",
2) any "permitting fee" for an authorized employee of a private business to carry on-premise, or
3) ANY requirements, regulations, tests, or certifications required to carry on private property if you have the owner's permission as an employee.
So unless the ALE folks conned this bar owner into registering his bartender as a "security guard" (which does have a fee, and all sorts of BS paperwork, but he'd ALSO have to be bonded, licensed and certified, so I doubt that is what happened...) it seems to me that the ALE agents actually robbed your friend of $300, and perhaps need to be reported to the AG for extortion...
But he might want to consult a lawyer first...
He also said that when he spoke to ALE they told him that the firearms could not have a round chambered and must be in some sort of retention holster.
This is simply BS. There are NO laws, regulations, rules, or stipulations to carrying on private property. Nothing about the "condition" you carry the firearm in, nothing about holsters, nothing about licenses, permits or training--if an employee is just a regular employee (NOT a Security Guard) and the owner wants to let them carry, they can. Period, end of discussion.
The only reference to firearms in the ALE rules book are to the prohibition of carry outlines in
NCGS § 14-269.3. No extra rules are added, and no special provisions, requirements, stipulations or fees are mentioned. I used to be a night clerk at a hotel that has a "nightclub" next to the lobby--I had a LOT of long boring nights to read through the ALE manual in the course of a year's employment there.
It is my opinion that your ALE agents are blowing VERY expensive smoke up you're friend's backside.
Consult an attorney--ASAP!!!
BTW, there is no "gray area" with regards to owners and authorized employees carrying (open or concealed) on the private property of a privately owned business. The Statute is pretty clear--it gives a plainly-worded, crystal-clear exemption to the OWNERS an any employees they authorize to carry in certain "prohibited places" like bars, clubs, or venues that charge admission. There is NO gray area. The law is pretty cut-and-dried on this one--and the wording is plain enough that even a TSA employee should be able to understand it...
N.C. Gen. Stat. § 14-269.3
The following are also
included in this exemption:
a. The owner or lessee of the premises or business;
b. A person participating in the event, if he/she is carrying a gun, rifle,
or pistol with the permission of the owner, lessee, person, or
organization sponsoring the event; and
c. A person registered or hired as a security guard by the owner, lessee,
person, or organization sponsoring the event.
