Bill Summaries: H781 (2021)

  • Summary date: May 3 2021 - View summary

    Enacts GS 153A-145.9, concerning counties, and GS 160A-205.4, concerning cities, authorizing the adoption of an ordinance designating a social district for use in accordance with new GS 18B-904.1, as enacted.

    Enacts GS 18B-90, establishing requirements for city or county designated social districts, defined as a defined outdoor area in which a person can consumer alcoholic beverages sold by a permittee, which is defined as an establishment holding an on-premises malt beverage, unfortified wine, or fortified wine permit, a mixed beverages permit, or a distillery permit. Requirements for social districts include specified signage, city or county management and maintenance plans, and the submission of a detailed map of the social district's boundaries and hours to the ABC Commission. Establishes requirements for the sale of alcoholic beverages by a permittee located in or contiguous to a social district, including limiting sales to its licensed premises, meeting container specifications, and prohibiting entry or reentry on its licensed premises with an alcoholic beverage not sold by the permittee. Establishes requirements for the possession and consumption of an alcoholic beverage in a social district including limiting possession and consumption to the days and hours set by the respective city or county ordinance designating the social district, limiting consumption to one alcoholic beverage at a time, and disposal of any alcoholic beverage prior to exiting the social district unless reentering the licensed premises where the beverage was purchases. Authorizes the ABC Commission to adopt rules imposing additional requirements. 

    Part II.

    Enacts GS 153A-145.10, concerning counties, and GS 160A-205.5, concerning cities, authorizing counties and cities to adopt an ordinance authorizing permittees holding an ABC permit under Articles 10 or 11 of GS Chapter 18B (governing retail and commercial activity) to use an area that is not part of the permittee's licensed premises for the outdoor possession and consumption of alcoholic beverages sold by the permittee. 

    Amends GS 18B-904, enacting new subsection (h) to allow a permittee holding a permit issued under Article 10 or 11 that permits the on-premises consumption of alcoholic beverages to use an area not part of the licensed premises for the outdoor possession and consumption of alcoholic beverages sold by the permittee. Establishes 8 requirements and restrictions for the extension area, including that (1) the city or county in which the licensed premises is located has adopted an ordinance authorizing permittees to expand their licensed premises, (2) the permittee has obtained written permission for the expansion from the owner of the property to which the premises will be extended if not owned by the permittee, (3) the permittee has provided written notification and the written permission of the property owner (if applicable) to the district office of the ALE Division, and local law enforcement agency with jurisdiction over the licensed premises, (4) the permittee has marked off the extended area in an easily distinguishable way, and (5) the extended area is restricted to increasing social distancing and not increasing occupancy. 

    Part III.

    Amends GS 18B-502 to specify that the "licensed premises for which an ABC permit has been issued" that ALE agents, ABC Commission employees, local ABC officers, and officers of local law-enforcement agencies contracted to provide ABC enforcement are granted authority to investigate the operation of, includes a social district and an extended area, as authorized by this act. 

    Part IV.

    Directs the ABC Commission to adopt new rules or amend rules consistent with the act. 

    Provides a savings clause for prosecutions for offenses committed before the date the act becomes law.