ABC ADMIN. PENALTIES/ALCOHOL CONSUMABLES. (NEW)

View NCGA Bill Details2019-2020 Session
House Bill 1082 (Public) Filed Thursday, May 14, 2020
AN ACT DIRECTING THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO (I) CREATE A POLICY THAT ESTABLISHES A RATIONALE FOR ADMINISTRATIVE PENALTIES AND IMPROVES TRANSPARENCY FOR PERMITTEES AND (II) INCLUDE EFFECTIVENESS CRITERIA ON ITS WEB SITE TO EVALUATE THE EFFECTIVENESS OF ADMINISTRATIVE PENALTIES AT REDUCING THE NUMBER OF REPEAT OFFENDERS, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE, AND TO REGULATE ALCOHOL IN MANUFACTURED FOOD PRODUCTS SUCH AS ICE CREAM, ICE POPS, AND GELATIN.
Intro. by Hurley, Lucas.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Jun 17 2020)

SOG comments (2):

Long title change

House committee substitute to the 1st edition changed the long title. Original title was AN ACT DIRECTING THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO (I) CREATE A POLICY THAT ESTABLISHES A RATIONALE FOR ADMINISTRATIVE PENALTIES AND IMPROVES TRANSPARENCY FOR PERMITTEES, (II) STUDY AND REPORT ON THE FEASIBILITY OF IMPLEMENTING A THROUGHPUT-BASED OR SALES-BASED PENALTY STRUCTURE FOR DETERMINING MONETARY PENALTIES FOR ADMINISTRATIVE VIOLATIONS, AND (III) INCLUDE EFFECTIVENESS CRITERIA ON ITS WEB SITE TO EVALUATE THE EFFECTIVENESS OF ADMINISTRATIVE PENALTIES AT REDUCING THE NUMBER OF REPEAT OFFENDERS, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.

Long title change

House committee substitute to the 2nd edition changed the long title.  Previous title was AN ACT DIRECTING THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO (I) CREATE A POLICY THAT ESTABLISHES A RATIONALE FOR ADMINISTRATIVE PENALTIES AND IMPROVES TRANSPARENCY FOR PERMITTEES AND (II) INCLUDE EFFECTIVENESS CRITERIA ON ITS WEB SITE TO EVALUATE THE EFFECTIVENESS OF ADMINISTRATIVE PENALTIES AT REDUCING THE NUMBER OF REPEAT OFFENDERS, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.

H 1082

Bill Summaries:

  • Summary date: Jun 16 2020 - More information

    House committee substitute to the 2nd edition makes the following changes.

    Clarifies that the Alcoholic Beverage Control Commission (ABC Commission)'s reporting on alleged ABC law violations is due no later than 30 days after this act becomes law for the 2019-2020 fiscal year. 

    Adds the following provisions. Amends GS 18B-101 to include alcohol consumables under the definition of alcoholic beverage. Defines alcohol consumable as any manufactured and packaged ice cream, ice pop or gelatin-based food product containing at least 0.5% alcohol by volume. Further amends GS 18B-101, modifying the definitions of fortified wine, malt beverage, spirituous liquor or liquor, and unfortified wine to include any alcohol consumables. Applies to offenses committed on or after December 1, 2020.

    Amends GS 18B-206 to more generally allow the ABC Commission to set standards and adopt rules for alcoholic beverages (was, specifically for malt beverages, unfortified wine, fortified wine, and spirituous liquor). Makes conforming changes. Effective December 1, 2020.

    Amends GS 18B-804 concerning setting the sale price of spirituous liquor by adding (1) a charge of one cent, for non-bottled products, on each stock keeping unit containing no more than 50 milliliters and five cents on each stock keeping unit containing more than 50 milliliters; and (2) an additional charge for local boards, for non-bottled products, of one cent on each stock keeping unit containing no more than 50 milliliters and five cents on each stock keeping unit containing more than 50 milliliters. Makes conforming changes by no longer referring to those impacted charges as bottle charges. Amends GS 18B-805 by making conforming changes to the provisions concerning a local board's distribution of revenue, to refer to charges instead of bottle charges. Applies to spirituous liquor sold on or after December 1, 2020.

    Makes conforming changes to the act's titles.


  • Summary date: Jun 4 2020 - More information

    House committee substitute to the 1st edition makes the following changes.

    Requires that for the 2020 reporting requirement, the Alcoholic Beverage Control Commission (ABC Commission) post the information required by GS 18B-104(g), regarding alleged ABC law violations, no later than 30 days after this act becomes law (was, by July 1 under the statute).

    Deletes the requirement for the ABC Commission to study the feasibility of setting the amount of Commission-assessed fines for ABC law violations based on the value of alcohol sales made by the permittee or the volume of alcohol sold by the permittee. Makes conforming changes to the act's long title.


  • Summary date: May 14 2020 - More information

    Amends GS 18B-104 to require the Alcoholic Beverage Control Commission (ABC Commission) to develop a written policy regarding actions the ABC Commission may take against permittees for ABC law violations. Requires the policy to detail (1) the guidelines followed by the ABC Commission in determining which authorized action to take against a permittee for a first or repeat violation, (2) when it is appropriate to deviate from the guidelines, (3) the justification for differences in the severity of actions taken for similar violations, and (4) the justification for dismissing an alleged violation case. Requires the policy to be posted on the ABC Commission’s website and requires 30 days’ notice to be posted on the website prior to policy revision. Additionally, establishes a new reporting requirement mandating that the ABC Commission annually posts specified information regarding alleged ABC law violations on its website.

    Requires the ABC Commission to post the policy now required under GS 18B-104, as amended, by October 1, 2020.

    Directs the ABC Commission to study the feasibility of setting the amount of Commission-assessed fines for ABC law violations based on the value of alcohol sales made by the permittee or the volume of alcohol sold by the permittee. Details required components of the study, including any necessary legislative changes necessary to implement either approach. Requires the ABC Commission to submit the report to the specified NCGA Committee by December 1, 2020.


Printer-friendly: Click to view