ABC ADMINISTRATIVE PENALTIES/PED STUDY.

View NCGA Bill Details2021
House Bill 65 (Public) Filed Tuesday, February 9, 2021
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 WEBSITE TO EVALUATE THE EFFECTIVENESS OF ADMINISTRATIVE PENALTIES AT REDUCING THE NUMBER OF REPEAT OFFENDERS, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.
Intro. by Hurley, Lucas.

Status: Ref to the Com on Alcoholic Beverage Control, if favorable, Rules, Calendar, and Operations of the House (House action) (Feb 11 2021)
H 65

Bill Summaries:

  • Summary date: Feb 10 2021 - 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, 2021.

    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, 2021.


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