ABC LAW/EASTERN BAND OF CHEROKEE INDIANS.

View NCGA Bill Details2011-2012 Session
Senate Bill 324 (Public) Filed Thursday, March 10, 2011
TO AUTHORIZE THE EASTERN BAND OF CHEROKEE INDIANS, A FEDERALLY RECOGNIZED INDIAN TRIBE AND SOVEREIGN NATION, TO RECEIVE SHIPMENTS OF SPIRITUOUS LIQUOR AND FORTIFIED WINES FROM THE NORTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TO AUTHORIZE THE EASTERN BAND OF CHEROKEE INDIANS TO ESTABLISH A TRIBAL ALCOHOLIC BEVERAGE CONTROL COMMISSION TO REGULATE THE PURCHASE, POSSESSION, CONSUMPTION, SALE, AND DELIVERY OF ALCOHOLIC BEVERAGES AT RETAIL.
Intro. by Apodaca, Davis.

Status: Ch. SL 2011-333 (Senate Action) (Jun 27 2011)
S 324/S.L. 2011-333

Bill Summaries:

  • Summary date: Jun 30 2011 - More information

    AN ACT TO AUTHORIZE THE EASTERN BAND OF CHEROKEE INDIANS, A FEDERALLY RECOGNIZED INDIAN TRIBE AND SOVEREIGN NATION, TO RECEIVE SHIPMENTS OF SPIRITUOUS LIQUOR FROM THE NORTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION; TO AUTHORIZE THE EASTERN BAND OF CHEROKEE INDIANS TO ESTABLISH A TRIBAL ALCOHOLIC BEVERAGE CONTROL COMMISSION TO REGULATE THE PURCHASE, POSSESSION, CONSUMPTION, SALE, AND DELIVERY OF ALCOHOLIC BEVERAGES AT RETAIL; AND TO AUTHORIZE THE LIMITED TRANSFER OF WINE BY ON-PREMISES WINE PERMITTEES UNDER COMMON OWNERSHIP OR CONTROL. Summarized in Daily Bulletin 3/10/11, 6/7/11, and 6/15/11. Enacted June 27, 2011. Effective June 27, 2011.


  • Summary date: Jun 15 2011 - More information

    House committee substitute makes the following changes to 2nd edition. Adds new sections amending GS 18B-1001(3) and (5) to authorize the transfer of fortified and unfortified wine between on-premises wine permittees who are under common ownership and control. Transfers between on-premises permitees can only occur up to 4 times per calendar year. Transfers of a particular brand of wine can only occur if both permitees are within the wholesaler’s designated territory, and the transferor must notify the wholesaler of the transfer. Transfers between retail wine permitees for the purpose of resale are prohibited. Amends the bill title accordingly.


  • Summary date: Jun 7 2011 - More information

    Senate committee substitute makes the following changes to 1st edition.
    Amends GS 18B-109(b), to also prohibit any person from shipping from a point outside North Carolina malt beverages or unfortified wine to the Eastern Band of Cherokee Indians for resale on Indian Country lands within the state under the jurisdiction of the Eastern Band of Cherokee Indians.
    Rewrites proposed GS 18B-112 as follows. Makes the Eastern Band of Cherokee Indians exempt from the provisions of GS Chapter 18B, except for the provisions made applicable by the statute. Directs the Eastern Band of Cherokees to adopt the applicable provisions of GS Chapter 18B by ordinance; the ordinance must be approved by the Secretary of the US Department of the Interior and published in the Federal Register. Requires the Eastern Band of Cherokees to hold tribal elections to authorize the activity upon which the vote was held. Specifies the powers and authorities of the tribal alcoholic beverage control commission, and requires compliance with listed provisions of GS Chapter 18B. States that any provision that has not been made applicable by this statute acts as a bar to engaging in the activity authorized by that provision. Prohibits the sale of alcoholic beverages on Indian Country lands under the jurisdiction of the Eastern Band of Cherokees that have not been approved for sale by the NC Alcoholic Beverage Control Commission (ABC Commission). Authorizes the establishment of a tribal alcoholic beverage control commission to regulate alcoholic beverages at retail on land designated Indian Country under jurisdiction of the Eastern Band of Cherokees. Details the authority of the commission, and directs the commission to adopt the rules of the ABC Commission regulating retail outlet activity. Authorizes the ABC Commission to enter into agreements with the tribal commission, and requires the tribal commission to purchase spirituous liquor for resale exclusively from the ABC Commission at the same price and on the same basis that such spirits are purchased by local boards. States that the ABC Commission prevails if there is a conflict between the tribal commission’s authority and the ABC Commission’s authority. Forbids the tribal commission from discriminating against non-Indians in the application of tribal ABC law. Sets out the procedure for the resolution of contested cases. Clarifies that the ABC Commission may terminate and prohibit future delivery of alcoholic beverages if the Eastern Band of Cherokees fails to comply with specified laws. Makes a conforming change to the bill title.


  • Summary date: Mar 10 2011 - More information

    Enacts new GS 18B-112, authorizing the Eastern Band of Cherokee Indians to establish a tribal alcoholic beverage control commission to regulate alcoholic beverages on any land designated as Indian Country, as indicated, under the jurisdiction of the Eastern Band of Cherokee Indians. Requires adoption of and compliance with GS Chapter 18B (regulation of alcoholic beverages). Authorizes the North Carolina Alcoholic Beverage Control Commission (ABC Commission) to enter into agreements with the tribal commission. Sets forth additional details related to the tribal commission, failure to comply with state law, and providing that federal law controls in the case of conflict of laws.
    Makes a conforming change to GS 18B-203(a)(17) (powers and duties of the ABC Commission).


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