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View NCGA Bill Details2023-2024 Session
Senate Bill 489 (Public) Filed Monday, April 3, 2023
Intro. by Moffitt, Johnson.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 4 2023)

Bill History:

S 489

Bill Summaries:

  • Summary date: Apr 3 2023 - View Summary

    Amends GS 18B-903(c), pertaining to a change of ownership of ABC permits as follows. Provides that any person who through contract, lease, management agreement, or change of ownership or transfer of business becomes lawfully entitled to use and control the premises of an establishment that holds an ABC permit immediately prior to the change of ownership may continue to operate the establishment to the same extent as the predecessor permit, including purchasing malt beverages, unfortified wine, or fortified wine to be resold for on-premises or off-premises consumption, or spirituous liquor for use in mixed beverage sold by the establishment as applicable under the permit. (Currently, no language about purchasing malt liquor and other beverages for resale.) Adds hold harmless language stating that the prior permittee is not liable for any acts or omissions of the non-permitting person operating the establishment. Specifies that if the license is suspended or revoked based on the acts of the non-permitting person operating the establishment, that the prior permittee is not precluded from receiving an ABC permit for a different establishment.  

    Amends definition of bar under GS 18B-1000(1) to remove language excluding breweries, wineries or distilleries from the definition. Changes the term “Private Bar” to “Bar” in GS 18B-1001 (listing kinds of ABC permits and eligible places). Specifies that any establishment that possessed permits from the ABC Commission as a private bar as of July 7, 2022, and that meets the definition of a bar in GS 18B-1000, as amended, may renew any permits it possessed on July 7, 2022, for as long as the establishment remains in operation and makes it exempt from the regulation of food and licensing facilities provisions set forth in Part 6 of Article 8 of GS Chapter 130A. Effective retroactive to July 7, 2022.