TRIBAL ALCOHOLIC BEVERAGE CONTROL.

View NCGA Bill Details2015-2016 Session
House Bill 95 (Public) Filed Wednesday, February 18, 2015
AN ACT TO AUTHORIZE THE EASTERN BAND OF CHEROKEE INDIANS TRIBAL ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ISSUE WINE SHIPPER PERMITS AND COMMERCIAL ABC PERMITS AND TO CLARIFY THAT THE EASTERN BAND OF CHEROKEE INDIANS TRIBAL ALCOHOLIC BEVERAGE CONTROL COMMISSION MAINTAINS EXCLUSIVE AUTHORITY TO ISSUE CERTAIN PERMITS.
Intro. by West, Hager.

Status: Re-ref to Health Care. If fav, re-ref to Education/Higher Education (Senate Action) (Jun 9 2016)
H 95

Bill Summaries:

  • Summary date: Apr 1 2015 - More information

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

    Amends GS 18B-112, Tribal alcoholic beverage control, adding to the proposed language that authorizes the issuance of permits for commercial activity as specified and found in GS Chapter 18B, Article 11, that such authority is as follows: (1) the tribal alcoholic beverage control commission can issue commercial activity permits to any qualifying applicant that establishes a commercial business wholly on Indian Country Land and retains the sole enforcement authority over such permittee to the extent the conduct occurs on Indian Country lands; (2) the Eastern Band of Cherokee Indians must recognize any permit issued by the NC Alcoholic Beverage Control Commission allowing commercial activity in the same manner as if such permit was issued by the tribal alcoholic beverage control commission, as well as vice versa; and (3) the NC Alcoholic Beverage Control Commission retains exclusive enforcement authority over all permits it issues to commercial activity permittees for violations of its rules or of GS Chapter 18B.

    Amends GS 18B-101(14a), concerning the definition of a Tourism ABC establishment, making technical changes and providing that the authority retained to issue specified permits between Milepost 460 and the southern terminus of the national scenic byway at Milepost 469 is in regards to any restaurant or hotel that is located wholly on Indian Country lands. 


  • Summary date: Feb 18 2015 - More information

    Amends GS 18B-112, Tribal alcoholic beverage control, to provide that the Eastern Band of Cherokee Indians are authorized to issue the specified permits found in GS 18B-603(f) without approval at elections, including, special occasion permits, limited special occasion permits, and certain culinary permits, and in doing so the definitions found in GS 18B-1000 apply. Provides that the Eastern Band of Cherokee Indians are authorized to issue specified wine shipping permits found in GS 18B-1001.1, 1001.2, and 1001.3. Also provides for the issuance of permits for commercial activity as specified and found in GS Chapter 18B, Article 11. Adds language providing that provisions of GS Chapter 18B, Articles 12 and 13 that have not been made applicable to the Eastern Band of Cherokee Indians acts as a bar to engaging in the specified activity by the Eastern Band of Cherokee Indians.

    Amends GS 18B-101(14a), concerning the definition of a Tourism ABC establishment, to provide that the Eastern Band of Cherokee Indian's tribal alcoholic beverage control commission maintains the exclusive authority to issue specified permits between  Milepost 460 and the southern terminus of the national scenic byway at Milepost 469. Makes conforming changes.


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