Bill Summary for H 1082 (2019-2020)

Summary date: 

Jun 16 2020

Bill Information:

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.

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Bill summary

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.

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