AN ACT TO PROHIBIT THE SALE, POSSESSION, OR CONSUMPTION OF POWDERED ALCOHOL AND TO CLARIFY THAT THE ADMINISTRATIVE PROCEDURE ACT APPLIES TO CERTAIN ACTIONS TAKEN BY THE ABC COMMISSION.
Amends GS 18B-101, which defines terms as they are used in GS Chapter 18B, Regulation of Alcoholic Beverages. Adds a definition for powdered alcohol, meaning any powder or crystalline substance capable of being converted into a liquid alcoholic beverage fit for human consumption.
Adds new subsection (a1) to GS 18B-102 to make it unlawful for any person to manufacture, sell, transport, import, deliver, furnish, purchase, consume, or possess powdered alcohol.
Effective May 1, 2015, amends GS 18B-906(a) to clarify that an ABC permit is a license within the meaning of the Administrative Procedure Act (GS 150B-2, Definitions) and an ABC Commission action on issuance, suspension (except supervision due to charging five or more people with specified criminal violations after an undercover operation), or revocation of an ABC permit, other than a temporary permit issued under GS 18B-905, is a contested case subject to the provisions of the APA except for the exceptions provided in GS 18B-906(a), as amended in this act. Amends GS 150B-38(a) to add a new subdivision: (7) The Alcoholic Beverage Control Commission bringing the Commission under Article 3A of GS Chapter 150B, governing other administrative hearings.
Except as otherwise indicated, this act becomes effective when it becomes law.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.