Bill Summary for H 796 (2011-2012)

Summary date: 

Jun 15 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 796 (Public) Filed Thursday, April 7, 2011
Intro. by Moffitt.

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Bill summary

Senate committee substitute makes the following changes to 1st edition. Deletes all the provisions of the 1st edition and replaces it with AN ACT TO MODIFY PROVISIONS RELATED TO THE SALES OF ALCOHOLIC BEVERAGES.
Amends GS 18B-1004 to modify the hours for the sale and consumption of specified alcoholic beverages at on-premise locations and off-premise locations. Makes it unlawful to sell or consume alcoholic beverages on any premises where on-premise permits are issued for specified alcoholic beverages from the time at which sale or consumption must end on Sunday morning until 11:00 A.M. on that Sunday morning. Provides that it is unlawful for a permit holder having only an off-premise permit allowing the sale of specified alcoholic beverages between the hours of 2:00 A.M. and 5:00 A.M. on Monday through Saturday, and between the hours of 2:00 A.M. and 11:.00 A.M. on Sunday. Deletes provision making it unlawful to sell or consume alcoholic beverages on any licensed premises from the time at which sale or consumption must end on Sunday morning until 12 Noon on that Sunday. Deletes subsection GS 18B-1004(d), which provided a local option allowing a city or a county to adopt more restrictive ordinances regarding the sale of alcoholic beverages during the hours from 12:00 Noon on Sunday until 7:00 A.M. on the following Monday. Makes a conforming change, repealing GS 18B-1006(q).
Amends GS 18B-900(a), adding new subdivision (8) to add an additional requirement that a person have a valid Social Security number or be able to furnish valid documentation issued under the authority of the United States government demonstrating the person's legal presence in the U.S. in order to be eligible to receive and hold an ABC permit.
Amends GS 18B-1002(d) to provide the administrative procedures applicable to a permit issued under the statute.
Effective October 1, 2011, amends GS 18B-603(f) to add the following permits to those which the NC Alcoholic Beverage Control Commission (Commission) may issue without approval at an election: (1) permits authorized by GS 18B-1001(1), (3), (5), and (10) for hotels, convention centers, food markets, or restaurants located on the Centennial Campus, Horace Williams Campus, or any Millennial Campus of a constituent institution of the University of North Carolina and (2) permits authorized by GS 18B-1001(1) and (3) for the sale of beer and wine at performing arts centers located on property owned by or leased by a constituent institution of the University of North Carolina if the seating capacity does not exceed 2,000 seats. Makes conforming changes to GS 18B-1006(a).
Except as otherwise indicated, effective when the act becomes law. Provides that prosecutions for offenses committed before the act's effective date are not abated or affected by this act, and the statutes that would be applicable if not for this act remain applicable to those prosecutions.

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