Bill Summary for H 890 (2021)

Summary date: 

May 10 2021

Bill Information:

View NCGA Bill Details2021
House Bill 890 (Public) Filed Tuesday, May 4, 2021
Intro. by Moffitt, Boles, Willingham, Saine.

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Bill summary

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

Part I.

Revises new subsection (a3) of GS 18B-800 to now authorize ABC stores to accept online orders and payments for alcoholic beverages sold in its store so long as the person picking up the order is legally entitled to purchase alcoholic beverages (was so long as the person picking up the order is 21).

Adds the following content to Part IV (previously reserved). Enacts new subsection (c) to GS 105-113.71 authorizing the Town of Cary to decline requiring a person who receives an ABC permit to obtain the corresponding local license from the municipality engaged in the activity authorized by the permit. Makes conforming and clarifying changes. Makes conforming changes and clarifying changes to GS 105-113.70. Makes conforming and clarifying changes to GS 105-113.77 to specify that the taxes set forth for corresponding city ABC licenses do not apply where cities decline to require a license pursuant to new GS 105-113.71(c).

Part V.

Revises new Article 62B to GS Chapter 18B as follows. No longer statutorily creates the NC Spirituous Liquor Council of the Department of Agriculture and Consumer Services. Instead, directs the Commissioner of Agriculture to appoint a North Carolina Spirituous Liquor Advisory Council, consisting of individuals who have education or experience in the spirituous liquor industry or in the field of tourism. Now sets forth Council membership to include members of the spirituous liquor industry, at least one representative of the NC Restaurant and Lodging Association, and at least one representative of the ABC Commission, and any other person selected by the Commissioner. Maintains that Council members are to receive no compensation or reimbursement for service. Makes conforming deletions of previous provisions regarding membership, terms, meetings, and staffing. Revises and eliminates Council powers and duties as follows. Now includes the duty to increase (was, achieve) public awareness of the quality of NC spirituous liquor, and eliminates the power or duty to: (1) receive and disburse funds; (2) enter into contracts for the purpose of developing new or improved markets or marketing methods for spirituous liquor products; (3) contract for research services to improve farming practices related to the growing of ingredients necessary for alcohol distillation in North Carolina; (4) enter into contracts with commercial entities for the purpose of developing marketing, advertising, and other promotional programs designed to promote the orderly growth of the North Carolina spirituous liquor industry; (5) acquire any licenses or permits necessary for performance of the duties of the Council; and (6) annually report to specified NCGA committee chairs and division. Now requires the Commissioner to make initial appointment to the Council by September 1, 2021. Deletes the previous provisions regarding initial appointments. 

Part VI.

Revises the proposed changes to GS 18B-1105(a)(5) to more specifically authorize a distillery permittee to sell only spirituous liquor distilled or produced at the distillery (was to sell its spirituous liquor), in addition to conducting consumer tastings, pursuant to GS 18B-1114.7, as amended.

Part VII.

Makes technical changes to the effective date provisions of Part VII, regarding the implementation and required amendment of the Growler Rule (14B NCAC 15C .0307).

Part IX.

Eliminates the proposed changes to GS 18B-1105(a)(2) and instead maintains existing law, which authorizes distillery permittees to sell spirituous liquor distilled or produced at the distillery in closed containers to visitors who tour the distillery for consumption off the premises. Adds new language to require length, content, and other parameters of the tour to be at the discretion of the distillery. Further adds that the distillery cannot be required to maintain records related to tours. 

Part XI.

Makes technical corrections to Section 11.1, which amends GS 18B-1105(a)(2) regarding distillery permittees, to provide for existing law. Makes technical corrections to the lead-in language.

Makes technical changes to the effective date provision for the proposed changes to GS 1105(a)(5) set forth in Section 11.2 to refer to consumer tastings rather than events held by distillery permittees.

Part XII.

Makes technical changes to the effective date provisions of Section 12.1, regarding the implementation and required amendment of the Identification Rule (14B NCAC 15B .0224).

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