Bill Summary for H 95 (2015-2016)

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Summary date: 

Apr 1 2015

Bill Information:

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.

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Bill summary

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.