Bill Summary for S 290 (2019-2020)

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Summary date: 

Jun 12 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 290 (Public) Filed Monday, March 18, 2019
AN ACT TO MAKE VARIOUS REVISIONS TO THE ALCOHOLIC BEVERAGE CONTROL LAWS OF THIS STATE.
Intro. by Gunn, Blue, Harrington.

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Bill summary

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

Part I.

Further amends GS 18B-1001 to allow a mixed beverages permit to be issued to a distillery permit holder authorized under GS 18B-1105, as amended.

Part II.

Amends GS 18B-1105 further to explicitly require that a distillery selling mixed beverages containing spirituous liquor other than that produced at the distillery to obtain a mixed beverages permit.

Part III. 

Eliminates the previous provisions of Part III, which further amended GS 18B-1105 to allow a distillery permit holder to sell, deliver, and ship spirituous liquor in closed containers at wholesale to holders of a mixed beverages permit and at wholesale or retail to consumers in other states or nations.

Instead, amends GS 18B-800, requiring ABC stores to allow the purchase of individual liquor bottles not on the ABC Commission’s approved special item list by special order through a process established by rule by the ABC Commission. Further, allows ABC stores to sell in store any bottles it receives in excess of what was purchased by the customer requesting the special order. Requires a local board to fulfill an order by a mixed beverages permittee for individual bottles or cases of spirituous liquor produced by an eligible distillery that are listed a regular code item for sale in the state, and allows for direct shipment from an eligible distillery to the local board to fulfill the order if the local board cannot fulfill the order due to lack of inventory or time, subject to notification and authorization of the ABC Commission. Defines an eligible distillery to be a distillery that sells fewer than 10,000 proof gallons of in-house brand spirituous liquor distilled and manufactured by it at the permit holder's distillery per year, as specified, and that is either the holder of a distillery permit or is a business located outside the state licensed or permitted similarly in the state in which it is located and lawfully sells products in the state. Details the procedure for direct shipments, including the State ABC warehouse consigning the authorized merchandise to the distiller's account in care of the local board. Applies to special orders placed on or after July 1, 2019.

Requires the ABC Commission to develop and implement an online system to facilitate the sale and purchase of spirituous liquor items by and among local ABC boards. Directs the Commission to amend its rules consistent with the provisions. 

Part IV.

Amends GS 18B-1105 to maintain the requirement that visitors tour the distillery in order for distillery permit holders to sell spirituous liquor distilled at the distillery in closed containers for consumption off the premises (previously, eliminated requiring that visitors tour the distillery).

Part V.

Amends GS 18B-404 to provide that a mixed beverages permittee can obtain a mixed beverages purchase-transportation permit for spirituous liquor purchased from a distillery (was, that will be purchased from a distillery) pursuant to GS 18B-403(b)(5), as enacted.

Part VI.

Makes technical changes.

Part VII.

Eliminates the proposed provisions of Part VII, which amended GS 18B-1001 to allow bars to obtain an on-premises malt beverage permit, on-premises unfortified wine permit, on-premises fortified wine permit, brown-bagging permit, special occasion permit, and mixed beverages permit. Makes conforming deletions and organizational changes.

Makes conforming changes to the act's long title.