Bill Summary for S 470 (2021-2022)

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Summary date: 

Jun 30 2022

Bill Information:

View NCGA Bill Details2021
Senate Bill 470 (Public) Filed Thursday, April 1, 2021
Intro. by Johnson, Hise.

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Bill summary

Conference report makes the following changes to the 5th edition.

Changes the effective date of Part I. of SL 2021-150, which makes changes to GS Chapter 18B to provide for online orders at ABC stores, to October 1, 2022 (was, January 1, 2022, in the previous edition and originally October 1, 2021).

Amends the lead-in language to the changes to the following statutes to no longer refer to their enactment or changes made by SL 2021-150: GS 18B-1105, GS 18B-1113.1, GS 18B-1114.7, GS 18B-1105, 18B-904, and GS 18B-1006.

Removes Section 8 of the act which amended GS 153A-145.9 and GS 160A-205.4 to authorize counties and cities to adopt an ordinance designating one or more social districts (was, limited to one), and made conforming changes to GS 18B-904.1.

Removes Section 12 of the act which amended Section 33.1 of SL 2021-150 to require the Department of Public Safety, in addition to the ABC Commission, to adopt rules or amend its rules consistent with SL 2021-150, with authority to use the procedures set forth in GS 150B-21.1.

Changes the effective date of the changes to GS 18B-1001.4 to require individuals delivering alcoholic beverages pursuant to a delivery service permit to complete a course conducted or approved by the ABC Commission (was, a course approved by the Commission only) related to the delivery of alcoholic beverages. Now makes this change effective October 1, 2022 (was, effective December 1, 2021, and applicable to individuals successfully completing a course conducted or approved by the ABC Commission related to the delivery of alcoholic beverages on or after that date).

Concerning the changes made in GS 18B-1006.1 to allow recyclable spirituous liquor containers to be used for display purposes, provides that the Alcoholic Beverage Commission may adopt permanent rules (was, may adopt or amend any rules) as required by the act using the procedure under GS 150B-21.1.

Adds the following new content.

Amends GS 18B-1000 by amending the definition of restaurant as it is used in GS Chapter 18B to require that the restaurant have an inside dining area with seating for at least 10 (was, at least 36) people. Adds that it is not necessary for an establishment to maintain kitchen operations at all times it is open to the public to qualify as a restaurant.

Amends GS 130A-250 to exempt from Part 6 of Article 8 of GS Chapter 130A, Regulation of Food and Lodging Facilities, the bar area or other similar area in an establishment where alcoholic beverage are prepared, poured, or mixed before service to customers and food is not prepared, except for the preparation of garnishes for alcoholic beverages.

Enacts new GS 18B-809 to prohibit any Alcoholic Beverage Control Commission rule or decision from limiting or restricting industry members from giving, lending, or selling branded plug-in coolers used to hold and display products, provided that the coolers are under the dollar limits set by the Commission for product displays. Requires the cooler to have permanent and conspicuous branding that is permanently attached or securely affixed.

Amends GS 18B-1000, if House Bill 768 becomes law, by amending the definition of bar as it is used in GS Chapter 18B, to define bar as an establishment that is primarily engaged in the business of selling alcoholic beverages for consumption on the premises (previously did not specify where the consumption was to take place and prohibited serving prepared food).

Enacts new GS 18B-1122 to allow malt beverages to be produced, bottled, imported, distributed, and sold in sealed containers which are 50 milliliters or more in volume. Prohibits the Alcoholic Beverage Control Commission from limiting or restricting the size of an individual malt beverage container allowed for sale in this State, provided that the container is not less than 50 milliliters.

Amends GS 119-63.3 by changing the name of the North Carolina Propane Gas Association, Inc., to the Southeast Propane Alliance, Inc. Directs the Revisor of Statutes to replace the phrase Association with Alliance in Article 5A of GS Chapter 119.

Makes conforming organizational changes, and technical changes. Adds bill section headings. Makes conforming changes to the act's long title.