Bill Summary for S 714 (2017-2018)

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Summary date: 

Jun 14 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 714 (Public) Filed Wednesday, May 16, 2018
Intro. by Wells, Randleman, Sanderson.

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Bill summary

Senate committee substitute amends the 1st ed. of the bill as follows and makes conforming changes to the bill title: 

Modifies amendments to GS 18B-104(a)(3) reinstating fines of up to $500 for a first violation, $750 for a second violation, and $1,000 for a third violation within three years, and excludes from fine for violations within a three-year period those violations listed in a new subdivision (3a). 

Amends GS 18B-104(a) by adding a new subdivision (3a) to set fines for violations involving acts of violence, controlled substances, or prostitution at up to $750 for a first violation, $1,000 for a second violation, and $1,250 for a third violation within three years.  Authorizes the Alcoholic Beverage Control Commission [Commission] to also impose conditions on the operating hours of the permitee’s establishment for these offenses.

Reinstates the $5,000 fine in GS 18B-104(b). 

Adds a new GS 18B-104(b1) to authorize compromise penalties for offenses which the Commission is authorized to suspend or revoke a permit and which involve acts of violence or knowingly allowing violations of controlled substance and prostitution statutes on a licensed premises.  For two or more such violations within a three-year period, the Commission may accept an offer in compromise to pay a penalty of up to $10,000 in lieu of revoking the permit, and may impose conditions on the operating hours of the licensed premises. 

Modifies amendments to GS 18B-900(a)(1) to repeal age requirements related to business ownership and instead to simply require that a permittee be 21 years of age.

Modifies amendments to GS 18B-900(c) to reinstate 25% ownership requirements and adds a new subdivision (6) requiring a manager or person otherwise responsible for day-to-day operations of the premises to qualify for an ABC permit.

Makes technical and grammatical changes to GS 18B-901.

Modifies amendments to GS 18B-904(e) to authorize the Commission to commence a contested case under Chapter 150B for violations specified in this subsection.

Adds a new subsection (4a) to GS 18B-1000 defining a private bar as an establishment operated for profit and open only to members of the organization and their guests.  Deletes sentence providing that subsection (5) does not apply to private club permits in place on April 1, 2018.

Amends GS 18B-1001 to list private bars as eligible permit holders for ABC permits authorized under this statute.

Amends GS 130A-247, 130A-248, and 130A-250 to exempt private bars from the sanitation regulation requirements of those statutes.

Modifies the effective date of the act to grandfather permits issued to private clubs prior to the act’s effective date until eligible for renewal as either a private bar or a private club.