AN ACT TO MAKE VARIOUS REVISIONS TO THE ALCOHOLIC BEVERAGE CONTROL LAWS OF THIS STATE. SL 2019-182. Enacted July 29, 2019. Sections 26 and 29 are effective July 29, 2019. The remainder is effective September 1, 2019.
Bill Summaries: S290 ABC REGULATORY REFORM BILL. (NEW)
Summary date: Jul 29 2019 - View Summary
Summary date: Jul 11 2019 - View Summary
House amendment to the 5th edition makes the following changes. Amends the proposed language in GS 18B-1116(a) by providing that a distillery is not subject to the provisions of the statute concerning financial interests in, and lending or giving things of value to, a retailer (was, wholesaler or retailer) with respect to the distillery's transactions with the retail business allowed on its premises; the distiller is subject to the provisions with respect to its transactions with all other retailers (was, wholesalers and retailers).
Summary date: Jul 10 2019 - View Summary
House committee substitute to the 4th edition makes the following changes.
Changes the effective date of the following sections from August 1, 2019, to September 1, 2019: Section 3(a) (amending GS 18B-800, concerning special orders of spirituous liquor); Section 4 (amending GS 18B-1105, GS 18B-804, and GS 18B-1116, concerning the sale of spirituous liquor at distilleries); and Section 5 (amending GS 18B-403 and GS 18B-901, concerning distilleries issuing purchase-transportation permits).
Deletes the changes to GS 18B-804(b1).
Further amends GS 18B-403 to make language gender-neutral.
Eliminates the proposed changes to GS 18B-1007 concerning mixed beverage permittees and direct purchases from distilleries.
Modifies the proposed changes to GS 18B-1114.7 to make organizational changes and add to the limitations set forth for consumer tastings conducted in an ABC store. Now provides the following: (1) the spirituous liquor used in the tasting must be purchased by the permit holder from any ABC store at a price set by the ABC Commission, with the permittee responsible for removing remaining liquor from the event from the premises; (2) the local board must limit tasting to between 1:00 p.m. and 7:00 p.m. on any day the store is authorized to sell spirituous liquor, and for no more than three hours; (3) the local board must limit the tasting events per ABC store to three tastings per calendar year and two different permit holders per tasting event; (4) the total samples offered to or consumed by each customer cannot exceed one-half ounce in any calendar day; (5) permit holders conducting the event cannot conduct any sales of branded merchandise or apparel to consumers at the event; (6) prohibits local boards or permit holders from advertising or promoting the tasting event to the public except as specified; (7) requires the permit holder to provide at least 48 hours' written notice to the ABC Commission of the tasting event; (8) requires the ABC Commission to adopt rules to ensure local boards that allow tasting by distilleries have reasonable oppotunities to conduct tastings; (9) deems any tasting conducted in an ABC store the sole responsibility of the permit holder, and prohibits any store employee from participation in or conduction of the tasting; (10) allows local boards to impose additional conditions, so long as they are written and noticed as specified; and (11) prohibits permit holders from providing consideration or any unlawful inducement to a local board, its board members, or its employees for any purposes related to the tasting event. Makes technical changes.
Adds the following provisions.
Amends GS 18B-1303, concerning malt beverage distribution, to allow retail permit holder private label brands to be sold exclusively to the retailer that owns the brand name or to all retail permit holders within each territory without discrimination, at the retail permit holder's discretion. Defines retail permit holder to mean a malt beverage product that is labeled with a brand name owned by a retailer. Makes language gender-neutral.
Amends GS 18B-1104 regarding the authorizations of a brewery permit. Concerning the authorization to receive and sell malt beverages produced inside or outside the state under contract with a contract brewery, clarifies that the brewery that contracted with the contract brewery, which manufactures the malt beverage, is responsible for registering the contracted product with the ABC Commission, submitting the appropriate reports regarding the malt beverages, and remitting the appropriate taxes if required by the rules of the ABC Commission and the Department of Revenue. Applies to taxes collected on or after September 1, 2019.
Amends GS 18B-1114.5, regarding the authorizations of a malt beverage special event permit, to authorize the permit holder to give free tastings, sell branded merchandise, and sell its malt beverages by the glass or in closed containers at farmers markets.
Amends GS 18B-1001(1), concerning on-premises malt beverage permit holders. Expands the authorization of on-premises malt beverage permit holders to allow permittees to transfer malt beverages to another on-premises malt beverage permittee under common ownership or control of the transferor. Limits the permittee to no more than four such transfers per calendar year. Clarifies that other transfers by on-premises malt beverage permittees, the purchase of malt beverages by a retail permittee from another retail permittee for the purpose of resale, and the sale of malt beverages by a retail permittee to another retail permittee for the purpose of resale are unlawful. Restricts authorized transfers of a particular brand of malt beverages to transferors and transferees located within the territory designated between the brewery and the wholesaler on file with the ABC Commission (Commission). Requires the transferor to notify each wholesaler who distributes the product of the transfer prior to or contemporaneous with the transfer, in writing or verifiable electronic format, and identifying the transferor, the transferee, the transfer date, quantity, and items transferred. Makes identical additions to expand the authorizations for off-premises malt beverage permit holders set out in GS 18B-1001(2) to allow for the transfer of malt beverages from the permittee to another off-premises malt beverage permittee, subject to the same restrictions and requirements.
Requires the ABC Commission to implement the Discount Rule (14B NCAC 15B .1004) by limiting a combinations of the use of a coupon, rebate, or a permittee's loyalty card, discount card, or membership card to no more than 35% of the advertised retail price for the purchase of a malt beverage or wine, and prohibiting a coupon or rebate, or a loyalty card, discount card, or membership card from providing a discount exceeding 35% of the advertised retail price for the purchase of a malt beverage or wine. Requires the ABC Commission to adopt temporary rules to comply with the provision, and adopt permanent rules consistent with the provisions no later than September 1, 2019.
Amends GS 18B-101 to now define premises to mean a fixed permanent establishment, including all areas inside or outside the licensed establishment, where the permittee has control through a lease, deed, or other legal process.
Part VIII (intends XIII).
Enacts GS 18B-1010, authorizing the sale and delivery by the holder of an on-premises malt beverage permit, on-premises wine permit, on-premises fortified wine permit, or mixed beverages permit of (1) no more than two alcoholic beverage drinks at one time if the drink is a malt beverage, unfortified wine, and/or fortified wine and (2) no more than one alcoholic beverage at one time if the drink is a mixed beverage or contains spirituous liquor at a time to a single patron for consumption on the premises. Restricts sales at a stadium, athletic facility, or arena on the campus or property of a public college or university, or during a sports event sponsored by a public college or university, to one alcoholic beverage drink per single patron at one time. Applies to sales made on or after September 1, 2019.
Repeals GS 18B-308, which made it unlawful to sell or consume alcoholic beverages at bingo games. Makes conforming repeals of GS 14-309.14(3). Makes conforming changes to GS 18B-112(b)(3).
Applies to offenses committed on or after September 1, 2019.
Eliminates the proposed changes to GS 130A-250, which exempted licensed breweries not engaged in food preparation from food and lodging facility sanitation regulations.
Instead, amends GS 130A-247 to define brewery to mean an establishment licensed under GS 18B-1104 that is not engaged in the preparation of food (excluding beverages) on the premises, and amends GS 130A-248 to exempt ABC permitted establishments meeting the definition of a brewery, as defined, from compliance with sanitation laws under Article 8, as specified. Makes conforming changes to GS 130A-250 to explicitly exempt breweries, as defined, from the food and lodging facilities laws in Part 6 of Article 8.
Provides that penalties imposed and fees charged before the effective date of the Part are not abated or affected by the provisions, and the statutes that would be applicable but for the provisions remain applicable to those penalties and fees.
Enacts GS 18B-700(c1) to prohibit the creation of any new local ABC boards in any county where a local board operates an ABC store unless the new board enters into an agreement to merge with an existing board. Specifies that the new provision does not prohibit local boards from serving multiple cities and/or counties.
Amends GS 18B-600 to allow a jurisdiction in a county where an ABC board is already in operation to hold an ABC store election if the jurisdiction has already negotiated a merger if approved, and the details of the planned merger have been made available to all registered voters in the jurisdiction. Explicitly limits elections to cities in which at least one other city in the same county operates an ABC store.
Amends GS 18B-703 to restrict dissolution of a merger if a city or county is merging with a different local board or the city or county is ceasing operation of all ABC stores within the city or county.
Applies to elections held on or after September 1, 2019.
Amends GS 18B-404 to require local boards to accept electronic payments for spirituous liquor purchased by a mixed beverage permittee. Prohibits the board from charging an electronic payment fee. Defines electronic payment to include payment by debit card or by electronic funds transfer; excludes payment by charge card or credit card. Applies to sales made or after October 1, 2019.
Enacts GS 18B-907 to require the ABC Commission to make all permitting forms available on its website, and to allow for electronic submission of permit forms to the extent practicable. Provides for submissions with electronic signatures. Requires the Commission to accept electronic payment for any permit fees under the Chapter. Defines electronic payment to mean payment by a charge card, credit card, debit card, or by electronic funds transfer. Authorizes the Commission to charge a fee not exceeding $5 to cover costs incurred in accepting and processing electronic payments. Applies to permits applied for on or after September 1, 2019.
Amends GS 18B-1001 by creating a common area entertainment permit to be issued to the owner or property owners' association of a multi-tenant establishment that has at least two tenants that holds an on-premises malt beverage permit, on-premises unfortified wine permit, on-premises fortified wine permit, or mixed beverages permit. The permit allows the customer of a multi-tenant establishment tenant holding one of those specified permit types to exit the licensed premises with an open container of alcohol sold by the tenant and consume the beverage within the confines of any common area on the premises of the multi-tenant establishment designated for such consumption. Defines a multi-tenant establishment as a building or structure, or multiple buildings and structures on the same property, or within the same planned development project that may be subject to a common declaration of restrictive covenants administered by a common property owners' association, and under common ownership, control, or property owners' association governance that contain or contains multiple businesses that sell food, goods, services, or a combination of food, goods, and services, and that include or are connected by common areas, as defined. Sets out eight additional conditions that apply to a common area entertainment permit, including that alcoholic beverages sold for consumption in a designated common area must be dispensed only in a container that clearly identifies the licensed premises from which the beverage was purchased and limits the amount to 16 fluid ounces, prohibits a customer from possessing or consuming more than one alcoholic beverage at a time while within the designated common area, and requires a customer in the designated common area to dispose of any alcoholic beverage prior to exiting the designated common area unless the customer is entering a licensed premises that allows the customer to enter with the alcoholic beverage.
Amends GS 18B-902 by setting the permit fee at $750.
Enacts GS 18B-1001.4, authorizing the holder of a delivery service permit or the holder's employee or independent contractor to deliver malt beverages, unfortified wine, or fortified wine to a location designed by the purchaser on behalf of the retailer holding an on-premises malt beverage permit, off-premises malt beverage permit, on-premises unfortified wine permit, off-premises unfortified wine permit, on-premises fortified wine permit, off-premises fortified wine permit, and a wine shop permit. Further authorizes a delivery service permittee to facilitate delivery through technology service, as specified. Requires the permittee to successfully complete a course approved by the ABC Commission prior to making any deliveries. Requires the ABC Commission to approve, deny, or request modifications within 15 business days of receipt of a proposed training program from a holder of a delivery service permit. Prohibits a permittee from handling or possessing any funds used to purchase an alcoholic beverage, but allows the permittee to facilitate the sales transaction. Prohibits delivery to a person under 21 years of age and requires packages to contain a statement, as specified, if the manufacturer's original packaging is obscured. Subjects deliveries to local laws of the jurisdiction where the delivery is located. Prohibits deliveries from being made more than 50 miles from the retailer's licensed premises or the premises of another retailer. Limits delivery to alcoholic beverages purchased for personal consumption and from a licensed retailer's existing inventory located on the retailer's premises. Does not require a delivery service permit for a common carrier to lawfully transport or ship alcoholic beverages. Subjects deliveries pursuant to a delivery service permit to the requirements of Article 4 (Transportation). Specifies that the new statute does not require a technology services company to obtain a delivery service permit if the company does not employ or contract with delivery drivers, but instead provides software or an application that connects consumers and licensed retailers for the delivery of alcoholic beverages from the licensed retailer. Establishes the following maximum fines for delivery service permittees for violations of the Chapter when delivering to a residence hall located on the premises of an institution of higher education: $1,000 for the first violation; $1,500 for the second violation within three years of the first violation; and $2,000 for the third or subsequent violation within three years of the first violation. Allows for the ABC Commission to accept a compromise penalty of $10,000 in cases where there are two or more violations within three years by a delivery service permittee when delivering to a residence hall on the premises of an institution of higher education whereby the Commission is entitled to suspend or revoke the permit. Requires the ABC Commission to either accept a compromise or revoke the permit, but not both, in those circumstances; allows the ABC Commission to accept a compromise and suspend the permit in the same case.
Amends GS 18B-902, as amended, setting the delivery service permit fee at $400.
The above provisions are effective December 1, 2019.
Directs the ABC Commission to begin accepting permit applications and approving training programs by September 1, 2019.
Further amends GS 18B-1104 concerning the authorizations of a brewery permit. Allows permittees to sell the malt beverages owned by the brewery at the brewery for on- or off-premise consumption, subject to obtaining the appropriate permit under GS 18B-1001, regardless of the results of any local malt beverage election (previously, requires approval from the governing body of the city or county where the brewery is located, as appropriate, with approval granted by resolution after public notice and hearing requirements are met). Effective October 1, 2019.
Amends GS 18B-1001 to allow sports and entertainment venues to obtain an on-premises fortified wine permit and a special occasion permit.
Amends GS 18B-303 to allow a mixed beverage permittee or its employee to purchase and transport any amount of fortified wine or spirituous liquor for use by the mixed beverage permittee without obtaining a purchase-transportation permit. Allows a local board employee to transport to a mixed beverage permittee any amount of fortified wine or spirituous liquor purchased by the permittee without obtaining a purchase-transportation permit. Deems independent contractors employed pursuant to GS 18B-701(a)(1), as amended, neither an employee of a mixed beverage permittee or a local board under these provisions. Makes conforming changes to GS 18B-403. Applies to fortified wine and spirituous liquor purchased on or after September 1, 2019.
Directs the ABC Commission to submit a quarterly report beginning October 15, 2019, to the specified NCGA committee detailing the progress made in bidding and selecting an independent contractor for the receipt, storage, and distribution of spirituous liquor at and from the State warehouse in accordance with GS 18B-204(a)(3). Sets out the parameters for the report. Terminates the reporting requirements upon the earlier date of the award of the contract for services described in GS 18B-204(a)(3) or January 1, 2022.
Amends GS 18B-701(a), authorizing a local ABC board to charge a fee for the provision of delivery, by its employees or an independent contractor, of liquor to a mixed beverages permittee. Explicitly authorizes a mixed beverages permittee to contract with an independent contractor for the provisions of spirituous liquor deliveries from an ABC board's store or warehouse to the permittee's premises. Makes technical and clarifying changes. Applies to deliveries made on or after September 1, 2019.
Directs the Commission to adopt rules to implement the statute, including parameters for the delivery fee and requirements for independent contractors making deliveries.
Directs the Joint Legislative Program Evaluation Oversight Committee to include in its biennial 2019-20 work plan a study by the Program Evaluation Division (PED) of the action the ABC Commission is authorized to take under GS 18B-104 for violations of GS Chapter 18B. Details required examinations of the study, inducing the proportionality of the punishment that can be imposed in relation to the violation. Requires the ABC Commission to provide any necessary information, data, or documents from their records or available to them upon request of PED. Requires PED to report to the Oversight Committee by March 15, 2020. Effective when the act becomes law.
Changes the act's effective date from August 1, 2019, to September 1, 2019, unless otherwise provided.
Makes organizational changes. Changes the act's titles.
Summary date: Jun 27 2019 - View Summary
House committee substitute to the 3rd edition makes the following changes.
Further amends GS 18B-403 to allow any ABC store employee to issue a purchase-transportation permit if he or she is authorized to issue permits by the local board chairman (was, the ABC store manager or assistant manager if so authorized).
Further amends GS 18B-1114.7(b) to deem any consumer tasting conducted in an ABC store the sole responsibility of the permit holder. Adds an explicit prohibition against local board employees participating in or conducting a consumer tasting in an ABC store.
Summary date: Jun 25 2019 - View Summary
Senate amendment to the 2nd edition makes the following changes.
Makes the changes to GS 18B-800 effective August 1, 2019, instead of July 1, 2019. Makes Section 4 of the act, concerning changes to the law to allow distillers to sell spirituous liquor distilled by the distiller for consumption off the premises (amending GS 18B-1105, GS 18B-804, and GS 18B-1116) effective August 1, 2019, instead of July 1, 2019.
Deletes the proposed changes to GS 18B-404(b), which allowed a mixed beverages permittee to 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.
Makes Section 5 of the act, allowing distilleries to issue purchase transportation permits for spirituous liquor sold by the distillery (amending GS 18B-403, GS 18B-901, and GS 18B-1007) effective August 1, 2019, instead of July 1, 2019.
Makes the act, unless otherwise indicated, effective August 1, 2019, instead of July 1, 2019.
Summary date: Jun 12 2019 - View Summary
Senate committee substitute makes the following changes to the 1st edition.
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.
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.
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.
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).
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.
Makes technical changes.
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.
Summary date: Mar 19 2019 - View Summary
Amends GS 18B-1105 by allowing a distillery permit holder to sell malt beverages, unfortified wine, and fortified wine for consumption on the premises after obtaining the appropriate permit. Makes conforming changes to GS 18B-1001 to allow holders of distillery permits to be issued on-premises malt beverage permits, on-premises unfortified wine permits, and on-premises fortified wine permits.
Amends GS 18B-1105 further by allowing a distillery permit holder to sell mixed beverages for consumption on the premises in an area where the sale of mixed beverages is authorized. Specifies that a mixed beverages permit is not required but subjects the distillery to the laws governing the sale of mixed beverages by a permittee.
Amends GS 18B-1105 further by allowing a distillery permit holder to sell, deliver, and ship spirituous liquor in closed containers (1) at wholesale to holders of a mixed beverages permit and (2) at wholesale or retail to consumers in other states or nations, subject to the laws of other jurisdictions. Makes organizational changes and makes conforming changes to GS 18B-1007. Adds that each month a distillery permit holder must make the specified payments for the mixed beverage surcharges and guest room cabinet surcharges to the Department of Revenue and Department of Health and Human Services for spirituous liquor sold to a mix beverages permittee.
Requires the Alcoholic Beverage Control Commission (Commission) to develop and implement a process that allows a distillery permit holder to place a mixed beverages tax stamp to liquor sold to a mixed beverages permit holder. Requires revising the specified rule as appropriate in order to implement this requirement.
Applies to sales made on or after July 1, 2019.
Amends GS 18B-1105 to allow distillery permit holders to sell spirituous liquor distilled at the distillery in closed containers to visitors for consumption off the premises, no longer requiring that the visitors tour the distillery. Removes the limit of no more than five bottles per 12-month period. Makes conforming changes. Makes the provision concerning the price of spirituous liquor sold at a distillery applicable to all sales of spirituous liquor distilled at the permit holder's distillery.
Amends GS 18B-1116 which makes it unlawful for any manufacturer, bottler, or wholesaler of alcoholic beverages or specified affiliates to directly or indirectly take specified actions, including (1) having any direct or indirect financial interest in the business of any alcoholic beverage retailer in this state or in the premises where the business of any alcoholic beverage retailer in this State is conducted or (2) lending or giving any alcoholic beverage retailer in this State, their employee, or the owner of the premises where the business of any alcoholic beverage retailer in this State is conducted any money, service, equipment, furniture, fixtures, or any other thing of value. Adds that a distillery is not subject the these provisions concerning financial interests in, and lending or giving things of value to, a wholesaler or retailer with respect to the distillery's transactions with the retail business allowed on its premises. Applies to sales made on or after July 1, 2019.
Amends GS 18B-403 to allow a purchase-transportation permit to be issued by the owner, or a designated employee, of a distiller authorized to sell spirituous liquor, for spirituous liquor sold by the distillery only. Makes additional clarifying and conforming changes.
Amends GS 18B-404 to allow a mixed beverages permittee to obtain a mixed beverages purchase-transportation permit for spirituous liquor that will be purchased from a distillery. Makes conforming changes.
Makes conforming changes to GS 18B-901 and GS 18B-1007.
Applies to purchases made on or after July 1, 2019.
Amends GS 18B-1114.7 to allow the holders of a supplier representative permit, brokerage representative permit, or distillery permit to obtain a spirituous liquor special event permit allowing the permittee to give free tastings at ABC stores where the local ABC board has approved the tastings (in addition to the already allowed trade shows, conventions, shopping malls, street festivals, holiday festivals, agricultural festivals, balloon races, local fund-raisers, and similar events). Also requires the Commission, for tastings in an ABC store, to adopt rules to ensure distillery permit holders are given reasonable opportunities by local ABC boards to conduct tastings. Makes conforming changes to GS 18B-301. Effective July 1, 2019.
Amends 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. Defines bar under GS 18B-1000 as an establishment substantially engaged in the business of serving alcoholic beverages for consumption on the premises. Requires that in order to qualify as a bar that the establishment's gross receipts from alcoholic beverages for consumption on the premises be no less than 75% of the establishment's total gross receipts.
Requires the Commission to amend its rules consistent with the act.
Contains a severability clause.
Except as otherwise provided, effective July 1, 2019.
Summary date: Mar 18 2019 - View Summary
To be summarized.