Senate amendment makes the following changes to the 6th edition.
Part I.
Amends the gameplay rules requirements in GS 115C-407.55 to no longer specify that for charter or nonpublic schools, the rules must classify those schools into the next largest conference than the school would be assigned to based solely on average daily membership.
Amends the appeals process in GS 115C-407.55 to now require the State Board of Education (State Board) to require an appeals process for enforcement of rules that provides for an independent appeals board, notice of the infraction and the appeals process to the party that receives the penalty, and an opportunity to be heard before the independent appeals board. Requires a student and that student's parent to be allowed to appeal a penalty resulting from the application of any rule that restricts an individual student from participating in a season, game, or series of games, and requires providing a written copy of the rule that is the basis for the penalty. Requires the State Board to appoint the independent appeals board.
Amends GS 115C-407.60 to require public school units to purchase (was, obtain) catastrophic insurance for interscholastic athletic activities.
Enacts new GS 115C-407.72, which provides as follows. Requires the State Board to adopt rules related to enrollment and transfer of students between public school units that include the following: (1) a student who is not domiciled in a local school administrative unit but enrolls in that unit pursuant to GS 115C-366(d) is not eligible to participate in interscholastic athletics in that unit if the student's enrollment in that unit is solely for athletic participation purposes and (2) a student who receives priority enrollment as the child of a full-time employee of a charter school pursuant to GS 115C-218.45(f)(3) is not eligible to participate in interscholastic athletics for that charter school if the Office of Charter Schools determines that the parent's employment was a fraudulent basis for the student's priority enrollment. Requires the State Board to require that any school enrolling a student determined to be ineligible under these circumstances be ineligible to participate in postseason play for one year following discovery of the violation.
Amends GS 115C-407.75 by amending the requirements to be met if the State Board enters into a memorandum of understanding with a nonprofit organization, to require agreement not to prohibit or restrict a participating school from scheduling a non-conference game during the regular season, or taking a portion of ticket sales from those games. Corrects an internal cross-reference.
Amends Section 1(b) of the act to also prohibit public school units, in addition to the State Board, from requiring students to meet any academic requirements for participation and provide for hardship waivers for age eligibility requirements for the 2021-22 school year only. Adds that for the 2021-22 school year, no changes are to be made to existing divisions and conferences.
Amends Section 1(f) of the act to provide that if the State Board enters into a memorandum of understanding with the organization currently authorized to apply and enforce the State Board's rules governing participation in high school interscholastic athletic activities (was, with the North Carolina High School Athletic Association) for the 2021-22 school year, a condition of the memorandum must be that the organization (was, NCHSAA) waive collection of all fees for participating schools for the 2021-22 school year, except for fees associated with postseason conference games, in recognition of decreased access to interscholastic sports for participating schools in the 2020-21 school year due to COVID-19.
Makes a clarifying change in Section 1(g) of the act.
Part II.
Amends GS 115C-218(c)(3) by adding to the duties of the Office of Charter Schools, investigating fraudulent priority enrollments under GS 115C-218.45 and reporting the findings to the State Board.
Make a clarifying change in the heading of Part III of the act.
The Daily Bulletin: 2021-09-01
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The Daily Bulletin: 2021-09-01
Senate committee substitute to the 2nd edition makes the following changes.
Corrects statutory cross-references in new GS 130A-145(f) regarding the State Health Director's quarantine and isolation authority.
Senate committee substitute to the 3rd edition makes the following changes.
Part II.
Amends the definition of vote in GS 55A-1-40 as it applies throughout GS Chapter 55A (North Carolina Nonprofit Corporation Act) by adding that the term includes authorization by written ballot and written consent through an electronic voting system.
Amends GS 55A-1-70 as follows. Reinstates the previous statute caption. Allows a corporation to conduct a transaction by electronic means, except as limited by its articles of incorporation or bylaws or by action of its board of directors (was, a corporation, its officers, directors, and members to conduct business by electronic means in accordance with GS Chapter 55A, unless prohibited or limited by the articles of incorporation or bylaws, or by action of its board of directors and subject to the requirements of the statute). Removes the provision specifying that GS Chapter 55A prevails when there is a conflict between the Chapter and Article 40 (Uniform Electronic Transactions Act) of GS Chapter 66. No longer specifies the inclusion of four specified statutes in the requirement that members who wish to communicate and conduct business with a corporation by electronic means designate the email address to be used for communication and business and provide any other information required by the corporation to facilitate communication and business conducted between the member and the corporation. Specifies that for purposes of applying Article 40 of GS Chapter 66 to transactions under GS Chapter 55A, a corporation that conducts an electronic transaction in accordance with this section is deemed to have agreed to conduct the transaction by electronic means (under current law, a corporation may agree to conduct a transaction by electronic means through provision in its articles of incorporation or bylaws or by action of its board of directors).
Amends GS 55A-3-03, which sets out emergency powers, by providing that an emergency exists if a natural or man-made disaster impedes the ability of the corporation's board of directors or members to comply with one or more provisions of the corporation's bylaws (was, exists if a quorum of the corporation's directors cannot readily be assembled because of some catastrophic event).
Amends GS 55A-7-04 by allowing a member's consent to action taken without a meeting to be in electronic form and delivered by electronic means, except as limited by the articles of incorporation or bylaws (no longer requires the member to have agreed as provided in GS 55A-1-70 and adds the limitations). Makes additional clarifying changes.
Amends proposed GS 55A-7-09 as follows. Adds that members of any class may participate in any meeting of members by remote communication to the extent the board of directors authorizes the participation for that class. Makes member participation by remote communication subject to any guidelines and procedures the board of directors adopts and as well as the following requirements. Deems members participating by means of remote communication as present and allowed to vote at the meeting if the corporation has implemented reasonable measures to: (1) verify that each person participating remotely as a member is a member and (2) provide the members a reasonable opportunity to participate in the meeting and to vote on matters submitted to the members to the same extent they could participate and vote if present in person substantially concurrently with the proceedings. Deletes the proposed (a) and instead provides that unless member meetings held solely by means of remote communication are prohibited by the articles of incorporation or the bylaws, the board of directors may, in its sole discretion, determine that any meeting of members shall not be held at any place and must instead be held solely by means of remote communication, but requires the corporation to implement the measures above. Amends the notice requirement so that it applies to notice of a meeting held solely by means of remote communication. Deletes the provision that allowed the board of directors to prescribe additional rules and procedures for meetings held by means of remote communication that are consistent with the provisions of GS Chapter 55A. Makes conforming changes to the statute's caption.
Amends GS 55A-7-20, which requires that beginning two business days after notice is given of the meeting for which the list was prepared and continuing through the meeting, the list of members must be available for inspection by any member for the purpose of communication with other members concerning the meeting. Provides that if the corporation determines to make the list available on an electronic network, the corporation may take reasonable steps to ensure that the information is available only to shareholders of the corporation (was, only to members of the corporation). Adds that if the meeting is to be held solely by means of remote communication, then the list of members must also be open to inspection during the meeting on a reasonably accessible electronic network, and the information required to access the list must be provided with the meeting notice. Makes additional technical and clarifying changes.
Makes organizational changes.
Part IV.
Amends GS 55-6-01 by excluding from the requirement that articles of incorporation authorize one or more classes of shares that together have unlimited voting rights, the articles of incorporation of not-for-profit corporations formed for religious, charitable, nonprofit, social, or literary purposes before July 1, 1989. Specifies that this Section applies to not-for-profit corporations formed prior to July 1, 1989, existing as of the effective date of this act.
Part VI.
Amends the applicability of the act to now deem remote shareholder, policyholder, and member meetings noticed before the effective date of this act as a result of the State of Emergency declared by Executive Order No. 116 on March 10, 2020, and complying with any subsequent executive orders authorizing remote shareholder, policy holder, or member meetings to be in compliance with this act.
Makes conforming changes to the act's long title.
Senate committee substitute makes the following changes to the 3rd edition.
Part I.
Revises new subsection (c3) of GS 18B-800, which authorizes ABC stores to accept online orders and payments, to specifically require online orders to include the name and unique identifier number of the individual placing the order who must be at least 21 years of age as shown on the form of identification authorized under specified state law who is otherwise legally authorized to purchase alcoholic beverages. Requires an ABC store employee to confirm that the online order is picked up in person at the store by the individual who placed the order by verifying the individual's identification that conforms to the identifying information contained in the online order. Eliminates the provision which required an online order that is not picked up within a time period determined by the ABC Commission to be returned to inventory in the ABC store and the person who placed the order refunded.
Makes the provisions of Part I. effective October 1, 2021 (was, July 1, 2021).
Part II.
Amends the proposed changes to GS 18B-800(c1), which allow special order bottles to be affixed with personalized labeling, to specify that the label is to be affixed by the manufacturer, distiller, broker, or supplier of spirituous liquor. Requires that the label not cover any portion of the manufacturer's original label. Adds to the meaning of personalized label, previously limited to including the purchaser's name on the label, to include the purchaser's name or any individual, business entity, club, ABC Board or ABC store on whose behalf the bottle was purchased; "bottled for," "distilled for," "in honor of," or other similar language; or dates, locations, occasions, and other similar information.
Amends the proposed changes to GS 18B-1105(a)(4), which allow visitors touring a distillery to purchase bottles of spirituous liquor sold by a distillery permittee with personalized labels, to mirror the changes made to GS 18B-800(c1) concerning personalized labeling for special orders.
Makes the provisions of Part II. effective October 1, 2021 (was, July 1, 2021).
Part III.
Eliminates the proposed changes to GS 18B-1114.7, which added to the limitations and requirements of consumer tastings held by a spirituous liquor special event permits.
Instead, enacts GS 18B-1006(n2), authorizing the ABC Commission to issue mixed beverage or mixed beverage catering permits without approval at an election to qualified establishments defined in GS 18B-1000(4) (defining hotel) and (6) (defining restaurant) that are located in a county that has more than two man-made lakes that has approved the sale of malt beverages and unfortified wine but not mixed beverages, so long as the establishment is open to the public and includes on its premises a hotel with accommodations for 20 or more overnight guests, agritourism activities, and firearm sports.
Part IV.
Makes the proposed changes to GS Chapter 105 regarding local licenses set forth in Part IV. effective October 1, 2021 (was, July 1, 2021).
Part V.
Makes new Article 62B, GS Chapter 106, which establishes the NC Spirituous Liquor Advisory Council, effective October 1, 2021 (was, September 1, 2021). Directs the Commissioner of Agriculture to make initial appointments to the Council by October 1, 2021 (was, September 1, 2021).
Part VI.
Makes the proposed changes to GS 18B-1105(a)(5), regarding the sale of spirituous liquor distilled at a distillery to visitors touring the distillery for consumption on premises, effective October 1, 2021 (was, July 1, 2021).
Enacts GS 18B-1113.1, allowing the following to apply for and obtain a nonresident spirituous liquor vendor permit: (1) licensed or permitted out-of-State businesses who manufacture spirituous liquor whose products are lawfully sold in the State; (2) a brokerage, as defined; or (3) a liquor importer/bottler. Provides that a nonresident spirituous liquor vendor permit allows the permittee to sell, deliver, and ship spirituous liquor that has been approved for sale in the State to the permittee's employees in the State, or brokerage if the brokerage also holds the same permit for special event purposes. Bars the permittee from shipping or delivering more spirituous liquor to its employees or brokerage than is necessary for any consumer tasting event scheduled within one calendar month of the shipment or delivery. Specifies that the permitee is not required to do business in the State or to obtain a spirituous liquor special event permit. Sets the permit application fee at $100. Makes conforming changes to GS 18B-900. Amends GS 105-113.83A to require nonresident spirituous liquor vendor permittees to register with the Secretary of Revenue.
Amends GS 18B-1114.1 and GS 18B-1114.5 to allow vendor representative permittees to obtain a winery special event permit or a malt beverage special event permit pursuant to each respective statute. Makes technical changes to each statute.
Eliminates the proposed changes to GS 18B-1114.7 concerning spirituous liquor special event permits. Instead, amends the statute as follows. Allows nonresident spirituous liquor vendor permittees to obtain a spirituous liquor special event permit. Expands the locations at which spirituous liquor special event permittees can give free tastings of its spirituous liquors to include farmers markets. Expands permittee authorities to include selling mixed beverages or spirituous liquor distilled or produced at the distillery in closed containers at trade shows, conventions, agricultural festivals, farmers markets, local fundraisers, and other similar events approved by the Commission. Adds to the limitations on consumer tastings to (1) restrict the permit holder or their authorized agent to providing tasting samples of products from one distillery per booth, kiosk, or display, and (2) prohibiting consumer tastings between 2:00 a.m. and 7:00 a.m., or before noon on Sundays unless authorized by local ordinance. Specifies that a permit holder's authorized agent cannot offer tasting samples to or allow consumption of tasting samples by any consumer who is visibly intoxicated (currently, prohibits the permit holder only). Specifies that the permit holder nor the permit holder's authorized agent (was, the permit holder only) can offer tasting samples to or allow consumption of tasting samples by any consumer under 21 (was, under the legal age for consuming spirituous liquor).
Enacts new subsection (b1) to GS 18B-1114.7, enumerating 10 limitations for the sale of mixed beverages with a consumer tasting under a spirituous liquor special event permit, including: (1) prohibiting such sales at shopping malls, street festivals, holiday festivals, or balloon races; (2) requiring the mixed beverages to contain only spirituous liquor distilled or produced at the distillery; (3) requiring the permit holder or the permit holder's authorized agent conducting the tasting or an employee of the permit holder or the permit holder's authorized agent conducting the tasting who is at least 21 to prepare the mixed beverages; (4) limiting sales to one mixed beverage per customer per calendar day, per distillery; and (5) prohibiting sales between 2:00 a.m. and 7:00 a.m., or before noon on Sundays unless authorized by local ordinance.
Enacts new subsection (b2) to GS 18B-1114.7, expanding the authority under a spirituous liquor special event permit to include providing spirituous liquor in closed 50 milliliter mini-bottle containers at no cost in conjunction with a consumer tasting, subject to 10 enumerated limitations, including: (1) requiring the spirituous liquor to be distilled or produced at the distillery; (2) limiting sales to one 50 milliliter mini-bottle of spirituous liquor per customer per calendar day, per distillery (allows a customer to possess a purchased mini-bottle while at the event); and (3) limiting the provision of spirituous liquor in closed containers to the hours between 9:00 a.m. and 9:00 p.m., except noon to 9:00 p.m. on Sundays, including holidays that are not on a Sunday.
Adds to GS 18B-1114.7(c), which places limitations on consumer tastings conducted in an ABC store, to require the permit to be issued in the name of the distillery, or the name of the nonresident spirituous liquor vendor or the name of the business the supplier representative or brokerage representative represents. Finally, enacts new subsection (d) to define distillery under GS 18B-1114.7 to mean the holder of a distillery permit issued under GS 18B-1005 or a business located outside of the State that is licensed or permitted to manufacture spirituous liquor in the jurisdiction where the business is located and whose products are lawfully sold in the State.
Makes further conforming changes to GS 18B-1105(a)(5) regarding authorities of a distillery permittee.
Makes the above provisions effective 90 days after the date the act becomes law.
Makes the proposed changes to GS Chapter 130A, which exclude distilleries and wineries from the sanitation rules adopted by the Public Health Commission for establishments that prepare or serve drink or food for pay, and the related directives, effective October 1, 2021 (was, July 1, 2021).
Adds nonresident spirituous liquor vendor permits to the commercial permits that the Commission may issue under GS 18B-1100, adding to the proposed new authority to issue commercial spirituous liquor special event permits.
Part VII.
Regarding the directive for the ABC Commission to implement the Growler Size Rule, 14B NCAC 15C .0307, as described and adopt a rule to amend the Growler Size Rule consistent with the directive, eliminates the provision which excepted rules adopted pursuant to this directive from Part 3, Article 2A of GS Chapter 150B (concerning the review of rules by the Rules Review Commission). Also eliminates the provision directing that rules adopted pursuant to the directive become effective as provided in GS 150B-21.3(b1) as though 10 or more written objections had been received as provided in GS 150B-21.3(b2).
Part VIII.
Eliminates the content of previous Part VIII., which amends GS 18B-800, concerning local ABC boards' authority to fulfill orders by a mixed beverage permittee for individual bottles or cases of spirituous liquor produced by an eligible distillery that are listed as a regular code item for sale in the state; GS 18B-1001(19), regarding spirituous liquor tasting permits; and GS 18B-1105(a)(4), expanding the subdivision to further authorize distillery permittees to sell spirituous liquor produced at the distillery in closed containers to visitors who tour the distillery for consumption off the premises in the same manner as that distilled at the distillery.
Makes the proposed changes to GS 18B-1105(a)(4) (previously organized in Part IX of the act), regarding the sale of bottles of spirituous liquor by a distillery permittee to visitors touring the distillery, with the parameters of the tour at the discretion of the distillery, effective October 1, 2021 (was, July 1, 2021).
Part IX.
Eliminates the proposed changes to GS 18B-1105(a)(2) to allow distillery permittees to sell, deliver, and ship spirituous liquor in closed containers at wholesale or retail to consumers of other states or nations.
Amends the proposed changes to GS 18B-1105(a)(1) (previously organized as Part XI. of the act), which authorizes distillery permittees to possess ingredients used in the distillation and production of spirituous liquor, adding that possession of ingredients also includes possession of spirituous liquor not distilled or produced at the distillery that is used for research and development or sample comparison of spirituous liquor. Makes the changes effective October 1, 2021 (was, July 1, 2021).
Amends GS 18B-1001(19), adding to the authorities of a spirituous liquor tasting permit to allow the authorized consumer tasting events to be conducted on any part of the licensed premises of the distillery, except as prohibited by federal law. Effective October 1, 2021.
Eliminates the proposed changes to GS 18B-1105(a)(5), authorizing distillery permittees conducting consumer tastings pursuant to GS 18B-1114.7 to conduct the tastings on any part of the licensed premises of the distillery.
Amends new GS 18B-1105(d) (previously organized as Part XI. of the act), which explicitly allows for an alcoholic beverage sold or consumed under the statute to be sold or consumed on any part of the licensed premises of the distillery, to include possession of the beverage sold on any part of the licensed premises, notwithstanding GS 18B-301(e) which bars consumption at the place of sale. Adds that the new provisions do not allow spirituous liquor in closed containers sold for off-premises consumption to be consumed at the distillery. Makes the changes effective October 1, 2021 (was, July 1, 2021).
Eliminates the directive requiring the ABC Commission to implement the Identification Rule (14B NCAC 15B .0224) as described, and adopt a rule to amend the Identification Rule consistent with the described directive.
Part X.
Amends GS 18B-302(d) which sets forth defenses of a seller against violations for selling specified alcoholic beverages to persons under 21. Expands the existing defenses of showing that either the purchaser produced a special identification card meeting certain criteria, or used a biometric identification system demonstrated by the purchaser's age to be at least that required for the purchase and the purchaser had previously registered with the seller or their agent a special identification card meeting certain criteria, to allow for showing the same for purchasers with special identification cards issued by the state agency of any other state authorized to issue similar official state identification cards for that state as those issued under GS 20-37.7. Effective December 1, 2021.
Part XI.
Makes the proposed repeal of GS 18B-1010(b) (previously organized as Part XIII.), which provides that not more than one alcoholic beverage drink may be sold to a single patron at one time if the beverages are sold (1) at a stadium, athletic facility, or arena on the campus or property of a public college or university or (2) during a sports event sponsored by a public college or university, effective on the date the act becomes law (was, July 1, 2021).
Adds the following new content.
Part XII.
Amends GS 18B-1004 to make it unlawful to sell malt beverages, unfortified wine, fortified wine, or mixed beverages between 2:00 a.m. and 7:00 a.m., or to consume those alcoholic beverages between 2:30 a.m. and 7:00 a.m. in any place issued a permit under GS 18B-1105 (commercial distillery permittee authorizations), in addition to any place issued a permit under GS 18B-1001 (listing 21 kinds of ABC permits).
Part XIII.
Amends GS 18B-602 to include in the ballot language for a mixed beverage election the on-premises and off-premises sale of malt beverages and unfortified wine in qualified establishments.
Amends GS 18B-603(d), regarding issuance of permits in a jurisdiction that has held a mixed beverage election where the sale has been approved, authorizing the Commission to issue on-premises malt beverage permits or on-premises unfortified wine permits to any establishment that meets the permitting requirements of GS 18B-1001(1) or (3), respectively, regardless if any other local act concerning sales of those kinds of alcoholic beverages. Applies to jurisdictions that have approved the sale of mixed beverages prior to the effective date of the section unless the governing body adopts a resolution within 60 days of the section's effective date requesting an election to be held under GS 18B-601. Provides that if a resolution is adopted, GS 18B-602(a)(2) and (d)(2) (providing the ballot questions for on-premises sales of malt beverages and on-premises sale of unfortified wine only) must be voted on with the results controlling the issuance of on-premises malt beverage permits and on-premises unfortified wine permits in that jurisdiction unless other law applies. Makes changes to consistently refer to a "jurisdiction" which has voted to permit mixed beverage sales upon holding an election.
Makes the above provisions effective 90 days after the date the act becomes law.
Part XIV.
Amends GS 18B-600 to allow a town to hold a mixed beverage election if the town has at least 200 registered voters, has a total area of less than one square mile, operated an ABC store, and is located in a county that has at least three cities that have approved the sale of mixed beverages (alternatively to the authority given to towns which meet the description under current law applicable to counties bordering the Neuse River and Pamlico Sound).
Part XV.
Enacts GS 18B-800(c4) to authorize ABC stores to sell alcoholic beverages authorized for sale in a refrigerated unit, as defined. Effective October 1, 2021.
Part XVI.
Amends GS 18B-903(c1), concerning alternating brewery proprietorships in which a holder of a brewery permit leases or otherwise makes available its facility to another brewery permittee, to specify that a host brewery can hold unfortified winery, fortified winery, and distillery permits pursuant to GS 18B-1101, -1102, and -1105, if authorized by federal law.
Part XVII.
Amends the definition of restaurant under GS 18B-1000 to further specify that to qualify as a restaurant, the gross receipts from food and nonalcoholic beverages must be at least 30% of the total gross receipts from food, nonalcoholic beverages, and alcoholic beverages sold for on-premises consumption (previously, did not specify that the total gross receipts calculated include alcoholic beverages sold for on-premises consumption only).
Part XVIII.
Adds to the authorities of commercial distillery permittees under GS 18B-1105, allowing for the sale of mixed beverages containing only spirituous liquor produced at the distillery for consumption on the premises, regardless of the results of any mixed beverage election, if the distillery is located on a property used for bona fide farm purposes.
Part XIX.
Adds to the types of permits the Commission can issue under GS 18B-1001, if lawful in the jurisdiction where the premises is located, an airport central storage permit. Makes the permit issuable to the owner of a bonded storage warehouse that meet specified TSA security standards. Authorizes the permittee to contract with retail permittees holding certain ABC permits with one or more retail locations at airports which service airplanes boarding at least 150,000 passengers annually to store at and transport from a central receiving facility alcoholic beverages to be sold or served at the retail permittee's airport locations, as specified. Sets the permit application fee at $400. Adds the permit to the commercial permits the Commission can issue under GS 18B-1100.
Enacts GS 18B-1011 authorizing holders of four specified types of ABC permits (including holders of an on-premises malt beverage permit, an on-premises unfortified wine permit, an on-premises fortified wine permit, or a mixed beverages permit), for premises located within airport terminals, to contract with an airport central storage permittee for storage at the airport central storage permittee's licensed premises of the permittee's alcoholic beverages to be sold at the retail permittee's airport locations, as well as transport from the storage facility to the retail permittee's premises or support location, as authorized by the Commission. Deems the storage location an extension of the retail permittee's licensed premises. Amends GS 18B-1203 and GS 18B-1303 to allow a wholesaler to distribute wine and malt beverages to a retail permittee's off-site airport storage premises.
Makes the above changes effective 90 days after the date the act becomes law.
Part XX.
Enacts GS 153A-145.9, concerning counties, and GS 160A-205.4, concerning cities, authorizing the adoption of an ordinance designating a social district for use in accordance with new GS 18B-904.1, as enacted.
Enacts GS 18B-90, establishing requirements for city or county designated social districts, defined as a defined outdoor area in which a person can consumer alcoholic beverages sold by a permittee, which is defined as an establishment holding an on-premises malt beverage, unfortified wine, or fortified wine permit, a mixed beverages permit, or a distillery permit. Requirements for social districts include specified signage, city or county management and maintenance plans, and the submission of a detailed map of the social district's boundaries and hours to the ABC Commission. Establishes requirements for the sale of alcoholic beverages by a permittee located in or contiguous to a social district, including limiting sales to its licensed premises, meeting container specifications, and prohibiting entry or reentry on its licensed premises with an alcoholic beverage not sold by the permittee. Establishes requirements for the possession and consumption of an alcoholic beverage in a social district including limiting possession and consumption to the days and hours set by the respective city or county ordinance designating the social district and disposal of any alcoholic beverage prior to exiting the social district unless reentering the licensed premises where the beverage was purchases. Authorizes the ABC Commission to adopt rules imposing additional requirements.
Part XXI.
Enacts GS 153A-145.10, concerning counties, and GS 160A-205.5, concerning cities, authorizing counties and cities to adopt an ordinance authorizing permittees holding an ABC permit under Articles 10 or 11 of GS Chapter 18B (governing retail and commercial activity) to use an area that is not part of the permittee's licensed premises for the outdoor possession and consumption of alcoholic beverages sold by the permittee.
Amends GS 18B-904, enacting new subsection (h) to allow a permittee holding a permit issued under Article 10 or 11 that permits the on-premises consumption of alcoholic beverages to use an area not part of the licensed premises for the outdoor possession and consumption of alcoholic beverages sold by the permittee. Establishes 8 requirements and restrictions for the extension area, including that (1) the city or county in which the licensed premises is located has adopted an ordinance authorizing permittees to expand their licensed premises, (2) the permittee has obtained written permission for the expansion from the owner of the property to which the premises will be extended if not owned by the permittee, (3) the permittee has provided written notification and the written permission of the property owner (if applicable) to the district office of the ALE Division, and local law enforcement agency with jurisdiction over the licensed premises, (4) the permittee has marked off the extended area in an easily distinguishable way, and (5) the extended area is not used to increase occupant load, as defined.
Part XXII.
Amends GS 18B-502 to specify that the "licensed premises for which an ABC permit has been issued" that ALE agents, ABC Commission employees, local ABC officers, and officers of local law-enforcement agencies contracted to provide ABC enforcement are granted authority to investigate the operation of, includes a social district and an extended area, as authorized by this act.
Part XXIII.
Amends GS 18B-103 to allow the trade or exchange of lawfully purchased spirituous liquor if: (1) the transaction only involves the trade or exchange of lawfully purchased spirituous liquor for other lawfully purchased spirituous liquor; (2) the trade or exchange is only between individuals, for personal use only, and not for resale; (3) the spirituous liquor to be traded or exchanged is or has been approved by the Alcoholic Beverage Control Commission (ABC Commission) for sale in this state and is not unfit for human consumption; and (4) the spirituous liquor is not an antique spirituous liquor.
Requires the ABC Commission to adopt temporary rules to implement the act's provisions. Specifies that such temporary rules remain in effect until permanent rules that replace the temporary rules become effective.
Effective October 1, 2021.
Part XXIV.
Amends GS 18B-204 by requiring the Commission to make a good-faith effort, without discrimination, to make all spirituous liquor it distributes available to all local boards. Requires the adoption of rules on the ordering of spirituous liquor by local boards. Authorizes the Commission to suspend distribution to a local board of any limited product required to be recorded by the Commission under new provisions, as enacted, for a violation of any rule concerning the ordering of the limited product. Prohibits a contractor that has entered into a warehousing contract under the statute from providing a local board with information that gives one board an advantage over another board on product selection, availability, or otherwise obtaining spirituous liquor distributed by the Commission. Violations are grounds to terminate the contract. Requires the Commission to keep a record of, and monthly update the record of, all products that the Commission either (1) limits distribution of due to limited availability or (2) allocates the distribution of to local boards. Requires the record to be available to local boards and sets out information that must be included in the records for all limited distribution or allocated products received by the Commission. Makes additional technical and clarifying changes. Effective January 1, 2021.
Part XXV.
Enacts a new sales tax exemption to GS 105-164.13 to exempt from sales tax sales of machinery, equipment, parts, and accessories for use in the manufacture of the following specified items by the following specified permittees, as well as supplies and ingredients used or consumed in the manufacture: unfortified winery permittees for the manufacture of unfortified wine; fortified winery permittees for the manufacture of fortified wine; brewery permittees for the manufacture of malt beverages; and distillery permittees for the manufacture of spirituous liquor. Effective August 1, 2021.
Part XXVI.
Amends GS 18B-1001.4 to specify that retailers that hold either an on-premises malt beverage permit, an off-premises malt beverage permit, an on-premises unfortified wine permit, an off-premises unfortified wine permit, an on-premises fortified wine permit, an off-premises fortified wine permit, or a wine shop permit, are not required to obtain a delivery service permit in order for employees of the retail permittee to deliver malt beverages, unfortified wine, or fortified wine to a location designated by the purchaser. Specifies that other provisions of the act related to delivery service permits apply to these retailers.
Part XXVII.
Amends GS 18B-101 to include alcohol consumables under the definition of alcoholic beverage. Defines alcohol consumable as any manufactured and packaged ice cream, ice pop, gum-based, or gelatin-based food product containing at least 0.5% alcohol by volume. Further amends GS 18B-101, modifying the definitions of fortified wine, malt beverage, spirituous liquor or liquor, and unfortified wine to include any alcohol consumables. Applies to offenses committed on or after December 1, 2021.
Amends GS 18B-206 to more generally allow the ABC Commission to set standards and adopt rules for alcoholic beverages (was, specifically for malt beverages, unfortified wine, fortified wine, and spirituous liquor). Makes conforming changes.
Amends GS 18B-804 concerning setting the sale price of spirituous liquor by adding (1) a charge of one cent, for non-bottled products, on each stock keeping unit containing no more than 50 milliliters and five cents on each stock keeping unit containing more than 50 milliliters; and (2) an additional charge for local boards, for non-bottled products, of one cent on each stock keeping unit containing no more than 50 milliliters and five cents on each stock keeping unit containing more than 50 milliliters. Makes conforming changes by no longer referring to those impacted charges as bottle charges. Amends GS 18B-805 by making conforming changes to the provisions concerning a local board's distribution of revenue, to refer to charges instead of bottle charges. Applies to spirituous liquor sold on or after December 1, 2021.
Part XXVIII.
Amends GS 18B-1001 (ABC permits) to add subdivision (22) establishing a common carrier vehicle permit for businesses operating common carriers under a certificate of authority by the North Carolina Utilities Commission to authorize the sale or service of alcohol in the passenger area of a common carrier on journeys of 75 miles or greater and which do not end within 10 miles of where the journey starts. Sets out limitations on hours in which alcohol can be sold, served, or consumed. Sets the permit fee at $1,000. Amends GS 18B-401 (prohibiting transportation of open containers and consumption of alcohol in vehicles) to make conforming changes. Effective 90 days after the date the act becomes law.
Part XXIX.
Enacts GS 18B-1002.2, establishing an international trade market event permit. Provides for permit issuance to a managed food services company, defined as a company that contracts to provide food services in an international trade market and that possesses a mixed beverages permit for a location within the premises described in the application, to sell or serve malt beverages, unfortified wine, fortified wine, or mixed beverages on specifically defined premises in an international trade market at which the managed food services company is providing services for consumption on premises. Defines international trade market as an annual or biannual credentialed event lasting not less than five consecutive days and open only to members of a particular trade or industry. Provides for the permit to be used at two international trade market events of no more than 21 days per event during the duration of the permit. Specifies premises description requirements for the permit application, which can include multiple buildings and public or private outdoor areas, including streets and sidewalks, subject to local acts. Grants permittees discretion over prohibited area locations and times. Requires clear signage for the defined premises at each event. Establishes a 30-day notification requirement for each international trade market event and duration. Requires notification of the ABC Commission of any change in premises bounds prior to permit expiration. Subjects authority under the permit to local restrictions and authorizations regarding the sale of the type of alcoholic beverage offered for sale or service. Sets the permit fee at $250.
Allows any international trade market event permit issued in 2021 to be used for three international trade market events of no more than 21 days per event. Sets expiration of 2021 permits on April 30, 2022.
Part XXX.
Enacts GS 18B-404(f) to require local boards to offer delivery service to mixed beverage permittees, and allowing local boards to use its employees or to contract with one or more independent contractors in providing such delivery. Authorizes local boards to charge a delivery fee to the permittee. Allows local boards in a Tier 1 or Tier 2 county to request an exemption from the Commission. Requires the Commission to grant the exemption request if the local board can show evidence of unreasonable hardship or difficulty incurred by implementing delivery service. Amends GS 18B-701 to allow the local board to contract with more than one independent contractor in delivery spirituous liquor to a mixed beverage permittee. Makes conforming changes. Effective July 1, 2022.
Part XXXI.
Amends GS 18B-1006, changing the criteria that must be met for the Commission to issue permits to boats that conduct regularly scheduled tours on State rivers or waterways. Now requires that the boat must offer food and non-alcoholic beverages for sale on each tour (replacing the requirement for the boat to serve meals on each tour and have a dining area with seating for at least 36 people). Additionally, now requires a boat’s gross receipts from sales of alcoholic beverages to not exceed 25% of its total gross receipts (replacing the requirement for a boat’s gross receipts from food and non-alcoholic beverages to be greater than its gross receipts from alcoholic beverages). Effective October 1, 2021.
Part XXXII.
Expands GS 14-309.26, which authorizes exempt organizations to conduct game nights at qualified facilities, as those terms are defined in GS 14-309.25, subject to the provisions of Part 4 of Article 37, which govern game nights. Adds a new subsection to authorize an exempt organization, defined in GS 14-309.25 to require continuous existence for at least five years, that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code and operates a specialized community residential center for individuals with developmental disabilities licensed under GS Chapter 122C, to conduct a game night in a location that is not a qualified facility so long as the game night is conducted in accordance with the provisions of Part 4 and the exempt organization has been issued a special one-time permit under GS 18B-1002(a)(5) to be used for the game night.
Part XXXIII.
Maintains the directive for the Commission to adopt rules or amend its rules consistent with the act, and the savings clause for offenses committed before the effective date of the act, and organizes them into new Part XXXIII.
The Daily Bulletin: 2021-09-01
House committee substitute amends the 1st edition as follows.
Section 4
Adds upon and makes organizational changes to the proposed new language in GS 143-214.7 regarding stormwater runoff rules and programs. Moves the new provision added to existing subsection (b3) to new subsection (b4), which specifies that the addition of new administrative requirements to an existing permit or certification, including annual compliance certification requirements, are not considered a new or increased stormwater control (which are prohibited by the statute as applicable to preexisting development). Regarding the requirement in new subsection (b4) for permittees of new stormwater permits and stormwater permits that are reissued due to transfer, modification, or renewal to submit an annual certification on the project's conformance with permit conditions, adds that the annual certification must be completed by the permit holder or their designee. Bars the Department of Environmental Quality (DEQ) from requiring the annual certification to be completed by any other party. Additionally, directs DEQ to provide electronic means for submission of the annual certification.
House amendments to the 2nd edition make the following changes.
Section 4
Amendment #1 further amends GS 143-214.7 regarding stormwater runoff rules and programs as follows. Adds to the parameters that must be satisfied in order for the Department of Environmental Quality (DEQ) to transfer a permit without the consent of the owner or of the successor-owner of the property on which the permitted activity is occurring or will occur. Requires that, if the permit holder is a person or entity who has sold the property on which the permitted activity is occurring or will occur, or if the permit holder is the declarant of a condominium or a planned community and the successor-owner is a unit owners' association, then the permit holder is responsible for satisfying the requirements of new subdivision (1d) (which requires inclusion of a written schedule of actions and/or a permit modification application with the transfer permit application if the activity on the property does not conform to the approved plans or permit conditions), and for bringing the property into substantial compliance with the approved plans and permit conditions before the permit is transferred.
Section 12.5
Amendment #2 amends GS 121-4 to allow the Department of Natural and Cultural Resources to recognize gifts received by naming exhibits, features, or programs administered by the Department.
Conference report amends the 2nd edition as follows.
Amends the proposed language in GS 135-48.15, to limit the incentives under a State Health Plan program to encourage its members to report specified activities related to fraud, misappropriation, waste, and abuse by a health care provider, to the lesser of $500 or a maximum of 20% of any net recovery made by the Plan resulting from the member report (was, the lesser of $500 or a maximum of 2% of any net recovery made by the Plan resulting from the member report).
AN ACT TO AMEND VARIOUS ABUSE, NEGLECT, AND DEPENDENCY LAWS TO ENSURE THE SAFETY OF CHILDREN IN OUT-OF-HOME PLACEMENTS AND EXPEDITE PERMANENCY PLANNING HEARINGS FOR CHILDREN WHO HAVE BEEN REMOVED FROM THE HOME; TO CLARIFY THE NONCARETAKER DEFINITION FOR THE RESPONSIBLE INDIVIDUALS LIST; TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF SOCIAL SERVICES, TO DEVELOP A PLAN TO IMPLEMENT A CENTRALIZED HOTLINE FOR CHILD WELFARE INTAKE; TO DEVELOP A PLAN TO INCREASE APPROPRIATE TREATMENT AND RESIDENTIAL SETTINGS; AND TO PROVIDE SAFE AND APPROPRIATE PLACEMENT FOR CHILDREN IN NEED OF MENTAL HEALTH SERVICES. SL 2021-132. Enacted Sept. 1, 2021. Effective Sept. 1, 2021, except as otherwise provided.
AN ACT TO APPOINT PERSONS TO VARIOUS PUBLIC OFFICES UPON THE RECOMMENDATION OF THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. SL 2021-131. Enacted Sept. 1, 2021. Effective Sept. 1, 2021.
| Intro. by Rabon. | UNCODIFIED |
The Daily Bulletin: 2021-09-01
Senate amendment to the 3rd edition makes a clarifying change in the lead-in language in Section 1 of the act.
| Intro. by Lucas, Richardson, Szoka, Wheatley. | UNCODIFIED, Cumberland |
The Daily Bulletin: 2021-09-01
Actions on Bills: 2021-09-01
H 27: IN-SERVICE TRAINING/MAGISTRATES.
H 91: ACCOUNTABILITY AND FAIR PLAY IN ATHLETICS. (NEW)
H 95: WHOLESALE RX DISTRIBUTION LICENSEE CHANGE. (NEW)
H 181: WILDLIFE RESOURCES COMM'N. AMENDMENTS.-AB
H 264: EMERGENCY POWERS ACCOUNTABILITY ACT.
H 320: MODERNIZE REMOTE BUSINESS ACCESS.
H 324: ENSURING DIGNITY & NONDISCRIMINATION/SCHOOLS. (NEW)
H 351: CLIFFORD'S LAW. (NEW)
H 403: CLARIFY MOTOR VEHICLE FRANCHISE LAWS.
H 447: THE JEFF RIEG LAW/PATIENTS RELIGIOUS RIGHTS.
H 476: JUDGES IN STANLY/MONTGOMERY COUNTIES. (NEW)
H 608: DIGNITY FOR WOMEN WHO ARE INCARCERATED.
H 685: ELECTRONIC TRANSACTION FEES/OFFICIAL FEES.
H 769: FOSTER PARENTS' BILL OF RIGHTS.
H 805: PREVENT RIOTING AND CIVIL DISORDER.
H 890: ABC OMNIBUS LEGISLATION.
H 954: VIDEO LOTTERY ENTERTAINMENT. (NEW)
S 60: DISAPPROVE VARIOUS SOLID WASTE RULE CHANGES.
S 99: CLARIFY LAW ON THEFT OF CATALYTIC CONVERTERS.
S 211: AMEND WATER/SEWER RATE ADJUSTMENT MECHANISMS.
S 278: PROP./FAM. LAW-REIMBURSE PROP. EXPENDITURES.
S 321: AMEND NC CONTROLLED SUBSTANCES ACT.
S 389: DEQ/DNCR OMNIBUS.-AB
S 465: TRASH COLLECTION/MULTIFAMILY RESIDENTIAL.
S 542: SHP COMBAT FRAUD/PROPERTY FINDERS STNDS. (NEW)
S 552: LIMIT WHO MAY ADVERTISE/ADOPTION LAWS.
S 593: SCHOOLS FOR THE DEAF AND BLIND. (NEW)
S 693: EXPEDITE CHILD SAFETY AND PERMANENCY.
S 730: KATHERINE M.R. BOSKEN, COMMISSIONER OF BANKS.
S 733: 2021 APPOINTMENTS BILL.
Actions on Bills: 2021-09-01
H 3: CRAVEN BD OF ED/PARTISAN ELECTORAL DISTRICTS. (NEW)
H 24: CHIMNEY ROCK/LAKE LURE DEANNEX-ANNEX. (NEW)
H 143: SWAIN COUNTY SHERIFF VACANCIES.
H 229: EXTEND MAYOR'S TERM TO 4 YRS./CAROLINA SHORES.
H 248: SPRING LAKE CHARTER AMENDMENT.
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