Senate committee substitute replaces the content of the 4th edition as follows.
Section 1
Adds a new subsection to GS 18B-301 making it lawful to possess an open container of fortified wine or spirituous liquor without an ABC permit in a social district or a designated consumption area under a common area entertainment permit which complies with GS 18B-300.1 or GS 18B-1001.5, respectively, as enacted by the act.
Section 2
Repeals GS 18B-1000(4a) (defining multi-tenant establishment) and GS 18B-1001(21) (providing for a common area entertainment permit for multi-tenant establishments). Replaces the provisions with the following.
Enacts GS 18B-1001.5, creating a common area entertainment permit (common permit), issuable to the owner or property owners' association of a multi-tenant establishment that has at least two tenants within the establishment that are ABC permittees, defined as a business that is a tenant of a multi-tenant establishment that holds at least one of the following ABC permits: an on-premises malt beverage permit, an on-premises unfortified wine permit, an on-premises fortified wine permit, a mixed beverage permit, a wine shop permit, or a distillery permit (previous GS 18B-1001(21) did not include wine shop permittees). States legislative policy and specifies that the statute does not limit the consumption or possession of alcoholic beverages otherwise allowed under GS Chapter 18B. Includes defined terms. Defines 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 contains or contain multiple businesses that sell food, goods, services, or a combination of food, goods, and services, and that include or are connected by common areas; includes a mixed-use development, as defined. Allows customers of a permittee to exit the permittee's licensed premises with an open container of the alcoholic beverage sold by the tenant and consume the beverage within the confines of any indoor or outdoor designated consumption area. Requires the owner or property owners' association of a multi-tenant establishment that holds a common permit to designate one or more areas as designated consumption areas, including the premises of any business that is open to customers and allows outside alcoholic beverages on its premises, privately maintained streets, parking spaces, sidewalk, and courtyards. Allows permittees to be included in the designated area that excludes open containers from other permittees.
Requires clearly marking the boundaries of the designated consumption area, with discretion to the property owner or owners' association; excludes vertical boundaries. Requires the owner or owners' association to submit to the ABC Commission for review and approval a plat or site map of the designated consumption areas clearly marked or a detailed map of the relevant buildings on the property with the designated consumption area clearly marked. Requires submission of the plat or map for each permit renewal and within at least 10 days prior to any adjustments to the designated consumption area. Limits consumption of customer-purchased beverages within the designated consumption area to the hours that the beverages may be sold under GS 18B-1004, which prohibits the sale and consumption of malt beverages, unfortified wine, fortified wine, or mixed beverages between the hours of 2:00 a.m. and 7:00 a.m. in any place that has been issued a permit under GS 18B-1001 or GS 18B-1105, and before noon on Sundays, subject to further local limitations. Allows the owner or owners' association to further limit the days and hours of consumption in the designated consumption area. Requires posting authorized consumption days and hours on the property. Establishes requirements for the sale of open containers by permittees for customers exiting the premises to the designated consumption area, including container criteria, such as clearly identifying the permittee and the designated consumption area, limiting the container to 16 fluid ounces, including a "drink responsibly" statement on the container, and by January 1, 2024, requiring containers not be glass. Subjects sales to the drink limitations of GS 18B-1010. Sets forth six limitations for consumption of open containers in the designated area, unless otherwise allowed by law and permitted in the designated area, including complying with container requirements and number limitations set out in GS 18B-1010. Permits possession of closed containers in the designated consumption area as authorized by the Chapter.
Deems non-permittee businesses within a designated consumption area not responsible for the enforcement of the Chapter. Provides signage requirements for non-permittees that allow consumption on their premises during times when the designated consumption area is active, and requires allowing law enforcement access to the customer-accessible areas during that time. Requires the owner or owners' association to comply with the statute, but deems them not responsible for the enforcement of the Chapter, and limits actions against them by the ABC Commission to knowing violations or knowingly allowing violation of the Chapter.
Section 3
Repeals GS 18B-904.1 (authorization for cities and counties to adopt ordinances designating a social district). Replaces the provisions with the following.
Enacts GS 18B-300.1, authorizing a city or county to adopt an ordinance designating one or more social districts, meaning a defined area in which a person may consume alcoholic beverages sold by a permittee, defined as an establishment holding any of the following permits: an on-premises malt beverage permit, an on-premises unfortified wine permit, an on-premises fortified wine permit, a mixed beverage permit, a wine shop permit, or a distillery permit (previous GS 18B-904.1 did not include wine shop permittees, and limited cities and counties to designating one social district). States legislative policy and specifies that the statute does not limit the consumption or possession of alcoholic beverages otherwise allowed under GS Chapter 18B. Includes defined terms.
Details four requirements for designated social districts, including (1) posting the social district's area, hours (limited to the hours permitted under GS 18B-1004), and other information related to enforcement and consumption; (2) requiring the city or county or its designee, permitted to be a private entity, to establish, approve, and post management and maintenance plans, boundaries, and hours of the social district to its website; (3) requiring ABC Commission approval of the social district's detailed map, hours, and days, with further approval only required if the geographic footprint is amended; and (4) requiring the city or county or its designee, permitted to be a private entity, to develop or approve and distribute uniform signs to non-permittee businesses included in the district that allow beverages on their premises while the district is active, which must be displayed at all times when the district is active. Requires the governing body of the city or county to approve any management and maintenance plans. Allows the city or county to establish guidelines in the ordinance establishing the social district or in its management and maintenance plan to allow for suspension of regular district days and hours in all or part of the social district during events requiring other permits. Allows permittees to be included in the social district who choose to exclude open containers purchased from other permittees. Prohibits customers from bringing beverages into a non-permittee business that does not display the uniform sign. Prohibits requiring non-permittee businesses to participate or be included in a social district or allow customers to bring beverages on its premises.
Establishes requirements for the sale of open containers by permittees for customers exiting the premises to the social district, including container criteria, such as clearly identifying the permittee and the social district, limiting the container to 16 fluid ounces, including a "drink responsibly" statement on the container, and prohibiting glass containers. Subjects sales to the drink limitations of GS 18B-1010. Sets forth six limitations for consumption of open containers in the social district, except where otherwise allowed by local ordinance, including complying with container requirements and number limitations set out in GS 18B-1010. Permits possession of closed containers in the social district as authorized by the Chapter. Deems non-permittees within a social district not responsible for the enforcement of the Chapter. Provides signage requirements for non-permittees that allow consumption on their premises, and requires allowing law enforcement access to the customer-accessible areas during that time. Allows permittees and non-permitted businesses in a multi-tenant establishment located within a social district to participate in the district regardless of a common permit. Establishes special event permits for events taking place partially or entirely within a social district, subject to permittee authority, notice, and hour limitations specified.
Makes conforming changes to the following: GS 18B-502, GS 18B-904, GS 153A-145.9, and GS 160A-205.4.
Section 4
Enacts GS 18B-300.2, allowing a local government that has established a social district to enter into a memorandum of understanding (MOU) with an owner or owners' association of a multi-tenant establishment that has a common permit with a designated consumption area bordering the social district boundary, allowing for possession and consumption of approved open containers of both the social district and the designated consumption area during mutual active times, subject to the requirements of social districts and common permits and designated consumption areas set forth in GS 18B-300.1 and GS 18B-1001.5, as enacted. Prohibits customers from taking glass containers into a contiguous social district or the area of an overlapping social district outside the designated consumption area. Requires the holder of the common permit to submit a copy of the MOU to the ABC Commission, signed by both parties. Allows termination of the MOU by either party notifying the other party and the ABC Commission in writing.
Changes the act's titles.
The Daily Bulletin: 2022-06-23
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The Daily Bulletin: 2022-06-23
Senate committee substitute deletes the content of the 2nd edition and replaces it with the following.
Section 1
Repeals GS 18B-1103, which allowed a winery holding an unfortified winery permit and that produces its wine principally from honey, grapes or other fruit or grain grown in this State to obtain a limited winery permit under which the winery could give visitors free tasting samples of the wine.
Section 2
Amends GS 18B-902 by adding a $300 fee for a packaging and logistics permit.
Enacts new GS 18B-1110.1 which allows the holder of a packaging and logistics permit to perform six specified activities, including: (1) receiving, in closed containers, malt beverages, unfortified wine, fortified wine, and spirituous liquor from a supplier, for the purpose of packaging, repacking, labeling, relabeling, storage, and shipping; (2) subject to record-keeping requirements, transport into or out of the State in closed containers the maximum amounts of malt beverages, unfortified wine, fortified wine, and spirituous liquor allowed under federal law, if the transportation is related to the packaging, labeling, sale, or storage allowed by this statute, and (3) sell, deliver, and ship malt beverages, unfortified wine, and fortified wine as provided in this statute in closed containers to suppliers and wholesalers licensed under GS Chapter 18B. Specifies that the permit does not allow the holder to manufacture alcoholic beverages except for packaging, repackaging, labeling, and relabeling. Prohibits the permit holder from selling, delivering, or shipping malt beverages, unfortified wine, fortified wine, or spirituous liquor directly to consumers or to retail establishments in the State. Specifies that this statue does not abrogate the provisions of GS 18B-1119 (supplier's financial interest in wholesaler). Specifies that malt beverage and wine distribution agreements applicable between a wholesaler and an original supplier are governed by Articles 12 (Wine Distribution Agreements) and 13 (Beer Franchise Law) of GS Chapter 18B.
Effective August 1, 2022.
Section 3
Repeals GS 18B-403 which sets out provisions governing the issuance and use of a purchase transportation permit. Makes a conforming change to GS 18B-101 by removing the listed exclusion for a purchase transportation permit. Makes conforming changes to GS 18B-600, GS 18B-901, GS 18B-1001, GS 18B-1002, and GS 18B-1007.
Repeals GS 18B-303 which limited what a person purchases at one time without a permit to: (1) not more than 80 liters of malt beverages, except draft malt beverages in kegs for off-premises consumption; (2) any amount of draft malt beverages by a permittee in kegs for on-premise consumption; (3) not more than 50 liters of unfortified wine; and (4) not more than eight liters of either fortified wine or spirituous liquor, or eight liters of the two combined. Included exceptions, including specified exceptions for individuals with a purchase-transportation permit and mixed beverage permittees, or their employees. Makes conforming changes to GS 18B-1002.1 and GS 18B-1006.
Repeals GS 18B-400 which provided that a person may transport at one time the same amount of alcoholic beverages allowed to be bought under GS 18B-303(a), with exceptions allowed for those with a purchase-transportation permit and distillery representatives.
Amends GS 18B-401 by removing the cap on how much fortified wine or spiritous liquor (or combination thereof) may be transported by each passenger in a for-hire passenger vehicle.
Repeals GS 18B-402 which limited the amount of alcoholic beverages purchased out of state that a person may bring into North Carolina to the same amounts that may be legally transported within the State under GS 18B-400 or GS 18B-403 (also repealed in this act), with a cap on spirituous liquor of four liters.
Repeals GS 18B-403.1 concerning purchase-transportation permits for keg or kegs of malt beverages.
Repeals the following subsections of GS 18B-404: (1): (a) which allowed a mixed beverages permittee may designate an employee to purchase and transport spirituous liquor as authorized by the permittee's permit; (2): (b) which provided that if mixed beverages sales have been approved for an establishment the specified statutes, or for an establishment located in a township in which mixed beverages have been approved the purchase-transportation permit for that establishment may be issued by the local board of any city located in the same county as the establishment, provided the city has approved the sale of mixed beverages and specified that otherwise a licensed establishment may obtain a mixed beverages purchase-transportation permit only from the local board for the jurisdiction in which it is located; and (3): (d) which required a purchase-transportation permit for a mixed beverages permittee to authorize the purchase and transportation only of 355 milliliter or larger containers. Makes conforming changes to GS 18B-603 and GS 18B-1006.
Repeals GS 18B-405 which allowed holders of a permit for the retail sale of malt beverages, unfortified wine, or fortified wine, to transport in the course of his business any amount of the alcoholic beverage he is authorized to sell, without a purchase-transportation permit or a commercial transportation permit.
Repeals GS 18B-406 which made it illegal to transport a greater amount of alcoholic beverage than permitted by Article 4 (Transportation), unless the transportation is authorized under Article 11 (Commercial Activity).
Repeals GS 18B-701(a)(7), thereby removing a local ABC board's authority to issue purchase-transportation permits.
Amends GS 18B-1115 as follows: (1) removes the provision requiring a permit for each person transporting alcoholic beverages in excess of the specified amounts of malt beverages other than those in kegs, unfortified wine, fortified wine or spirituous liquor; (2) remove the prohibition on obtaining a permit to transport spirituous liquor unless the transportation is for delivery to a federal reservation over which North Carolina has ceded jurisdiction to the US, for delivery to an ABC store, or for transportation through this State to another; and (3) make gender neutral and makes a technical change.
Section 4
Revises the provisions of GS 18B-903(c), relating to the change in ownership of the premises of an ABC permitted establishment, which requires all ABC permits to automatically expire if ownership changes. Places the existing provisions regarding automatic expiration in new subdivision (1) of the subsection, including existing thresholds for acquired shares or stock of a partnership or corporation that constitutes a change in ownership. Enacts new language in subdivision (2) to allow any person who becomes lawfully entitled to the use and control of the premises of a permitted establishment to continue its operation to the same extent as the prior permittee, so long as the person submits an application for a new permit to the ABC Commission within 60 days after the change in ownership. Mandates that the permit expires automatically if the person does not apply for a new permit within 60 days after the change in ownership. Makes conforming changes.
Section 5
Enacts GS 18B-1006(a)(11), establishing a new exception to the prohibition against issuing permits to a business on the campus or property of a public school, college, or university. Allows for the sale of malt beverages, unfortified wine, fortified wine, or mixed beverages for consumption on the premises at a professional sporting event held at a stadium owned by a community college that is located in a township that has previously voted to allow the operation of ABC stores, if the Board of Trustees of the community college has voted to allow the issuance of permits for use at the stadium. Requires the Board of Trustees to give the ABC Commission written notice of its vote to allow the issuance of permits. Allows for the issuance of any ABC permits described in GS 18B-1001 (providing 23 distinct ABC permits), 18B-1002(a)(2) (providing a special one-time permit for nonprofit organizations for a fundraising event), or GS 18B-1002(a)(5) (providing for a special one-time permit for a local government or nonprofit for fundraising for the local government). Defines 'premises of a stadium' as the area within 500 feet of the furthest exterior building wall, perimeter fence, or permanent fixed perimeter; designated by the stadium in a map or written description and included in the permit application; and designated in a manner that enable the stadium to ensure compliance with GS Chapter 18B.
Section 6
Replaces the definition of private bar under Article 10, Retail Activity, GS Chapter 18B. Defines the term as an establishment that is primarily engaged in the business of selling alcoholic beverages and that does not serve prepared food; excludes a brewery, winery, or distillery (previously, defined as an establishment organized and operated for-profit that is not open to the public but is open only to the members of the organization and their guests for the purpose of allowing its members and their guests to socialize and engage in recreation).
Section 7
Amends GS 18B-1001(12) to allow a mixed beverages catering permit to also be issued to a distillery (currently, limited to hotels and restaurants). Specifies that a mixed beverages catering permit issued to a distillery allows the distillery to bring spirituous liquor onto the premises where a hotel or restaurant is catering food for an event and serve the liquor to guests at the event, regardless of whether the hotel or restaurant holds the same permit.
Section 8
Amends GS 18B-1105, expanding the authority of distillery permittees to allow a permittee to sell mixed beverages containing spirituous liquor produced at that distillery for consumption on the premises, upon obtaining a mixed beverages permit under GS 18B-1001, in an area where the sale of mixed beverages has not been approved by a local election.
Changes the act's titles.
| Intro. by Moffitt. | GS 18B |
The Daily Bulletin: 2022-06-23
House amendment to the 3rd edition makes the following changes.
Revises the directive to local health departments and registers of deeds to accept paper death certificates, now requiring acceptance of paper death certificates until August 31, 2022 (was, until December 31, 2022), as the Department of Health and Human Services works to implement the NC Database Application for Vital Events (NCDAVE) system.
Adds the following. Amends GS 130A-115, adding a new subsection to require electronic filing of death certificates beginning September 1, 2022, with NCDAVE system. Bars individuals responsible for the certification of death from failing or refusing to certify the death certificate using the designated electronic system. Makes willful and knowing violations of this subsection subject to administrative penalties in the amount of $250 for first violations, $500 for second violations, and $1,000 for subsequent violations.
The Daily Bulletin: 2022-06-23
Senate committee substitute to the 1st edition adds the following content.
Replaces the existing provisions of Section 5, SL 1983-984, setting the compensation and expense allowances of the members of the Weldon City Board of Education (Board) at the same compensation and allowances as permitted for members of the Halifax County Board of Education under GS 115C-38, which allows for the tax-levying authority of the local school administrative unit to fix member compensation and expense allowances. Now sets the compensation of the Board's chair at $650 monthly, and members of the Board at $550 monthly. Beginning July 1, 2025, allows for the chair and members' compensation to be increased by a majority vote of the Board, not to exceed 4% in any four-year period. Beginning July 1, 2021, authorizes the Board to establish an expense allowance for the chair and members by majority vote. Makes conforming and technical changes. Makes conforming changes to the act's titles.
The Daily Bulletin: 2022-06-23
Actions on Bills: 2022-06-23
H 83: REV. LAWS TECH., CLARIFYING, & ADMIN. CHANGES. (NEW)
H 159: EDUCATION LAW CHANGES. (NEW)
H 177: EXTEND SPIKING MORATORIUM/LGERS SURETY. (NEW)
H 211: SOCIAL DISTRICT/COMMON AREA CLARIFICATIONS. (NEW)
H 252: BAIL BOND/BONDSMEN PROVISIONS/OTHER CHANGES. (NEW)
H 327: VARIOUS ADMINISTRATIVE LAW CHANGES. (NEW)
H 332: HISTORIC SITES-PROPERTY SALE REVENUE.
H 560: PUBLIC SAFETY REFORM.
H 619: WESTON'S LAW. (NEW)
H 661: AGE REQ. MOD'S/CAP PROJ. OVERSIGHT/BEAD CORRECT. (NEW)
H 768: 2022 ABC OMNIBUS. (NEW)
H 807: UNIFORMED HEROES VOTING ACT.
H 974: HONOR JERRY CARTER, FORMER MEMBER.
H 1007: AUTHORIZE CONCURRENT JUVENILE JURISDICTION.
H 1008: SEX OFFENDER/PROBATION/VICTIMS CHANGES. (NEW)
H 1056: RET. & TREASURY ADMIN. CHANGES ACT OF 2022.-AB
H 1058: RET. & TREASURY TECH. CORRECTIONS ACT OF 2022.-AB
H 1068: UNC NON-APPROPRIATED CAPITAL PROJECTS. (NEW)
S 101: REQUIRE COOPERATION WITH ICE 2.0.
S 138: FUNERAL DIR. EXAM/DEATH CERTS. (NEW)
S 278: PROP./FAM. LAW-REIMBURSE PROP. EXPENDITURES.
S 410: OPEN MEETINGS/VARIOUS BOARD ADJ./PUBLIC RECORDS. (NEW)
S 470: ABC TECHNICAL AND OTHER CHANGES. (NEW)
S 593: SCHOOLS FOR THE DEAF AND BLIND. (NEW)
S 766: ORGANIZED RETAIL THEFT.
Actions on Bills: 2022-06-23
H 995: GREENSBORO DEANNEX/WELDON CITY BD OF ED PAY. (NEW)
H 1004: TROUTMAN CHARTER REVISED & CONSOLIDATED.
H 1012: JACKSONVILLE DEANNEX/SOUTHERN PINES/ETJ. (NEW)
H 1026: NORTH WILKESBORO DEANNEXATION.
H 1044: BEECH MOUNTAIN AND MORGANTON DEANNEXATIONS. (NEW)
H 1045: MAYLAND CC/BLUE RIDGE HOTEL TRANSFER AUTH.
H 1061: CURRITUCK COUNTY GAME COMMISSION/LICENSING.
H 1065: CLYDE/ANDREWS DEANNEX; VARIOUS LAND TRANSFERS. (NEW)
H 1096: SURF CITY DEANNEXATION.
H 1169: ELECT THOMASVILLE CITY BD. OF ED. (NEW)
S 754: NASHVILLE/REVISED & CONSOLIDATED CHARTER.
S 755: CLINTON-SAMPSON COUNTY AIRPORT LEASES.
S 773: GOLDSTON SATELLITE ANNEXATIONS.
S 815: SHELBY/ZEBULON CHANGES. (NEW)
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