Senate committee substitute makes the following changes to 1st edition.
Amends GS 18B-109(b), to also prohibit any person from shipping from a point outside North Carolina malt beverages or unfortified wine to the Eastern Band of Cherokee Indians for resale on Indian Country lands within the state under the jurisdiction of the Eastern Band of Cherokee Indians.
Rewrites proposed GS 18B-112 as follows. Makes the Eastern Band of Cherokee Indians exempt from the provisions of GS Chapter 18B, except for the provisions made applicable by the statute. Directs the Eastern Band of Cherokees to adopt the applicable provisions of GS Chapter 18B by ordinance; the ordinance must be approved by the Secretary of the US Department of the Interior and published in the Federal Register. Requires the Eastern Band of Cherokees to hold tribal elections to authorize the activity upon which the vote was held. Specifies the powers and authorities of the tribal alcoholic beverage control commission, and requires compliance with listed provisions of GS Chapter 18B. States that any provision that has not been made applicable by this statute acts as a bar to engaging in the activity authorized by that provision. Prohibits the sale of alcoholic beverages on Indian Country lands under the jurisdiction of the Eastern Band of Cherokees that have not been approved for sale by the NC Alcoholic Beverage Control Commission (ABC Commission). Authorizes the establishment of a tribal alcoholic beverage control commission to regulate alcoholic beverages at retail on land designated Indian Country under jurisdiction of the Eastern Band of Cherokees. Details the authority of the commission, and directs the commission to adopt the rules of the ABC Commission regulating retail outlet activity. Authorizes the ABC Commission to enter into agreements with the tribal commission, and requires the tribal commission to purchase spirituous liquor for resale exclusively from the ABC Commission at the same price and on the same basis that such spirits are purchased by local boards. States that the ABC Commission prevails if there is a conflict between the tribal commission’s authority and the ABC Commission’s authority. Forbids the tribal commission from discriminating against non-Indians in the application of tribal ABC law. Sets out the procedure for the resolution of contested cases. Clarifies that the ABC Commission may terminate and prohibit future delivery of alcoholic beverages if the Eastern Band of Cherokees fails to comply with specified laws. Makes a conforming change to the bill title.