Bill Summary for H 290 (2015-2016)

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Summary date: 

Mar 18 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 290 (Public) Filed Wednesday, March 18, 2015
AN ACT TO PROHIBIT THE SALE, POSSESSION, OR CONSUMPTION OF POWDERED ALCOHOL AND TO CLARIFY THAT THE ADMINISTRATIVE PROCEDURE ACT APPLIES TO CERTAIN ACTIONS TAKEN BY THE ABC COMMISSION.
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Bill summary

Amends GS 18B-101, which defines terms as they are used in GS Chapter 18B, Regulation of Alcoholic Beverages. Adds a definition for powdered alcohol, meaning any powder or crystalline substance capable of being converted into a liquid alcoholic beverage fit for human consumption.

Adds new subsection (a1) to GS 18B-102 to make it unlawful for any person to manufacture, sell, transport, import, deliver, furnish, purchase, consume, or possess powdered alcohol.

Effective May 1, 2015, amends GS 18B-906(a) to clarify that an ABC permit is a license within the meaning of the Administrative Procedure Act (GS 150B-2, Definitions) and an ABC Commission action on issuance, suspension (except supervision due to charging five or more people with specified criminal violations after an undercover operation), or revocation of an ABC permit, other than a temporary permit issued under GS 18B-905, is a contested case subject to the provisions of the APA except for the exceptions provided in GS 18B-906(a), as amended in this act. Amends GS 150B-38(a) to add a new subdivision: (7) The Alcoholic Beverage Control Commission bringing the Commission under Article 3A of GS Chapter 150B, governing other administrative hearings.

Except as otherwise indicated, this act becomes effective when it becomes law.