Bill Summary for H 91 (2019-2020)

Summary date: 

Apr 17 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 91 (Public) Filed Monday, February 18, 2019
AN ACT TO EXEMPT MIXED BEVERAGE PERMITTEES FROM THE PURCHASE-TRANSPORTATION PERMIT REQUIREMENT FOR SPIRITUOUS LIQUOR; TO REQUIRE THE ABC COMMISSION TO SUBMIT A QUARTERLY REPORT ON ITS PROCESS FOR OBTAINING A CONTRACT FOR STATE WAREHOUSE SERVICES; TO ALLOW THE PURCHASE OF INDIVIDUAL BOTTLES WHEN PLACING A SPECIAL ORDER OF SPIRITUOUS LIQUOR; TO ALLOW LOCAL ABC BOARDS TO CHARGE A DELIVERY FEE WHEN DELIVERING SPIRITUOUS LIQUOR TO MIXED BEVERAGES PERMITTEES; TO ALLOW LOCAL GOVERNMENTS THE OPTION OF OPERATING ABC STORES ON SUNDAYS; AND TO ALLOW SPIRITUOUS LIQUOR TASTINGS AT ABC STORES, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.
Intro. by McGrady, Boles, Horn, Willingham.

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Bill summary

House committee substitute to the 1st edition makes the following changes.

Amends the act's long title. Deletes Part I of the act, which amended GS 18B-700 and GS 18B-703 to require counties with multiple ABC systems to merge their systems by June 30, 2021.

Part II.

Deletes the proposed changes to GS 18B-303 and GS 18B-403 regarding purchasing and transporting spirituous liquor. Instead, amends GS 18B-303 to authorize a mixed beverage permittee or an employee of the permittee 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 under GS 18B-403. Also authorizes an independent contractor employed to deliver spirituous liquor under GS 18B-701(a)(1), as amended, by either a mixed beverage permittee or a local ABC board to transport any amount of fortified or spirituous liquor for use by a mixed beverage permittee without obtaining a purchase-transportation permit. Makes conforming changes. Makes conforming changes to GS 18B-403, which provides for purchase-transportation permits. Maintains that the provisions apply to fortified wine and spirituous liquor purchased on or after July 1, 2019.

Part IV.

Eliminates the proposed changes to GS 18B-800(c) to instead maintain existing language to prohibit any ABC store from selling any alcoholic beverage that has not been approved by the ABC Commission (Commission). Modifies proposed subsection (c1), regarding the purchase of individual bottles from special orders, to more specifically refer to the special item list approved by the Commission and a special item case. Deletes the proposed authorization for the Commission to establish and charge a fee for special orders. Maintains the effective date of July 1, 2019.

Now requires the Commission to develop and implement an online system to facilitate the sale, purchase, transport, delivery, of spirituous liquor items by and among local ABC boards, including listing items on the regular approved list of items and the special items list maintained by the Commission. Also requires the Commission to develop and implement an online system to allow mixed beverage permittees to track special orders from the special list online, including the date the special order is placed with the Commission by the local ABC board and the expected date the permittee can take possession of the special order. 

Part V. 

Modifies the proposed changes to GS 18B-701 to now authorize a local board providing delivery of spirituous liquor to a mixed beverage permittee to use its employees or contract with an independent contractor. Maintains that a local board can charge a delivery fee to the permittee, but removes the qualification that the fee be sufficient to cover actual costs of delivery. Also authorizes a mixed beverage permittee to contract with an independent contractor to provide delivery of spirituous liquor from an ABC board's store or warehouse to the permittee's premises. Maintains the effective date of July 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.

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