Bill Summary for H 890 (2021)

Summary date: 

May 11 2021

Bill Information:

View NCGA Bill Details2021
House Bill 890 (Public) Filed Tuesday, May 4, 2021
AN ACT TO MAKE VARIOUS CHANGES TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION LAWS.
Intro. by Moffitt, Boles, Willingham, Saine.

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Bill summary

House committee substitute makes the following changes to the 2nd edition.

Part I.

Revises new subsection (a3) of GS 18B-800 to now authorize ABC stores to accept online orders and payments for alcoholic beverages sold in its store so long as the person picking up the order, who is legally entitled to purchase alcoholic beverages, is the person who placed the order. Adds that an online order that is not picked up within a time period determined by the ABC Commission must be returned to inventory in the ABC store and the person who placed the order refunded.

Directs the ABC Commission to adopt rules to determine how long a product purchased by an online order pursuant to new GS 18B-800(c3) to be set aside before being returned to inventory at an ABC store. 

Part V.

Revises new Article 62B to GS Chapter 18B as follows. Adds to the required membership of the North Carolina Spirituous Liquor Advisory Council required to be appointed by the Commissioner of Agriculture, at least one representative of the NC Association of ABC Boards.

Part VI.

Revises 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, establishing hours during which sales are permitted as follows, rather than permitting sales within the time and day restrictions of permittees under GS 18B-1004 (current law requires sales within the time and day restrictions of ABC stores set forth in GS 18B-802). Authorizes sales between 9:00 a.m. and 9:00 p.m. Monday through Saturday, between 12:00 p.m. to 9:00 p.m. on Sundays, and between 9:00 a.m. and 9:00 p.m. on New Year's Day, Fourth of July, Labor Day, and Thanksgiving Day, if these holidays do not fall on a Sunday. 

Modifies the proposed changes to GS 18B-1114.7 to eliminate currently authorized locations of free tastings by spirituous liquor special event permittees (which may be holders of supplier representative permits, brokerage representative permits, or distillery permits), to no longer include shopping malls, street festivals, holiday festivals, and balloon races. Revises the expanded authority of the permittee to allow selling mixed beverages containing spirituous liquor or sell  spirituous liquor in closed containers at the same premises described for free tastings, as amended, to specify that these sales must contain or be of the spirituous liquor distilled or produced at the distillery. Adds a new limit, requiring the sale of spirituous liquor in closed containers under a spirituous liquor special event permit to be limited to 50 milliliter mini-bottle per customer.

Makes changes to the heading provided to Part XIII.

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