Legislative Updates
2012-125 - AN ACT TO AMEND THE PROCESS BY WHICH MEMBERS OF THE PENDER COUNTY BOARD OF ALCOHOLIC CONTROL ARE SELECTED; TO REMOVE THE REQUIREMENT THAT THE PENDER COUNTY BOARD OF ALCOHOLIC CONTROL LOCATE ONE OR MORE STORES IN THE TOWNS OF BURGAW AND ATKINSON; AND TO AMEND THE DISTRIBUTION OF CERTAIN NET PROFITS FROM THE PENDER COUNTY BOARD OF ALCOHOLIC CONTROL.
2012-4 - AN ACT TO PRESERVE THE THREE-TIER DISTRIBUTION SYSTEM FOR MALT BEVERAGES IN NORTH CAROLINA BY CLARIFYING PROVISIONS OF THE BEER FRANCHISE LAW; AND TO ALLOW THE ABC COMMISSION TO GRANT A WAIVER ALLOWING THE GENERAL MANAGER OF A LOCAL BOARD TO ALSO BE THE FINANCE OFFICER
2012-49 - AN ACT AMENDING THE DIVISION OF ALCOHOLIC BEVERAGE CONTROL PROFITS IN GRANVILLE COUNTY
2011-107 - AN ACT TO ALLOW ALCOHOLIC BEVERAGE PERMITTEES WHO HAVE BEEN ISSUED BREWERY PERMITS TO SELL MALT BEVERAGES BREWED AT THE BREWERY ON THE PREMISES OF THE BREWERY
2011-26 - AN ACT TO ALLOW CONFECTIONERS TO PRODUCE CONFECTIONERIES WHICH CONTAIN NO MORE THAN FIVE PERCENT ALCOHOL BY VOLUME
2011-333 - AN ACT TO AUTHORIZE THE EASTERN BAND OF CHEROKEE INDIANS ... TO RECEIVE SHIPMENTS OF SPIRITUOUS LIQUOR FROM THE NC ABC COMMISSION; TO AUTHORIZE ... A TRIBAL ALCOHOLIC BEVERAGE CONTROL COMMISSION TO REGULATE ALCOHOLIC BEVERAGES AT RETAIL; AND TO AUTHORIZE THE LIMITED TRANSFER OF WINE BY ON-PREMISES WINE PERMITTEES UNDER COMMON OWNERSHIP OR CONTROL
2011-73 - AN ACT TO PROHIBIT A WINE WHOLESALER FROM DISTRIBUTING WINE BEYOND ITS DESIGNATED SALES TERRITORY AND TO AUTHORIZE CERTAIN INTRATERRITORY TRANSFERS OF WINE BETWEEN OFF-PREMISES WINE PERMITTEES UNDER COMMON OWNERSHIP
HOUSE BILL 1717- AN ACT TO MODERNIZE THE NORTH CAROLINA ALCOHOLIC BEVERAGE CONTROL SYSTEM, TO ENSURE THE INTEGRITY OF THE THREE-TIER SYSTEM, TO REQUIRE MINIMUM AGE STANDARDS FOR LAW ENFORCEMENT, AND TO REQUIRE THAT THE CITY OF KANNAPOLIS, THE CITY OF SALISBURY, AND ROWAN COUNTY HAVE EQUAL REPRESENTATION ON THE ROWAN/KANNAPOLIS ABC BOARD.
Summary of Legislation Passed in 2007
18B-302 – SALE TO OR PURCHASE BY UNDERAGE PERSONS. New section (a1) now separates by statute “selling” from “giving” alcoholic beverages to persons under 21. One must now cite (a1) in violations where an underage person is given an alcoholic beverage.
18B-600(e4)(2) – PLACES ELIGIBLE TO HOLD ALCOHOLIC BEVERAGE ELECTIONS. Now cities which are located in two or more counties may hold mixed beverage elections if they have at least 500 registered voters and any county which they are located operates ABC stores or any municipalities in either county operates an ABC store.
18B-603(d)(3) – PLACES ELIGIBLE TO HOLD OFF-PREMISE MALT BEVERAGE AND UNFORTIFIED WINE PERMITS. In any township or municipality which has voted to allow the sale of mixed beverages, the Commission may now issue off-premise malt beverage and unfortified wine permits to those establishments that qualify.
G.S. 18B-902(h) – RECYCLING. On-premise permittees must now submit with their initial application a plan for the collection and recycling of all recyclable beverage containers of all alcoholic beverages sold at retail on the premises.
G.S. 18B-903(b2) – RECYCLING/RENEWAL. On-premise permittees shall submit, along with their annual registration or renewal fees, a current plan for recycling all beverage containers sold at retail on the premises.
G.S. 18B-1006(q) – HOURS OF SALE - PANTHER STADIUM. Alcoholic beverages can now be sold at 11:00 AM on Sundays at Panther Stadium.
G.S. 18B-1006.1 – ADDITIONAL RECYCLING REQUIREMENTS. On-premises permittees who are not able to find a recycler by January 1, 2008, may apply to the ABC Commission for a one-year stay. All requests for stays shall be on a form provided by the Commission and investigated by D.E.N.R.
G.S. 18B-1006.1. Failure to comply with recycling law is not grounds for revocation of permit.
G.S. 18B-1101. An unfortified winery may now obtain a wine-making on-premise permit.
Summary of Legislation Passed in 2006
HOUSE BILL 218 - ACT TO ALTER THE DISTRIBUTION OF THE NET PROCEEDS FROM THE SALE OF ALCOHOLIC BEVERAGES AT THE TOWN OF CLINTON ALCOHOLIC BEVERAGE CONTROL STORES.
HOUSE BILL 825 - ACT TO INCREASE THE MEMBERSHIP OF THE TOWN OF KENANSVILLE ALCOHOLIC BEVERAGE CONTROL BOARD.
HOUSE BILL 1025 - ACT TO MAKE VARIOUS CHANGES TO THE ALCOHOL BEVERAGE CONTROL LAWS.
HOUSE BILL 1048 - ACT TO PROVIDE: (1) IMPROVED DETECTION OF IMPAIRED DRIVERS ON THE STATE'S ROADS AND HIGHWAYS; (2) IMPROVED METHODS OF DETERMINING HOW UNDERAGE DRIVERS OBTAIN ALCOHOL; (3) PROCEDURES FOR INVESTIGATING, ARRESTING, CHARGING, AND JUDICIAL PROCESSING OF IMPAIRED DRIVING OFFENSES; (4) RULES FOR THE COURTROOM ADMISSION OF EVIDENCE THAT IS RELEVANT TO IMPAIRED DRIVING OFFENSES; ....
HOUSE BILL 1841 - ACT TO INCREASE THE NUMBER OF MEMBERS ON THE SHELBY ABC BOARD.
HOUSE BILL 2135 - ACT TO EXEMPT THE SALE OF REAL PROPERTY WHICH WAS OWNED BY THE HIGH POINT ALCOHOLIC BEVERAGE CONTROL BOARD FROM THE REQUIREMENTS OF ARTICLE 12 OF CHAPTER 160A FOR SALES THAT OCCURRED IN 2002 AND 2005.
HOUSE BILL 2136 - ACT TO INCREASE THE NUMBER OF THE CITY OF HIGH POINT ABC BOARD MEMBERS FROM THREE TO FIVE AND TO ESTABLISH TERMS OF OFFICE FOR THE NEWLY APPOINTED MEMBERS.
HOUSE BILL 2465 - ACT TO MAKE A TECHNICAL CORRECTION IN A LOCAL ACT TO CLARIFY THAT THE DISTRIBUTION PROCEDURE IS IN ACCORDANCE WITH 1977 LEGISLATION AS HAS BEEN THE CONTINUOUS PRACTICE SINCE THEN.
SENATE BILL 602 - ACT TO MAKE TECHNICAL CORRECTIONS AND CONFORMING CHANGES TO THE GENERAL STATUTES AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND TO MAKE VARIOUS OTHER CHANGES TO THE GENERAL STATUTES AND SESSION LAWS.
SENATE BILL 1523
