Bill Text: NC S155 | 2017-2018 | Regular Session | Enrolled
Bill Title: ABC Omnibus Legislation
Spectrum: Slight Partisan Bill (Democrat 7-3)
Status: (Passed) 2017-06-30 - Ch. SL 2017-87 [S155 Detail]
Download: North_Carolina-2017-S155-Enrolled.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
SENATE BILL 155
RATIFIED BILL
AN ACT To make various changes to the alcoholic beverage control commission laws.
The General Assembly of North Carolina enacts:
DISTILLERY PERMIT AMENDMENTS
SECTION 1.(a) G.S. 18B‑1105 reads as rewritten:
"§ 18B‑1105. Authorization of distillery permit.
(a) Authorized Acts. – The holder of a distillery permit may do any of the following:
(1) Manufacture, purchase, import, possess and transport ingredients and equipment used in the distillation of spirituous liquor.
(2) Sell, deliver and ship spirituous liquor in closed containers at wholesale to exporters and local boards within the State, and, subject to the laws of other jurisdictions, at wholesale or retail to private or public agencies or establishments of other states or nations.
(3) Transport into or out of the distillery the maximum amount of liquor allowed under federal law, if the transportation is related to the distilling process.
(4) Sell spirituous liquor
distilled at the distillery in closed containers to visitors who tour the
distillery for consumption off the premises. Sales under this subdivision are
allowed only in a county where the establishment of a county or municipal ABC
store has been approved pursuant to G.S. 18B‑602(g) and are subject
to the time and day restrictions in G.S. 18B‑802. Spirituous liquor
sold under this subdivision shall (i) be listed as a code item for sale in the
State, (ii) be sold at the price set by the Commission for the code item
pursuant to G.S. 18B‑804(b), and (iii) have affixed to its bottle a
sticker that bears the words "North Carolina Distillery Tour Commemorative
Spirit" in addition to any other labeling requirements set by law.
Consumers purchasing spirituous liquor under this subdivision are limited to
purchasing, and the selling distillery is limited to selling to each consumer,
no more than one bottlefive bottles of spirituous liquor per 12
month period. The distillery shall use a commonly adopted standard point of
sale system to maintain searchable electronic records captured at the point of
sale, to include the purchaser's name, drivers license number, and date of
birth for at least 12 months from the date of purchase. The Commission shall
adopt rules regulating the retail sale of spirituous liquor under this
subdivision.
(5) Conduct consumer tastings in accordance with G.S. 18B‑1114.7.
(b) Distilleries for Fuel Alcohol. – Any person in possession of a Federal Operating Permit pursuant to Title 27, Code of Federal Regulations, Part 19 (April 1, 2010 Edition), shall obtain a fuel alcohol permit before manufacturing any alcohol. The permit shall entitle the permittee to perform only those acts allowed by the Federal Operating Permit, and all conditions of the Federal Operating Permit shall apply to the State permit."
SECTION 1.(b) G.S. 18B‑804 is amended by adding a new subsection to read:
"§ 18B‑804. Alcoholic beverage pricing.
(a) Uniform Price of Spirituous Liquor. – The retail price of spirituous liquor sold in ABC stores and permitted distilleries shall be uniform throughout the State, unless otherwise provided by the ABC law.
(b) Sale Price of Spirituous Liquor. – The sale of spirituous liquor, including antique spirituous liquor, sold at the uniform State price shall consist of the following components:
(1) The distiller's or the antique spirituous liquor seller's price.
(2) The freight and bailment charges of the State warehouse as determined by the Commission.
(3) A markup for local boards as determined by the Commission.
(4) The tax levied under G.S. 105‑113.80(c), which shall be levied on the sum of subdivisions (1), (2), and (3).
(5) An additional markup for local boards equal to three and one‑half percent (3 1/2%) of the sum of subdivisions (1), (2), and (3).
(6) A bottle charge of one cent (1¢) on each bottle containing 50 milliliters or less and five cents (5¢) on each bottle containing more than 50 milliliters.
(6a) The bailment surcharge.
(6b) An additional bottle charge for local boards of one cent (1¢) on each bottle containing 50 milliliters or less and five cents (5¢) on each bottle containing more than 50 milliliters.
(7) A rounding adjustment, the formula of which may be determined by the Commission, so that the sale price will be divisible by five.
(8) If the spirituous liquor is sold to a mixed beverage permittee for resale in mixed beverages, a charge of twenty dollars ($20.00) on each four liters and a proportional sum on lesser quantities.
(9) If the spirituous liquor is sold to a guest room cabinet permittee for resale, a charge of twenty dollars ($20.00) on each four liters and a proportional sum on lesser quantities.
(b1) Price of Spirituous Liquor Sold at Distillery. – When the holder of a distillery permit sells spirituous liquor distilled at the distillery pursuant to G.S. 18B‑1105(a)(4), the retail price of the spirituous liquor shall be the uniform State price set by subsection (a) of this section. However, the holder of the distillery permit shall not be required to remit the components of the price set forth by subdivisions (2), (3), (5), (6), (6a), (6b), and (7) of subsection (b) of this section.
(c) Sale Price of Fortified Wine. – The sale price of fortified wine shall include the tax levied by G.S. 105‑113.80(b), as well as State and local sales taxes.
(d) Repealed by Session Laws 1985, c. 59, s. 2."
SECTION 1.(c) G.S. 18B‑800 reads as rewritten:
"§ 18B‑800. Sale of alcoholic beverages in ABC stores.
(a) Spirituous Liquor. –
Except as provided in Article 10 Articles 10 and 11 of this
Chapter, spirituous liquor may be sold only in ABC stores operated by local boards.
…."
SECTION 1.(d) The Alcoholic Beverage Control Commission shall adopt temporary rules to amend its rules consistent with this section.
SECTION 1.(e) This section becomes effective July 1, 2017.
CREATE SPIRITUOUS LIQUOR SPECIAL EVENT PERMIT TO ALLOW DISTILLERIES TO GIVE FREE TASTINGS
SECTION 2.(a) G.S. 18B‑301 reads as rewritten:
"§ 18B‑301. Possession and consumption of fortified wine and spirituous liquor.
…
(e) Incident to Sale. – It shall be lawful to possess fortified wine and spirituous liquor at any place, such as an ABC store, where possession is a necessary incident to lawful sale. Consumption at such a place shall be unlawful unless the establishment has a permit authorizing consumption on the premises as well as sale.
(f) Unlawful Possession or Use. – As illustration, but not limitation, of the general prohibition stated in G.S. 18B‑102(a), it shall be unlawful for:
(1) Any person to consume
fortified wine, spirituous liquor, or mixed beverages or to offer such
beverages to another person:person at any of the following places:
a. On the premises of an ABC
store, orstore.
b. Upon any property used or
occupied by a local board, orboard.
c. On any public road,
street, highway, or sidewalk.sidewalk, unless a consumer tasting
authorized by G.S. 18B‑1114.7 is being conducted.
…."
SECTION 2.(b) G.S. 18B‑902(d) is amended by adding new subdivisions to read:
"(d) Fees. – An application for an ABC permit shall be accompanied by payment of the following application fee:
(1) On‑premises malt beverage permit – $400.00.
(2) Off‑premises malt beverage permit – $400.00.
(3) On‑premises unfortified wine permit – $400.00.
(4) Off‑premises unfortified wine permit – $400.00.
(5) On‑premises fortified wine permit – $400.00.
(6) Off‑premises fortified wine permit – $400.00.
(7) Brown‑bagging permit – $400.00, unless the application is for a restaurant seating less than 50, in which case the fee shall be $200.00.
(8) Special occasion permit – $400.00.
(9) Limited special occasion permit – $50.00.
(10) Mixed beverages permit – $1,000.
(11) Culinary permit – $200.00.
(12) Unfortified winery permit – $300.00.
(13) Fortified winery permit – $300.00.
(14) Limited winery permit – $300.00.
(15) Brewery permit – $300.00.
(16) Distillery permit – $300.00.
(17) Fuel alcohol permit – $100.00.
(18) Wine importer permit – $300.00.
(19) Wine wholesaler permit – $300.00.
(20) Malt beverage importer permit – $300.00.
(21) Malt beverage wholesaler permit – $300.00.
(22) Bottler permit – $300.00.
(23) Salesman permit – $100.00.
(24) Vendor representative permit – $50.00.
(25) Nonresident malt beverage vendor permit – $100.00.
(26) Nonresident wine vendor permit – $100.00.
(27) Any special one‑time permit under G.S. 18B‑1002 – $50.00.
(28) Winery special event permit – $200.00.
(29) Mixed beverages catering permit – $200.00.
(30) Guest room cabinet permit – $1,000.
(31) Liquor importer/bottler permit – $500.00.
(32) Cider and vinegar manufacturer permit – $200.00.
(33) Brew on premises permit – $400.00.
(34) Wine producer permit – $300.00.
(35) Wine tasting permit – $100.00.
(36) Repealed by Session Laws 2005‑380, s. 1, effective September 8, 2005, and applicable to wine shipper permit applications submitted on or after that date.
(37) Wine shop permit – $100.00.
(38) Winemaking on premises permit – $400.00.
(39) Wine shipper packager permit – $100.00.
(40) Malt beverage special event permit – $200.00.
(41) Malt beverage tasting permit – $100.00.
(42) Spirituous liquor tasting permit – $100.00.
(43) Antique spirituous liquor permit – $100.00.
(44) Spirituous liquor special event permit – $200.00.
(45) Special auction permit – $750.00."
SECTION 2.(c) Article 11 of Chapter 18B of the General Statutes is amended by adding a new section to read:
"§ 18B‑1114.7. Authorization of spirituous liquor special event permit.
(a) Authorization. – The holder of a supplier representative permit, brokerage representative permit, or distillery permit issued under G.S. 18B‑1105 may obtain a spirituous liquor special event permit allowing the permittee to give free tastings of its spirituous liquors at trade shows, conventions, shopping malls, street festivals, holiday festivals, agricultural festivals, balloon races, local fund‑raisers, and other similar events approved by the Commission.
(b) Limitations. – Any consumer tasting is subject to the following limitations:
(1) The permit holder or the permit holder's authorized agent shall conduct the consumer tasting and the permit holder shall be solely responsible for any violations of this Chapter occurring in connection with the consumer tasting.
(2) The spirituous liquor shall be poured only by either (i) the permit holder conducting the consumer tasting or (ii) an employee or authorized agent of the permit holder conducting the consumer tasting who is at least 21 years of age.
(3) Each consumer shall be limited to one 0.25 ounce tasting sample of any product made available for sampling at the consumer tasting, and the total amount of the tasting samples offered to and consumed by each consumer shall not exceed 1.0 ounce of spirituous liquor in any calendar day.
(4) The permit holder shall not offer tasting samples to, or allow consumption of tasting samples by, any consumer who is visibly intoxicated.
(5) The permit holder shall not offer tasting samples to, or allow consumption of tasting samples by, any consumer under the legal age for consuming spirituous liquor. The person pouring the spirituous liquor shall be responsible for verifying the age of the consumer being served by checking the identification of the consumer.
(6) The permit holder shall not charge a consumer for any tasting sample.
(7) A venue allowing tastings shall designate a tasting area within the venue that enables the permit holder to ensure that the consumer tasting is being conducted in compliance with this section. Consumers shall only be allowed to consume tasting samples within the designated tasting area.
(8) A consumer tasting shall not be allowed unless the venue is located in a jurisdiction that has approved the sale of mixed beverages.
(9) The permit holder may provide point‑of‑sale advertising materials and advertising specialties to consumers at the consumer tasting.
(10) The permit holder shall maintain for a period of at least one year a record of each consumer tasting conducted. The record shall include the date of the consumer tasting, the time of the consumer tasting, an identification of the venue at which the consumer tasting was held, an identification of the spirituous liquor that was provided for tasting at the consumer tasting, and the name of any person who poured spirituous liquor at the consumer tasting. The permit holder shall allow the ABC Commission to inspect those records at any time."
ALLOW SALE OF SPECIFIED ALCOHOLIC BEVERAGES AT AUCTION BY LICENSED AUCTIONEERS
SECTION 3.(a) G.S. 18B‑603(f) reads as rewritten:
"§ 18B‑603. Effect of alcoholic beverage elections on issuance of permits.
…
(f) Permits Not Dependent on Elections. – The Commission may issue the following kinds of permits without approval at an election:
(1) Special occasion permits;permits.
(2) Limited special occasion permits;permits.
(3) Brown‑bagging
permits for private clubs and congressionally chartered veterans organizations;organizations.
(4) Culinary permits, except
as restricted by subdivision (d)(5);subdivision (d)(5).
(5) Special one‑time
permits issued under G.S. 18B‑1002;G.S. 18B‑1002.
(6) All permits listed in G.S.
18B‑1100;G.S. 18B‑1100.
(7) The permits authorized by
G.S. 18B‑1001(1), (3), (5), and (10) for tourism ABC establishments;establishments.
(8) The permits authorized by
G.S. 18B‑1001(1), (3), (5), and (10) for tourism resorts;resorts.
(9) The permits authorized by G.S. 18B‑1001(1), (3), (5), and (10) for historic ABC establishments.
(10) Special auction permits issued under G.S. 18B‑1002.1."
SECTION 3.(b) G.S. 18B‑1002(a)(4) reads as rewritten:
"(a) Kinds of Permits. – In addition to the other permits authorized by this Chapter, the Commission may issue permits for the following activities:
…
(4) A permit may be issued to
a collector of wine orwine, decorative decanters of spirituous liquor
liquor, or antique spirituous liquor authorizing that person to
bring into the State, transport, or possess as a collector, a greater amount of
those alcoholic beverages than is otherwise authorized by this Chapter, or to
sell those alcoholic beverages in a manner prescribed by the Commission."
SECTION 3.(c) Article 10 of Chapter 18B of the General Statutes is amended by adding a new section to read:
"§ 18B‑1002.1. Special auction permit.
(a) Permit Authorized. – A permit may be issued upon application to an auction firm or auctioneer licensed by the North Carolina Auctioneers Commission pursuant to Chapter 85B of the General Statutes to allow the licensed auction firm or auctioneer to sell at auction items described in G.S. 18B‑1002(a)(4). An auction held under this section may receive competing bids that are in person or by telephone, fax, or online.
(b) Conditions of Permit. – A permit issued under this section is valid only for the auction specified in the permit. Any sales under this permit are subject to the purchase restrictions in G.S. 18B‑303.
(c) Administrative Procedure. – Denial or revocation of a permit under this section does not entitle the applicant or permittee to a hearing under Chapter 150B of the General Statutes."
SECTION 3.(d) This section becomes effective October 1, 2017.
ALLOW THE SALE OF ALCOHOLIC BEVERAGES BEFORE NOON ON SUNDAYS, SUBJECT TO LOCAL GOVERNMENT APPROVAL
SECTION 4.(a) G.S. 18B‑1004(c) reads as rewritten:
"§ 18B‑1004. Hours for sale and consumption.
…
(c) Sunday Hours. – It Except
as authorized pursuant to G.S. 18B‑112(b1), 153A‑145.7, or
160A‑205.3, it shall be unlawful to sell or consume alcoholic
beverages on any licensed premises from the time at which sale or consumption must
cease on Sunday morning until 12:00 Noon on that day."
SECTION 4.(b) Article 6 of Chapter 153A of the General Statutes is amended by adding a new section to read:
"§ 153A‑145.7. Hours of certain alcohol sales.
In accordance with G.S. 18B‑1004(c), a county may adopt an ordinance allowing for the sale of malt beverages, unfortified wine, fortified wine, and mixed beverages beginning at 10:00 A.M. on Sunday pursuant to the licensed premises' permit issued under G.S. 18B‑1001."
SECTION 4.(c) Article 8 of Chapter 160A of the General Statutes is amended by adding a new section to read:
"§ 160A‑205.3. Hours of certain alcohol sales.
In accordance with G.S. 18B‑1004(c), a city may adopt an ordinance allowing for the sale of malt beverages, unfortified wine, fortified wine, and mixed beverages beginning at 10:00 A.M. on Sunday pursuant to the licensed premises' permit issued under G.S. 18B‑1001."
SECTION 4.(d) G.S. 18B‑112 is amended by adding a new subsection to read:
"(b1) In accordance with G.S. 18B‑1004(c), the Eastern Band of Cherokee Indians tribe may adopt an ordinance allowing for the sale of malt beverages, unfortified wine, fortified wine, and mixed beverages beginning at 10:00 A.M. on Sunday pursuant to the licensed premises' permit issued under the authority of G.S. 18B‑112(d)."
AUTHORIZE SALE OF cROWLERS BY RETAIL PERMITTEES
SECTION 5.(a) G.S. 18B‑1001 reads as rewritten:
"§ 18B‑1001. Kinds of ABC permits; places eligible.
When the issuance of the permit is lawful in the jurisdiction in which the premises are located, the Commission may issue the following kinds of permits:
(1) On‑Premises Malt
Beverage Permit. – An on‑premises malt beverage permit authorizes (i) the
retail sale of malt beverages for consumption on the premises, (ii) the retail
sale of malt beverages in the manufacturer's original container for consumption
off the premises, and (iii) the retail sale of malt beverages in a cleaned,
sanitized, resealable cleaned and sanitized container that is filled
or refilled and sealed for consumption off the premises and that identifies the
permittee and the date the container was filled or refilled. It also authorizes
the holder of the permit to ship malt beverages in closed containers to
individual purchasers inside and outside the State. The permit may be issued
for any of the following:
a. Restaurants;Restaurants.
b. Hotels;Hotels.
c. Eating establishments;establishments.
d. Food businesses;businesses.
e. Retail businesses;businesses.
f. Private clubs;clubs.
g. Convention centers;centers.
h. Community theatres;theatres.
i. Breweries as authorized by G.S. 18B‑1104(7) and (8).
(2) Off‑Premises Malt
Beverage Permit. – An off‑premises malt beverage permit authorizes (i)
the retail sale of malt beverages in the manufacturer's original container for
consumption off the premises, (ii) the retail sale of malt beverages in a cleaned,
sanitized, resealable cleaned and sanitized container that is filled
or refilled and sealed for consumption off the premises and that identifies the
permittee and the date the container was filled or refilled, and (iii) the
holder of the permit to ship malt beverages in closed containers to individual
purchasers inside and outside the State. The permit may be issued for any of
the following:
a. Restaurants.
b. Hotels.
c. Eating establishments.
d. Food businesses.
e. Retail businesses.
f. The holder of a brewing, distillation, and fermentation course authorization under G.S. 18B‑1114.6. A school obtaining a permit under this subdivision is authorized to sell malt beverages manufactured during its brewing, distillation, and fermentation program at one noncampus location in a county where the permittee holds and offers classes on a regular full‑time basis in a facility owned by the permittee.
(3) On‑Premises
Unfortified Wine Permit. – An on‑premises unfortified wine permit
authorizes (i) the retail sale of unfortified wine for consumption on the
premises, either alone or mixed with other beverages, (ii) the retail sale of
unfortified wine in the manufacturer's original container for consumption off
the premises, and (iii) the retail sale of unfortified wine dispensed from a
tap connected to a pressurized container utilizing carbon dioxide or similar
gas into a cleaned, sanitized, resealable cleaned and sanitized container
that is filled or refilled and sealed for consumption off the premises and that
identifies the permittee and the date the container was filled or refilled. The
permit also authorizes the permittee to transfer unfortified wine, not more
than four times per calendar year, to another on‑premises unfortified
wine permittee that is under common ownership or control as the transferor.
Except as authorized by this subdivision, transfers of wine by on‑premises
unfortified wine permittees, purchases of wine by a retail permittee from
another retail permittee for the purpose of resale, and sale of wine by a
retail permittee to another retail permittee for the purpose of resale are
unlawful. In addition, a particular brand of wine may be transferred only if
both the transferor and transferee are located within the territory designated
between the winery and the wholesaler on file with the Commission. Prior to or
contemporaneous with any such transfer, the transferor shall notify each
wholesaler who distributes the transferred product of the transfer. The notice
shall be in writing or verifiable electronic format and shall identify the
transferor and transferee, the date of the transfer, quantity, and items
transferred. The holder of the permit is authorized to ship unfortified wine in
closed containers to individual purchasers inside and outside the State. Orders
received by a winery by telephone, Internet, mail, facsimile, or other off‑premises
means of communication shall be shipped pursuant to a wine shipper permit and
not pursuant to this subdivision. The permit may be issued for any of the
following:
a. Restaurants;Restaurants.
b. Hotels;Hotels.
c. Eating establishments;Eating
establishments.
d. Private clubs;Private
clubs.
e. Convention centers;Convention
centers.
f. Cooking schools;Cooking
schools.
g. Community theatres;Community
theatres.
h. Wineries;Wineries.
i. Wine producers.
(4) Off‑Premises
Unfortified Wine Permit. – An off‑premises unfortified wine permit
authorizes (i) the retail sale of unfortified wine in the manufacturer's
original container for consumption off the premises, (ii) the retail sale of
unfortified wine dispensed from a tap connected to a pressurized container
utilizing carbon dioxide or similar gas into a cleaned, sanitized,
resealable cleaned and sanitized container that is filled or
refilled and sealed for consumption off the premises and that identifies the
permittee and the date the container was filled or refilled, and (iii) the
holder of the permit to ship unfortified wine in closed containers to
individual purchasers inside and outside the State. The permit may be issued
for retail businesses. The permit also authorizes the permittee to transfer
unfortified wine, not more than four times per calendar year, to another off‑premises
unfortified wine permittee that is under common ownership or control as the
transferor. Except as authorized by this subdivision, transfers of wine by off‑premises
unfortified wine permittees, purchases of wine by a retail permittee from
another retail permittee for the purpose of resale, and sale of wine by a
retail permittee to another retail permittee for the purpose of resale are
unlawful. In addition, a particular brand of wine may be transferred only if
both the transferor and transferee are located within the territory designated
between the winery and the wholesaler on file with the Commission. Prior to or
contemporaneous with any such transfer, the transferor shall notify each
wholesaler who distributes the transferred product of the transfer. The notice
shall be in writing or verifiable electronic format and shall identify the
transferor and transferee, the date of the transfer, quantity, and items
transferred. The permit may also be issued to the holder of a
viticulture/enology course authorization under G.S. 18B‑1114.4. A
school obtaining a permit under this subdivision is authorized to sell wines
manufactured during its viticulture/enology program at one non‑campus location
in a county where the permittee holds and offers classes on a regular full‑time
basis in a facility owned by the permittee. The permit may also be issued for a
winery or a wine producer for sale of its own unfortified wine during hours
when the winery or wine producer's premises is open to the public, subject to
any local ordinance adopted pursuant to G.S. 18B‑1004(d) concerning
hours for the retail sale of unfortified wine. A winery obtaining a permit
under this subdivision is authorized to sell wine manufactured by the winery at
one additional location in the county under the same conditions specified in
G.S. 18B‑1101(5) for the sale of wine at the winery; provided,
however, that no other alcohol sales shall be authorized at the additional
location. Orders received by a winery by telephone, Internet, mail, facsimile,
or other off‑premises means of communication shall be shipped pursuant to
a wine shipper permit and not pursuant to this subdivision.
…
(16) Wine Shop Permit. – A wine
shop permit authorizes (i) the retail sale of malt beverages, unfortified wine,
and fortified wine in the manufacturer's original container for consumption off
the premises, (ii) the retail sale of malt beverages or unfortified wine
dispensed from a tap connected to a pressurized container utilizing carbon
dioxide or similar gas in a cleaned, sanitized, resealable cleaned
and sanitized container that is filled or refilled and sealed for
consumption off the premises and that identifies the permittee and the date the
container was filled or refilled, and (iii) wine tastings on the premises
conducted and supervised by the permittee in accordance with subdivision (15)
of this section. It also authorizes the holder of the permit to ship malt
beverages, unfortified wine, and fortified wine in closed containers to
individual purchasers inside and outside the State. The permit may be issued
for retail businesses whose primary purpose is selling malt beverages and wine
for consumption off the premises and regularly and customarily educating
consumers through tastings, classes, and seminars about the selection, serving,
and storing of wine. The holder of the permit is authorized to sell unfortified
wine for consumption on the premises, provided that the sale of wine for
consumption on the premises does not exceed forty percent (40%) of the
establishment's total sales for any 30‑day period. The holder of a wine‑tasting
permit not engaged in the preparation or sale of food on the premises is not
subject to Part 6 of Article 8 of Chapter 130A of the General Statutes.
…."
SECTION 5.(b) The Alcoholic Beverage Control (ABC) Commission shall adopt rules to implement the provisions of this section by no later than 120 days after this act becomes law. The ABC Commission may adopt temporary rules to comply with the deadline set in this subsection. Any temporary rules adopted in accordance with this subsection shall remain in effect until permanent rules that replace the temporary rules become effective.
AUTHORIZE OFF‑SITE STORAGE LOCATION FOR BREWERIES, WINERIES, AND DISTILLERIES
SECTION 6. Article 11 of Chapter 18B of the General Statutes is amended by adding a new section to read:
"§ 18B‑1120. Noncontiguous storage locations.
A brewery, winery, or distillery may store any alcoholic beverages it manufactures pursuant to a permit issued under this Article at a noncontiguous storage location approved by the Alcohol and Tobacco Tax and Trade Bureau. The permittee must notify the Commission of any storage location used pursuant to this section. Any storage location used pursuant to this section shall be considered part of the premises of the brewery, winery, or distillery manufacturing the alcoholic beverages."
AUTHORIZE SALE OF UNFORTIFIED WINE ON PREMISES BY RETAIL BUSINESSES
SECTION 7. G.S. 18B‑1001(3), as amended by Section 5 of this act, reads as rewritten:
"(3) On‑Premises Unfortified Wine Permit. – An on‑premises unfortified wine permit authorizes (i) the retail sale of unfortified wine for consumption on the premises, either alone or mixed with other beverages, (ii) the retail sale of unfortified wine in the manufacturer's original container for consumption off the premises, and (iii) the retail sale of unfortified wine dispensed from a tap connected to a pressurized container utilizing carbon dioxide or similar gas into a cleaned and sanitized container that is filled or refilled and sealed for consumption off the premises and that identifies the permittee and the date the container was filled or refilled. The permit also authorizes the permittee to transfer unfortified wine, not more than four times per calendar year, to another on‑premises unfortified wine permittee that is under common ownership or control as the transferor. Except as authorized by this subdivision, transfers of wine by on‑premises unfortified wine permittees, purchases of wine by a retail permittee from another retail permittee for the purpose of resale, and sale of wine by a retail permittee to another retail permittee for the purpose of resale are unlawful. In addition, a particular brand of wine may be transferred only if both the transferor and transferee are located within the territory designated between the winery and the wholesaler on file with the Commission. Prior to or contemporaneous with any such transfer, the transferor shall notify each wholesaler who distributes the transferred product of the transfer. The notice shall be in writing or verifiable electronic format and shall identify the transferor and transferee, the date of the transfer, quantity, and items transferred. The holder of the permit is authorized to ship unfortified wine in closed containers to individual purchasers inside and outside the State. Orders received by a winery by telephone, Internet, mail, facsimile, or other off‑premises means of communication shall be shipped pursuant to a wine shipper permit and not pursuant to this subdivision. The permit may be issued for any of the following:
…
j. Retail businesses."
AUTHORIZE TASTINGS DURING BREWERY TOURS
SECTION 8. G.S. 18B‑1104(6) reads as rewritten:
"§ 18B‑1104. Authorization of brewery permit.
The holder of a brewery permit may:
…
(6) Give its products to its
employees and guests customers, visitors, and employees for
consumption on its premises. Nothing in this subdivision shall be construed
as excluding customers and visitors at the brewery as part of a paid or
complimentary tour of the brewery."
AUTHORIZE CERTAIN PERSONS TO SAMPLE ALCOHOLIC BEVERAGES FOR PURPOSES OF SENSORY ANALYSIS, QUALITY CONTROL, OR EDUCATION
SECTION 9. Article 11 of Chapter 18B of the General Statutes is amended by adding a new section to read:
"§ 18B‑1121. Authority to sample for sensory analysis, quality control, or educational purposes.
Except as otherwise prohibited under Article 3 of this Chapter, a commercial permittee licensed under this Article, or its agent or employee, may consume samples of alcoholic beverages it is licensed to sell, free of charge, on its premises for purposes of sensory analysis, quality control, or education."
AMEND HOMEBREWING LAWS
SECTION 10. G.S. 18B‑306 reads as rewritten:
"§ 18B‑306. Making wines and malt beverages for private use.
(a) Authority. – An individual may make,
possess, and transport native wines and malt beverages for his the
individual's own use and for use, the use of his the
individual's family and guests. Native wines shall be made principally
from honey, grapes, or other fruit or grain grown in this State, or from wine
kits containing honey, grapes, or other fruit or grain concentrates, and shall
have only that alcoholic content produced by natural fermentation. Malt
beverages may be made by use of malt beverage kits containing grain extracts or
concentrates.guests, or the use at organized affairs, exhibitions, or
competitions. For purposes of this section, the term "organized affairs,
exhibitions, or competitions" includes homemaker's contests, tastings, and
judgings.
(b) Selling Prohibited. – Wines and malt beverages made pursuant to this section may not be sold or offered for sale.
(c) Kits. – Wine kits and malt beverage kits may be sold in this State.
(d) Permit. – No ABC permit is required to make wines or malt beverages pursuant to this section."
CLARIFY LAW GOVERNING RELATIONSHIP BETWEEN BREWERIES AND AFFILIATED RETAILERS
SECTION 11. G.S. 18B‑1116(a) reads as rewritten:
"(a) Prohibitions. – It shall be unlawful for any manufacturer, bottler, or wholesaler of any alcoholic beverages, or for any officer, director, or affiliate thereof, either directly or indirectly to:
(1) Require that an alcoholic beverage retailer purchase any alcoholic beverages from that person to the full or partial exclusion of any other alcoholic beverages offered for sale by other persons in this State; or
(2) Have any direct or indirect financial interest in the business of any alcoholic beverage retailer in this State or in the premises where the business of any alcoholic beverage retailer in this State is conducted; or
(3) Lend or give to any alcoholic beverage retailer in this State or his employee or to the owner of the premises where the business of any alcoholic beverage retailer in this State is conducted, any money, service, equipment, furniture, fixtures or any other thing of value.
A brewery qualifying under G.S.
18B‑1104(8) to act as a wholesaler or retailer of its own malt beverages G.S. 18B‑1104(7)
or (8) is not subject to the provisions of this subsection section
concerning financial interests in, and lending or giving things of value
to, a wholesaler or retailer with respect to the brewery's transactions with
the retail business on its premises.premises or other retail
locations allowed under G.S. 18B‑1104(8). The brewery is subject
to the provisions of this subsection, however, with respect to its transactions
with all other wholesalers and retailers."
AUTHORIZE BREWERY TAPROOMS TO SELL OTHER ALCOHOLIC BEVERAGES UPON RECEIVING THE APPROPRIATE PERMIT
SECTION 12. G.S. 18B‑1104(7) reads as rewritten:
"(7) In an area where the
sale of any type of alcoholic beverage is authorized by law, and upon
receiving the appropriate permit under G.S. 18B‑1001, sell the
at the brewery, and any additional retail location authorized under
subdivision (8) of this section, any or all of the following:
a. The brewery's malt beverages or malt beverages
that have been approved by the Commission for sale in North Carolina.
b. Malt beverages manufactured by the
permittee in some other state that have been approved by the Commission for
sale in North Carolina only at the brewery upon receiving a permit under G.S.
18B‑1001(1).Carolina.
c. Any other alcoholic beverages approved by the Commission for sale in North Carolina, if sale of the alcoholic beverage is otherwise authorized in that area."
AUTHORIZE BREWERIES WITH PRODUCTION FACILITIES IN OTHER STATES TO DISTRIBUTE TO WHOLESALERS
SECTION 13. G.S. 18B‑1104(4) reads as rewritten:
"(4) Receive malt
beverages manufactured by the permittee in some other state for transshipment
to (i) dealers in other states.states or (ii) wholesalers
licensed under this Chapter as authorized by the ABC laws."
AUTHORIZE FARM BREWERIES
SECTION 14. G.S. 18B‑1104 is amended by adding a new subdivision to read:
"(7a) In an area where the sale of malt beverages has not been authorized, a brewery that produces agricultural products, including barley, other grains, hops, or fruit, used by the brewery in the manufacture of malt beverages may sell the malt beverages owned by the brewery and approved by the Commission for sale in North Carolina at the brewery for on‑ or off‑premise consumption upon (i) obtaining the appropriate permit under G.S. 18B‑1001 and (ii) receiving approval from the governing body of the city where the brewery is located or, if the brewery is not located in a city, the governing body of the county where the brewery is located. Approval may be granted only pursuant to a resolution of the governing body adopted at a regular meeting. Before adopting a resolution approving the sale of malt beverages under this subdivision, a governing board shall hold a public hearing. A notice of the public hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice of the public hearing shall be published the first time not less than 10 days nor more than 25 days before the date fixed for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included."
AMEND LAW GOVERNING BREWERY SALES AT ADDITIONAL RETAIL LOCATIONS
SECTION 15. G.S. 18B‑1104 reads as rewritten:
"§ 18B‑1104. Authorization of brewery permit.
The holder of a brewery permit may:
…
(8) Obtain a malt beverage
wholesaler permit to sell, deliver, and ship at wholesale only malt beverages
manufactured by the brewery. The authorization of this subdivision applies to
a brewery that sells, to consumers at the brewery, to wholesalers, to
retailers, and to exporters, fewer than 25,000 barrels, as defined in
G.S. 81A‑9, of malt beverages produced by it per year. A brewery not
exceeding the sales quantity limitations in this subdivision may also sell the
malt beverages manufactured by the brewery brewery, and malt
beverages produced under subdivision (6a) of this section, at not more than
three other locations in the State, where the sale is legal, upon obtaining the
appropriate permits under G.S. 18B‑1001. A brewery operating any
additional retail location pursuant to this subdivision under a different trade
name than that used at the brewery shall also offer for sale at that
location a reasonable selection of competitive malt beverage products. A
sale at any additional retail location under this subdivision shall not be
considered a wholesale sale for the purposes of Article 13 of this Chapter.
A sale or gift under subdivision (5) or (6) shall not be considered a retail or wholesale sale under the ABC laws."
TAX COMPLIANCE AND REPORTS
SECTION 16.(a) G.S. 18B‑1104, as amended by this act, reads as rewritten:
"§ 18B‑1104. Authorization of brewery permit.
(a) Authorized Acts. – The holder of a brewery permit may:
…
(6a) Receive, in closed
containers, and sell at the brewery, malt beverages produced inside or outside
North Carolina under contract with a contract brewery. The contract brewery
that manufactures the malt beverages shall be responsible for all aspects
associated with manufacturing the product, including maintaining appropriate
records, obtaining label approval in its own name, and remitting the
appropriate taxes. The contract malt beverages may be sold also at affiliated
retail outlets of the brewery physically located on or adjacent to the brewery.
Any malt beverages received from a contract brewery under this subdivision
shall be made available for sale by the brewery to wholesalers for distribution
to retailers, without discrimination, in the same manner as if the malt
beverages were being imported by the brewery. Contract brewing is authorized
between affiliated breweries, but shall not be used as a means to allocate
production quantities between affiliated breweries to obtain a malt beverage
wholesaler permit pursuant to G.S. 18B‑1104(8) subdivision (8)
of this subsection where either brewery would not otherwise qualify for a
permit, and the Commission shall have no authority to grant an exemption to
this requirement pursuant to G.S. 18B‑1116(b).
(7) In an area where the sale
of any type of alcoholic beverage is authorized by law, and upon receiving the
appropriate permit under G.S. 18B‑1001, sell at the brewery, and any
additional retail location authorized under subdivision (8) of this section,subsection,
any or all of the following:
a. The brewery's malt beverages that have been approved by the Commission for sale in North Carolina.
b. Malt beverages manufactured by the permittee in some other state that have been approved by the Commission for sale in North Carolina.
c. Any other alcoholic beverages approved by the Commission for sale in North Carolina, if sale of the alcoholic beverage is otherwise authorized in that area.
…
(8) Obtain a malt beverage
wholesaler permit to sell, deliver, and ship at wholesale only malt beverages
manufactured by the brewery. The authorization of this subdivision applies to a
brewery that sells, to consumers at the brewery, to wholesalers, to retailers,
and to exporters, fewer than 25,000 barrels, as defined in G.S. 81A‑9,barrels
of malt beverages produced by it per year. A brewery not exceeding the sales
quantity limitations in this subdivision may also sell the malt beverages
manufactured by the brewery, and malt beverages produced under subdivision (6a)
of this section,subsection, at not more than three other
locations in the State, where the sale is legal, upon obtaining the appropriate
permits under G.S. 18B‑1001. A brewery operating any additional retail
location pursuant to this subdivision under a different trade name than that
used at the brewery shall also offer for sale at that location a reasonable
selection of competitive malt beverage products. A sale at any additional
retail location under this subdivision shall not be considered a wholesale sale
for the purposes of Article 13 of this Chapter.
(b) Sales or Gifts. – A sale or gift under subdivision (5) or (6) of subsection (a) of this section shall not be considered a retail or wholesale sale under the ABC laws.
(c) Tax Compliance. – By October 1 of each year, the Commission shall confirm that the holder of a brewery permit is in compliance with G.S. 18B‑900(a)(8). The provisions of G.S. 18B‑900(f) apply to the confirmation required under this subsection, except that the Commission may suspend a person's brewery permit until the Commission receives notice from the Department of Revenue that the person is in compliance.
(d) Sales Report Upon Commission Request. – Within 60 days of a request by the Commission, a holder of a brewery permit who obtains a malt beverage wholesaler permit pursuant to subdivision (8) of subsection (a) of this section shall provide a sales report to the Commission. The report shall list separately all of the following for the 12‑month period preceding the date of the request:
(1) The number of barrels of malt beverages sold by the permit holder that were produced by the permit holder.
(2) The quantity and dollar amount of malt beverages sold by the permit holder under subdivision (7) of subsection (a) of this section.
(3) The quantity and dollar amount of malt beverages sold on‑premises under subdivision (8) of subsection (a) of this section.
(4) The quantity and dollar amount of malt beverages sold off‑premises under subdivision (8) of subsection (a) of this section.
(5) The quantity and dollar amount of malt beverages sold under G.S. 18B‑1114.5.
(6) The quantity and dollar amount of malt beverages destroyed, spoiled, or otherwise rendered unsalable.
The Commission shall not request more than one sales report from a brewery within a 12‑month period. The Commission shall keep all information provided pursuant to this subsection confidential except as required by law or requested by the Department of Revenue. The information shall not be a public record under Chapter 132 of the General Statutes.
(e) Definition. – For purposes of this section, the term "barrels" is as defined in G.S. 81A‑9."
SECTION 16.(b) G.S. 18B‑1105 is amended by adding a new subsection to read:
"(c) Tax Compliance. – By October 1 of each year, the Commission shall confirm the holder of a distillery permit is in compliance with G.S. 18B‑900(a)(8). The provisions of G.S. 18B‑900(f) apply to the confirmation required under this subsection, except that the Commission may suspend a person's distillery permit until the Commission receives notice from the Department of Revenue that the person is in compliance."
SECTION 16.(c) G.S. 18B‑903(c1) reads as rewritten:
"(c1) Construction of
Change in Ownership. – Nothing in subsection (c) of this section shall be
construed to limit alternating brewery proprietorships in which the holder of a
brewery permit leases or otherwise makes available its facility to another
holder of a brewery permit. In this arrangement, the tenant brewery shall
maintain title to the malt beverages at all states of the brewing process and
shall be responsible for all aspects associated with manufacturing the product,
including maintaining appropriate records, obtaining label approval in its own
name, and remitting the appropriate taxes. Alternating brewery proprietorships
are authorized between affiliated breweries, but shall not be used as a means
to allocate production quantities between affiliated breweries to obtain a malt
beverage wholesaler permit pursuant to G.S. 18B‑1104(8) G.S. 18B‑1104(a)(8)
where either brewery would not otherwise qualify for a permit, and the
Commission shall have no authority to grant an exemption to this requirement
pursuant to G.S. 18B‑1116(b)."
SECTION 16.(d) G.S. 18B‑1001(1)i. reads as rewritten:
"i. Breweries as
authorized by G.S. 18B‑1104(7) and (8).subdivisions (7) and (8)
of G.S. 18B‑1104(a)."
SECTION 16.(e) G.S. 18B‑1114.5(a) reads as rewritten:
"(a) Authorization. – The
holder of a brewery permit, a malt beverages importer permit, a brewing,
distillation, and fermentation course authorization, or a nonresident malt
beverage vendor permit may obtain a malt beverage special event permit allowing
the permittee to give free tastings of its malt beverages and to sell its malt
beverages by the glass or in closed containers at trade shows, conventions,
shopping malls, malt beverage festivals, street festivals, holiday festivals,
agricultural festivals, balloon races, local fund‑raisers, and other
similar events approved by the Commission. Except for a brewery operating under
the provisions of G.S. 18B‑1104(8), G.S. 18B‑1104(a)(8),
all malt beverages sampled or sold pursuant to this section must be
purchased from a licensed malt beverages wholesaler."
SECTION 16.(f) G.S. 18B‑1116(a), as amended by this act, reads as rewritten:
"§ 18B‑1116. Exclusive outlets prohibited.
(a) Prohibitions. – It shall be unlawful for any manufacturer, bottler, or wholesaler of any alcoholic beverages, or for any officer, director, or affiliate thereof, either directly or indirectly to:
…
A brewery qualifying under G.S. 18B‑1104(7)
or (8)subdivision (7) or (8) of G.S. 18B‑1104(a) is not
subject to the provisions of this section concerning financial interests in,
and lending or giving things of value to, a wholesaler or retailer with respect
to the brewery's transactions with the retail business on its premises or other
retail locations allowed under G.S. 18B‑1104(8).G.S. 18B‑1104(a)(8).
The brewery is subject to the provisions of this subsection, however, with
respect to its transactions with all other wholesalers and retailers."
SECTION 16.(g) G.S. 18B‑1305(a1) reads as rewritten:
"(a1) Termination by a
Small Brewery. – A brewery's authorization to distribute its own malt beverage
products pursuant to G.S. 18B‑1104(8) G.S. 18B‑1104(a)(8)
shall revert back to the brewery, in the absence of good cause, following
the fifth business day after confirmed receipt of written notice of such
reversion by the brewery to the wholesaler. The brewery shall pay the
wholesaler fair market value for the distribution rights for the affected
brand. For purposes of this subsection, "fair market value" means the
highest dollar amount at which a seller would be willing to sell and a buyer
willing to buy at the time the self‑distribution rights revert back to
the brewery, after each party has been provided all information relevant to the
transaction."
SIMPLIFY LOCAL LICENSING APPLICATIONS
SECTION 17. G.S. 105‑113.70 reads as rewritten:
"§ 105‑113.70. Issuance, duration, transfer of license.
(a) Issuance,
Qualifications. – Each person who receives an ABC permit shall obtain the
corresponding local license, if any, under this Article. All local licenses are
issued by the city or county where the establishment for which the license is
sought is located. The information required to be provided and the
qualifications for a local license are the same as the information and
qualifications required for the corresponding ABC permit. Upon proper
application and payment of the prescribed tax, issuance of a local license is
mandatory if the applicant holds the corresponding ABC permit. No
documentation shall be required of the applicant except as provided in this
section. Issuance of a local license is mandatory if the applicant holds the
corresponding ABC permit and provides all of the following: (i) a copy of the most
recently completed State application form for an ABC permit exclusive of any
attachments, (ii) the ABC permit for visual inspection, and (iii) payment of
the prescribed tax. No local license may be issued under this Article until
the applicant has received from the ABC Commission the applicable permit for
that activity, and no county license may be issued for an establishment located
in a city in that county until the applicant has received from the city the
applicable license for that activity.
(b) Duration. – All licenses issued under this section are annual licenses for the period from May 1 to April 30.
(c) Transfer. – A license may not be transferred from one person to another or from one location to another.
(d) License Exclusive. – A local government may not require a license for activities related to the manufacture or sale of alcoholic beverages other than the licenses stated in this Article."
CLARIFY WINERY SPECIAL EVENT LOCATIONS
SECTION 18. G.S. 18B‑1114.1 reads as rewritten:
"§ 18B‑1114.1. Authorization of winery special event permit.
(a) Authorization. – The holder of an unfortified winery permit, a limited winery permit, a viticulture/enology course authorization, or a wine producer permit may obtain a winery special permit allowing the winery or wine producer to give free tastings of its wine, and to sell its wine by the glass or in closed containers, at trade shows, conventions, shopping malls, wine festivals, street festivals, holiday festivals, agricultural festivals, balloon races, local fund‑raisers, farmers markets, and other similar events approved by the Commission.
(b) Limitation. – A winery special event permit is valid only in a jurisdiction that has approved the establishment of ABC stores or has approved the sale of unfortified wine."
RULES
SECTION 19.(a) Except as otherwise provided, the Alcoholic Beverage Control (ABC) Commission shall adopt temporary rules to implement the provisions of this act. Temporary rules adopted in accordance with this section shall remain in effect until permanent rules that replace the temporary rules become effective.
SECTION 19.(b) Any rule or policy adopted by the ABC Commission that does not comply with the provisions of this act shall be null, void, and without effect.
EFFECT OF HEADINGS
SECTION 20. The headings to the sections of this act are a convenience to the reader and are for reference only. The headings do not expand, limit, or define the text of this act.
EFFECTIVE DATE
SECTION 21. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 29th day of June, 2017.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
_____________________________________
Roy Cooper
Governor
Approved __________.m. this ______________ day of ___________________, 2017
