Bill Text: NC S24 | 2015-2016 | Regular Session | Amended

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Bill Title: Liquor Sales - Permitted Distilleries

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-02-04 - Ref To Com On Rules and Operations of the Senate [S24 Detail]

Download: North_Carolina-2015-S24-Amended.html

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GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

S                                                                                                                                                     1

SENATE BILL 24

 

 

Short Title:        Liquor Sales ‑ Permitted Distilleries.		(Public)
Sponsors:	Senators Gunn (Primary Sponsor);  Foushee, Rabin, Van Duyn, and Woodard.
Referred to:	Rules and Operations of the Senate.

February 4, 2015

A BILL TO BE ENTITLED

AN ACT to allow distillery permit holders to sell spirituous liquor distilled on premises to visitors of the distillery for consumption off the premises and to expand the list of places at which free spirituous liquor tastings may be held.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 18B‑1105(a) reads as rewritten:

"(a)       Authorized Acts. – The holder of a distillery permit may:may do any of the following:

(1)        Manufacture, purchase, import, possess and transport ingredients and equipment used in the distillation of spirituous liquor;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;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 of the distillery for consumption off the premises. Sales pursuant to this subdivision are allowed only in an area where the establishment of an ABC store has been approved pursuant to G.S. 18B‑602(g). Spirituous liquor sold at a distillery pursuant to this subdivision shall be sold at the price set by the Commission for the corresponding North Carolina code item, including all applicable excise taxes, bottles charges, and sales taxes. All excise taxes, bottle charges, and sales taxes shall be remitted to the Department of Revenue. In addition to any other labeling requirements set by law, spirituous liquor sold pursuant to this subdivision shall have affixed to its bottle a sticker that shall bear the words "North Carolina Distillery Tour Commemorative Spirit." Consumers purchasing spirituous liquor under this subdivision shall be limited to purchasing, per calendar year, no more than one of any North Carolina code item listed for sale in the State. Retail sales of spirituous liquor pursuant to this subdivision shall be subject to the hours and days of sales provision in G.S. 18B‑802. The authorization of this subdivision applies to a distillery that manufactures less than 100,000 proof gallons per year. The Commission shall adopt rules regulating the retail sale of spirituous liquor under this subdivision."

SECTION 2.  G.S. 18B‑1001(19) reads as rewritten:

"(19)    Spirituous liquor tasting permit. – The holder of any distillery permit authorized by G.S. 18B‑1105 may conduct a consumer tasting event on the premises of the distillerydistillery, or at trade shows, conventions, shopping malls, beverage festivals, street festivals, holiday festivals, agricultural festivals, balloon races, local fundraisers, and other similar events approved by the Commission, subject to the following conditions:

a.         Any person pouring spirituous liquor at a tasting shall be an employee of the distillery owned by the permit holder and at least 21 years of age.

b.         The person pouring the spirituous liquor shall be responsible for checking the identification of patrons being served at the tasting.

c.         Each consumer is limited to tasting samples of 0.25 ounce of each spirituous liquor which total no more than 1.5 ounces of spirituous liquor in any calendar day.

d.         The consumer shall not be charged for any spirituous liquor tasting sample.

e.         The spirituous liquor used in the consumer tasting event shall be distilled at the distillery where the event is being heldowned by the permit holder conducting the event.

f.          A consumer tasting event shall not be allowed when the sale of spirituous liquor is otherwise prohibited.

g.         Tasting samples are not to be offered to, or allowed to be consumed by, any person under the legal age for consuming spirituous liquor.

The distillery permit holder shall be solely liable for any violations of this Chapter occurring in connection with the tasting. The Commission shall adopt rules to assure that the tastings are limited to samplings and not a subterfuge for the unlawful sale or distribution of spirituous liquor and that the tastings are not used by industry members for unlawful inducements to retail permit holders."

SECTION 3.  G.S. 18B‑301(f)(1) reads as rewritten:

"(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.         OnExcept as authorized by G.S. 18B‑1001(19), on any public road, street, highway, or sidewalk."

SECTION 4.  This act is effective when it becomes law.