GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                   2

HOUSE BILL 667

Committee Substitute Favorable 5/6/09

Short Title:        2009 Viticulture/Enology Act.	(Public)
Sponsors:
Referred to:

March 19, 2009

A BILL TO BE ENTITLED

AN ACT to Amend the state's abc laws to create an exemption for accredited community colleges, colleges, and universities for the manufacture, POSSESSion, and consumption of alcoholic beverages for the purpose of conducting scientific, chemical, PHARMACEUTICAL, mechanical, industrial, and educational research, to allow WINE PRODUCERS AND wineries holding an off‑premises unfortified winery permit to sell UNFORTIFIED wine at their premises during business hours, and to allow wineries to sell their wine at an ADDITIONAL LOCATION in the county under specified conditions.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 18B‑1001(4) reads as rewritten:

"(4)      Off‑Premises Unfortified Wine Permit. – An off‑premises unfortified wine permit authorizes the retail sale of unfortified wine in the manufacturer's original container for consumption off the premises and it authorizes 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 may also be issued for a winery or a wine producer for sale of its own unfortified wine. 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."

SECTION 2.  G.S. 18B‑103 is amended by adding a new subdivision to read:

"(5a) The manufacture, possession, and consumption of alcoholic beverages for the purpose of conducting scientific, chemical, pharmaceutical, mechanical, industrial, and educational research in connection with teaching, research, or extension programs conducted by, or under the supervision of, an instructor at an accredited community college, public or private college or university, or an extension agent in connection with educational programs and activities offered by the North Carolina Cooperative Extension Service."

SECTION 3.  This act is effective when it becomes law.