GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
HOUSE BILL 98
RATIFIED BILL
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.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 18B-1001(1) reads as rewritten:
"(1) On-Premises Malt Beverage Permit. - An on-premises malt beverage permit authorizes the retail sale of malt beverages for consumption on the premises and the retail sale of malt beverages in the manufacturer's original container for consumption off the premises. 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;
b. Hotels;
c. Eating establishments;
d. Food businesses;
e. Retail businesses;
f. Private clubs;
g. Convention centers;
h.
Community theatres.theaters;
i. Breweries as authorized by G.S. 18B-1104(7).
The
permit may also be issued to certain breweries as authorized by G.S. 18B-1104(7)."
SECTION 2. G.S. 18B-1104(7) reads as rewritten:
"§ 18B-1104. Authorization of brewery permit.
The holder of a brewery permit may:
(1)
Manufacture malt beverages;beverages.
(2)
Purchase malt, hops and other ingredients used in the manufacture of malt beverages;beverages.
(3)
Sell, deliver and ship malt beverages in closed containers to wholesalers
licensed under this Chapter as authorized by the ABC laws, except that malt
beverages may be sold to exporters and nonresident wholesalers only when the
purchase is not for resale in this State;State.
(4)
Receive malt beverages manufactured by the permittee in some other state for
transshipment to dealers in other states;states.
(5)
Furnish or sell marketable malt beverage products, or packages which do not
conform to the manufacturer's marketing standards, if State taxes have been or
will be paid, to its employees for the use of the employees or their families
and guests in this State;State.
(6)
Give its products to its employees and guests for consumption on its premises;premises.
(7)
In areas In an area where the sale is legal,of any type
of alcoholic beverage is authorized by law, sell the brewery's malt
beverages at the brewery upon receiving a permit under G.S. 18B-1001(1).
The brewery also may 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 at not
more than three other locations in the State 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
shall also offer for sale at that location a reasonable selection of
competitive malt beverage products.
A sale or gift under subdivision (5) or (6) shall not be considered a retail or wholesale sale under the ABC laws."
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 1st day of June, 2011.
_____________________________________
Walter H. Dalton
President of the Senate
_____________________________________
Thom Tillis
Speaker of the House of Representatives
_____________________________________
Beverly E. Perdue
Governor
Approved __________.m. this ______________ day of ___________________, 2011