GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
HOUSE BILL 829
RATIFIED BILL
AN ACT to allow certain abc permittees to sell malt beverages in certain containers for consumption off the permitted premises.
The General Assembly of North Carolina enacts:
SECTION 1. 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
andpremises, (ii) the retail sale of malt beverages in the
manufacturer's original container for consumption off the premises.premises,
and (iii) the retail sale of malt beverages in a cleaned, sanitized, resealable
container as defined in 4 NCAC 2T .0308(a) that is filled or refilled and
sealed for consumption off the premises, complies with 4 NCAC 2T .0303, 4 NCAC
2T .0305, and 4 NCAC 2T .0308(d)-(e), and the container 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;
b. Hotels;
c. Eating establishments;
d. Food businesses;
e. Retail businesses;
f. Private clubs;
g. Convention centers;
h. Community theatres;
i. Breweries as authorized by G.S. 18B-1104(7).
(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 and it authorizespremises,
(ii) the retail sale of malt beverages in a cleaned, sanitized, resealable
container as defined in 4 NCAC 2T .0308(a) that is filled or refilled and
sealed for consumption off the premises, complies with 4 NCAC 2T .0303, 4 NCAC
2T .0305, and 4 NCAC 2T .0308(d)-(e), and the container 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.
…
(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, and authorizespremises,
(ii) the retail sale of malt beverages in a cleaned, sanitized, resealable
container as defined in 4 NCAC 2T .0308(a) that is filled or refilled and
sealed for consumption off the premises, complies with 4 NCAC 2T .0303, 4 NCAC 2T
.0305, and 4 NCAC 2T .0308(d)-(e), and the container 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 2. The ABC Commission shall adopt rules dealing with sanitation of growlers by January 1, 2014.
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 6th day of June, 2013.
s/ Daniel J. Forest
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
_____________________________________
Pat McCrory
Governor
Approved __________.m. this ______________ day of ___________________, 2013