S453: Modernize ABC Controls. Latest Version

Session: 2021 - 2022

Senate
Passed 1st Reading
Committee
Rules



AN ACT to clarify that a spirituous liquor special event permit for a consumer tasting in an abc store shall be issued in the name of the business listed on the application for the permit; to allow, subject to the adoption of an ordinance, online orders of alcoholic beverages from abc stores; to allow the purchase of spirituous liquor in bottles with personalized labeling; and to authorize certain event centers to seek a mixed beverage permit.

The General Assembly of North Carolina enacts:

 

part i. Permit for ABC Store Tastings/Clarification

SECTION 1.  G.S. 18B‑1114.7(c) is amended by adding a new subdivision to read:

(1a)    The permit shall be issued in the name of the business listed on the application for the permit.

 

part Ii. allow online orders from abc stores

SECTION 2.(a)  G.S. 18B‑800(a) reads as rewritten:

(a)      Spirituous Liquor. – Except as provided in Articles 10 and 11 of this Chapter, spirituous liquor may be sold only in ABC stores operated by local boards. For purposes of this subsection, the term sold only in ABC stores operated by local boards includes online orders placed in accordance with subsection (c3) of this section.

SECTION 2.(b)  G.S. 18B‑800 is amended by adding a new subsection to read:

(c3)    Online Orders. – Subject to the adoption of an ordinance in accordance with G.S. 153A‑145.9 for a county ABC store or G.S. 160A‑205.5 for a city ABC store, an ABC store may accept an online order, including payment, for alcoholic beverages sold in its store. An order placed online pursuant to this subsection shall be picked up in person at the store by a person who is 21 years of age or older. A person shall not be prosecuted for a violation of G.S. 18B‑302(a)(2) for an online sale under this subsection of fortified wine or spirituous liquor to a person less than 21 years old unless the person knew the purchaser was less than 21 years old at the time the online order was placed.

SECTION 2.(c)  Article 6 of Chapter 153A of the General Statutes is amended by adding a new section to read:

§ 153A‑145.9.  Online orders from ABC stores.

A county may adopt an ordinance authorizing its ABC stores to accept an online order for alcoholic beverages sold in the stores.

SECTION 2.(d)  Article 8 of Chapter 160A of the General Statutes is amended by adding a new section to read:

§ 160A‑205.5.  Online orders from ABC stores.

A city may adopt an ordinance authorizing its ABC stores to accept an online order for alcoholic beverages sold in the stores.

SECTION 2.(e)  The ABC Commission shall develop, implement, and maintain an internet‑based system, or adjust and utilize any current internet‑based system it operates, to facilitate the online order of alcoholic beverages sold in participating ABC stores.

SECTION 2.(f)  This section becomes effective July 1, 2021, and applies to sales on or after that date.

 

part iiI. allow personalized label on spirituous liquor purchase

SECTION 3.(a)  G.S. 18B‑800(c1) reads as rewritten:

(c1)    Special Orders of Special Items. – Through the process established by rule of the Commission for special orders of spirituous liquor that are on the special item list approved by the Commission, ABC stores shall allow the purchase of individual bottles of spirituous liquor. ABC stores may sell in store any bottles it receives from a special item case in excess of what was purchased by the requesting customer. Bottles purchased pursuant to this subsection may be affixed with personalized labeling that includes any other labeling requirements set by law. For purposes of this subsection, the term personalized labeling means the inclusion of the name of the purchaser on the label.

SECTION 3.(b)  G.S. 18B‑1105(a)(4) reads as rewritten:

(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 any labeling requirements set by law. A bottle of spirituous liquor sold under this subdivision may have personalized labeling affixed to it that includes any other labeling requirements set by law. For purposes of this subdivision, the term personalized labeling means the inclusion of the name of the purchaser on the label.

SECTION 3.(c)  This section becomes effective July 1, 2021, and applies to spirituous liquor sold on or after that date.

 

part Iv. mixed beverage permit for certain event centers

SECTION 4.(a)  G.S. 18B‑1006 is amended by adding a new subsection to read:

(n2)    Event Centers. – The Commission may issue permits listed in G.S. 18B‑1001(10) and (12), without approval at an election, to qualified establishments defined in G.S. 18B‑1000(2), (4), and (6) that meet all of the following requirements:

(1)        The establishment is located in a county that has more than two man‑made lakes.

(2)        The establishment is located in a county that has approved the sale of malt beverages and unfortified wine but not mixed beverages.

(3)        The establishment is open to the public and includes on its premises a hotel with accommodations for 20 or more overnight guests, agritourism activities as defined in G.S. 99E‑30, and firearm sports.

SECTION 4.(b)  This section is effective when it becomes law.

 

part v. rulemaking and effective date

SECTION 5.(a)  The Alcoholic Beverage Control Commission shall amend its rules consistent with the provisions of this act. The Commission may use the procedure set forth in G.S. 150B‑21.1 to amend any rules as required under this section.

SECTION 5.(b)  Section 1 of this act becomes effective July 1, 2021, and applies to permits issued or renewed on or after that date. Except as otherwise provided, this act is effective when it becomes law.