H693: Common Carrier ABC Permit. Latest Version

AN ACT To create a Common carrier vehicle abc permit.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 18B‑1001 is amended by adding a new subdivision to read:

(22)    Common Carrier Vehicle Permit. – Notwithstanding the results of any local election, a permit under this subdivision may be issued to a business primarily engaged in this State in the intrastate operation of common carriers of passengers and operating under a certificate of authority issued by the North Carolina Utilities Commission. A common carrier vehicle permit authorizes the sale or service of malt beverages, unfortified wine, fortified wine, and mixed beverages in the passenger area of a common carrier of passengers for consumption by passengers in the passenger area during journeys of 75 miles or longer that do not terminate within 10 miles of the origin of the journey. The permit issued to the business shall cover all common carriers of passengers owned by the business. The permit or a copy of the permit shall be prominently displayed on each common carrier of passengers on which alcoholic beverages are served or sold. Notwithstanding G.S. 18B‑101(12a), the passenger area of a permittee's common carrier of passengers constitutes the premises for the permit. This permit shall not allow consumption of alcohol on a common carrier of passengers by any employee of the permittee. A permittee may not sell or serve alcoholic beverages to a passenger between the hours of 2:00 A.M. and 7:00 A.M. and a passenger may not be allowed to consume alcoholic beverages between the hours of 2:30 A.M. and 7:00 A.M. Notwithstanding G.S. 18B‑1004(c) or any local ordinance, alcoholic beverages may be sold or consumed beginning at 10:00 A.M. on Sundays. For purposes of this subdivision, a common carrier of passengers has the same meaning as in G.S. 20‑4.01(27)d.

SECTION 2.  G.S. 18B‑902(d) reads as rewritten:

(d)      Fees. – An application for an ABC permit shall be accompanied by payment of the following application fee:

(48)      Common carrier vehicle permit – $1,000.

SECTION 3.  G.S. 18B‑401 reads as rewritten:

§ 18B‑401.  Manner of transportation.

(a)        Opened Containers. – It Except as authorized by a common carrier vehicle permit under G.S. 18B‑1001(22), it shall be unlawful for a person to transport fortified wine or spirituous liquor in the passenger area of a motor vehicle in other than the manufacturer's unopened original container. It shall be unlawful for a person who is driving a motor vehicle on a highway or public vehicular area to consume in the passenger area of that vehicle any malt beverage or unfortified wine. Violation of this subsection shall constitute a Class 3 misdemeanor.


SECTION 4.  This act becomes effective August 1, 2021.