S.L. 1967-222

NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

CHAPTER 222

SENATE BILL 2

AN ACT TO AMEND ARTICLE 3, CHAPTER 18, OF THE GENERAL STATUTES, SO AS TO PERMIT THE TRANSPORTATION, POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES FOR PERSONAL USE.

The General Assembly of North Carolina do enact:

Section 1. Section 51 of Chapter 18 of the General Statutes of North Carolina is hereby rewritten in its entirety to read as follows:

"G.S. 18-51. Possession and Consumption of Alcoholic Beverages at Designated Places. Notwithstanding any other provisions of Chapter 18 of the General Statutes of North Carolina, it shall be lawful in any county or municipality of this State for any person, who is at least twenty-one years of age, to possess, for lawful purposes, alcoholic beverages, as denned in G.S. 18-60, in quantities not in excess of one gallon, unless otherwise authorized, provided that said alcoholic beverages are obtained from an authorized alcoholic beverage control store within this State, or from a lawful source outside this State, and provided that said alcoholic beverages are possessed for a purpose other than for sale or barter, and provided that said alcoholic beverages are purchased, possessed, and consumed in accordance with this and other applicable Sections of Chapter 18, and including the following:

(1) Transportation. A person may transport, not for sale or barter, not more than one gallon of alcoholic beverages to and from any place where the beverage may be lawfully possessed or consumed; but if the cap or seal on the container or containers has been opened or broken, it shall be unlawful to transport the same in the passenger area of any motor vehicle.

(2) Residence and Related Places. A person may possess and consume said alcoholic beverages in his private residence, or in any private residence of another where permission has been given, or in any hotel or motel room which said person has rented or to which he is invited, or at any place of secondary residence similarly used, where permitted by the owner. A person may also possess and consume said alcoholic beverages, but not in view of the general public, on any other private property not primarily engaged in commercial entertainment and not open to the general public at the time, when such person, association or corporation has obtained the express permission of the owner or person lawfully in possession of said property, and when said alcoholic beverages are consumed by said person, his family, or his bona fide guests, or bona fide guests of the association or corporation; provided, however, this sentence shall not be construed to permit or in any way or manner authorize the possession or consumption of alcoholic beverages on premises for which a permit is required pursuant to subsections (3), (4), or (5) of G.S. 18-51.

(3) Social Establishments. Any person, association, or corporation may furnish facilities, located on its premises, which facilities shall not be open to the general public, for the storage of alcoholic beverages for its bona fide members, in quantities not in excess of one gallon for each member, unless otherwise authorized, and for consumption by its members and their guests, but subject to the following conditions:

(a) The establishment is organized and operated solely for purposes of a social, recreational, patriotic, or fraternal nature; and

(b) It has a valid permit from the State Board of Alcoholic Control for this purpose; and

(c) The alcoholic beverages shall be stored in individual lockers and the name of the beverage owner shall be clearly displayed on both the locker and the bottle or bottles; and

(d) Any alcoholic beverages stored in any locker shall be for the exclusive use of the member and his guests, and shall not be sold or distributed to any other person.

(4) Special Occasions. Alcoholic beverages in quantities in excess of one gallon may be possessed by a person on a special occasion, subject to the rules and regulations adopted by the State Board of Alcoholic Control, not for sale or barter, for the use and consumption of himself and his guests, when he meets one or more of the following requirements:

(a) He is using his personal residence or premises under his exclusive control, or

(b) He is using a facility, as a member, as denned in subsection (3) of this Section, and said facility has a valid permit from the State Board of Alcoholic Control for this purpose; or

(c) He is using a commercial establishment or any part thereof for a private meeting or party limited in attendance to members or guests of a particular person, group, association, or organization, and said commercial establishment has obtained a permit from the State Board of Alcoholic Control for this purpose.

(5) Restaurants and Related Places. It shall be unlawful for any person to possess or consume any alcoholic beverages of any and all kinds, other than fortified or sweet wines, which contain more than fourteen per cent (14%) of alcohol by volume, on the premises of any business establishment which is not permitted under subsections (2), (3), or (4), of this Section, unless said establishment meets the following requirements:

(a) The premises have an inside dining area with a seating capacity of at least 36 persons, and a separate kitchen facility; and

(b) The business is engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging; and provided further, the State Board of Alcoholic Control shall have broad power to examine the type and nature of the business, and the combination and location of separate or affiliated businesses at the same location to determine if the establishment is a bona fide restaurant-type facility; and

(c) The business has a valid permit from the State Board of Alcoholic Control for this purpose, including the requirement that the business post the type of notices required by said Board.

(6) Unlawful Possession or Use. It shall be unlawful for:

(a) Any person to drink alcoholic beverages or to offer a drink to another person,

(i) on the premises of a county or municipal liquor control store, or

(ii) upon any premises used or occupied by a county or municipal alcoholic control board, or

(iii) on any public road, street or highway.

(b) Any person to be or become intoxicated in any public place.

(d) Any person to possess or consume any alcoholic beverages upon any of the premises designated under subsections (3), (4), or (5) of this Section, unless there is conspicuously displayed a valid permit or notice on said premises from the State Board of Alcoholic Control, as required therein.

(e) Any person, association, or corporation to permit any alcoholic beverages to be possessed or consumed upon any premises not authorized pursuant to Chapter 18, North Carolina General Statutes.

(f) Any person to possess or consume any alcoholic beverages upon any premises where not authorized by law, or where said person has been forbidden to possess or consume alcoholic beverages by the owner, operator or person in charge of said premises.

(g) Any person, firm or corporation to refuse to surrender any permit or notice upon request of the State Board of Alcoholic Control, or to falsely display any such notice, or to display any notice not permitted by the State Board of Alcoholic Control, or to obtain any facsimile permit or notice from any person.

(7) Permits. Any person, association or corporation making application for a permit under subsections (3), (4)(b), 4(c), or (5), of this Section shall file said application and appropriate fee with the State Board of Alcoholic Control, and said Board shall have the exclusive authority, not inconsistent herewith, in issuing any permit, or in renewing, suspending or revoking any temporary or annual permit, pursuant to the specific authority of G.S. 18-51, and each subsection thereof, and pursuant to the other provisions of Chapter 18, North Carolina General Statutes. The additional provisions relating to said permits are as follows:

(a) Said Board may issue temporary permits where application in proper form has been received, with applicable fees, which shall be valid for 90 days, unless sooner suspended or revoked. No applicant or permittee shall be entitled to any hearing with reference to the issuance, suspension or revocation of any temporary permit.

(b) Any temporary or annual permit shall be suspended or revoked by said Board, upon the suspension or revocation of any other permit or license by the State Board of Alcoholic Control, pursuant to any other Section of Chapter 18, North Carolina General Statutes.

(c) All annual permits issued under this Section shall be valid until May 1, 1968, unless sooner suspended or revoked, and thereafter all annual permits shall be valid for one year, renewable on May 1, 1968 and annually thereafter, unless sooner suspended or revoked.

(d) Any person, association or corporation shall promptly surrender any permit issued hereunder upon request of said Board.

(e) Before exercising any privilege granted hereunder, and immediately upon the receipt of any temporary or annual permit, said person, association, or corporation receiving the same, shall keep conspicuously displayed said permit, and in addition, shall post a notice or notices, approved by said Board, designating the type of permit that is applicable to the premises. The Board shall approve and designate the type of signs, notices, and exhibits that may be displayed or used on any premises.

(f) All permits shall be the property of the State Board of Alcoholic Control, and no permit shall be transferable, and upon the termination of any business, or upon a change of ownership or control, all permits issued hereunder shall be immediately surrendered to said Board.

(g) All permits shall be issued for a designated location, and may not be transferred to any other location; a separate permit being required for each separate location of any business.

(h) Said Board shall not refuse the issuance of any permit to any person, firm or corporation who shall comply with the provisions of this Article, and the issuance of a permit shall not be arbitrary in any case, but issuance of a permit shall be mandatory to any person, firm or corporation complying with the provisions of Chapter 18, North Carolina General Statutes.

(8) Fees. Applications for permits shall be accompanied by appropriate fees, payable to the State Board of Alcoholic Control, which shall not be refundable in case a permit is refused, suspended or revoked. No additional fees or licenses shall be collected by any county or municipality under this Section, and the fees received by the State Board of Alcoholic Control shall be deposited with the State Treasurer of North Carolina, as in the case of any other permit fees collected by said Board. No additional charge shall be imposed for any temporary permit, and the schedule of fees for the original permit is as follows:

(a) Two hundred dollars ($200.00) for a social establishment as defined in subsection (3).

(b) Two hundred dollars ($200.00) for a commercial establishment as defined in subsection (4)(c).

(d) Two hundred dollars ($200.00) for a restaurant as defined in subsection (5) having 50 or more seating capacity.

(e) Three hundred dollars ($300.00) for any establishment which obtains licenses under two or more of the foregoing schedules for the same premises.

(f) The annual renewal fees for such permits shall be twenty-five per cent (25%) of the original permit as herein set forth.

(9) Penalty. Violation of any provision of this Section shall constitute a misdemeanor, and shall be punishable by fine, or imprisonment, or both, in the discretion of the Court."

Sec. 2. Section 39 of Chapter 18 of the General Statutes of North Carolina is hereby amended by adding a new subsection at the end of subsection (14) to read as follows:

"(15) To promulgate rules and regulations for the control and use of alcoholic beverages pursuant to the provisions of G.S. 18-51, and each subsection thereof, to the end that said Section be strictly construed to control the dispensation of alcoholic beverages in the exercise of the police power of this State; to establish forms and procedures for receiving applications and granting permits, and for suspension and revocation, hearing and reviews, with respect to any person, association or corporation that seeks, obtains or holds a permit for any purpose authorized by G.S. 18-51, and each subsection thereof; to apply to this Article of Chapter 18, the Statutes, rules and regulations provided for under Article 4, Chapter 18, of the General Statutes of North Carolina, insofar as they are applicable; to issue, renew, suspend or revoke any temporary or annual permit required pursuant to the provisions of G.S. 18-51, and each subsection thereof; and from time to time to adopt, amend or repeal reasonable rules and regulations for the purpose of carrying out the provisions of this Article, but not inconsistent herewith, which rules and regulations shall become effective on the tenth day after adoption and the filing of a certified copy thereof in the office of the Secretary of State."

Sec. 3. Section 90.1 of Chapter 18 of the General Statutes of North Carolina is hereby rewritten to read as follows:

"G.S. 18-90.1. Sale to or Purchase by Minors. It shall be unlawful for:

(1) Any person, firm or corporation knowingly to sell or give any of the products described in G.S. 18-64 to any minor under 18 years of age.

(2) Any minor under 18 years of age to purchase or possess, or for anyone to aid or abet such minor in purchasing any of the products described in G.S. 18‑64.

(3) Any person, firm or corporation knowingly to sell or give any of the products described in G.S. 18-60 to any minor under 21 years of age.

(4) Any minor under 21 years of age to purchase or possess, or for anyone to aid or abet such minor in purchasing any of the products described in G.S. 18‑60."

Sec. 4. Section 11 of Chapter 18 of the General Statutes of North Carolina is hereby amended by adding a new sentence at the end of the present Section, as follows:

"It shall not be unlawful to possess liquor at such other places as are authorized by other provisions of Chapter 18, North Carolina General Statutes."

Sec. 5. Section 15 of Chapter 18 of the General Statutes of North Carolina is hereby amended by changing the "." at the end of said Section to a ";" and adding the following:

"provided, however, this Section shall not prohibit the storage of any form of intoxicating liquor that is specifically authorized or permitted by Article 3, the Alcoholic Beverage Control Act of 1937, as amended."

Sec. 6. Subsection (2) of Section 32 of Chapter 18 of the General Statutes of North Carolina is hereby rewritten to read as follows:

"(2) The possession of more than one gallon of spirituous liquors at any one time, whether in one or more places; provided, however, it shall not be unlawful to possess spirituous liquors where specifically authorized or permitted by Article 3, the Alcoholic Beverage Control Act of 1937, as amended; or".

Sec. 7. Section 49 of Chapter 18 of the General Statutes of North Carolina is hereby rewritten to read as follows:

"G.S. 18-49. Transportation, Not in Excess of One Gallon, Authorized; Transportation in Course of Delivery to Stores. It shall not be unlawful for any person to transport a quantity of alcoholic beverages not in excess of one gallon from a county in North Carolina coming under the provisions of this Article to or through another county in North Carolina not coming under the provisions of this Article: Provided, said alcoholic beverages are not being transported for the purpose of sale, and provided further that the container or containers of said alcoholic beverages are maintained within any vehicle as regulated and provided for in this Article. Nothing contained in this Article shall be construed to prevent the transportation through any county not coming under the provisions of this Article, of alcoholic beverages in actual course of delivery to any alcoholic beverage control board established in any county coming under the provisions of this Article."

Sec. 8. Section 58 of Chapter 18 of the General Statutes of North Carolina is hereby rewritten to read as follows:

"G.S. 18-58. Transportation into State; and Purchase, Other Than From Stores, Prohibited. It shall be unlawful for any person, firm, or corporation, to purchase in or to bring into this State, any alcoholic beverage from any source, except from a control store operated in accordance with this Article, except a person may purchase legally outside of this State and bring into the same for his own personal use not more than one gallon of alcoholic beverage; Provided, that the container or containers of said alcoholic beverages are maintained within any vehicle as regulated and provided for in this Article. A violation of this Section shall constitute a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court."

Sec. 9. There is hereby established a new Section, immediately following Section 51 of Chapter 18 of the General Statutes of North Carolina, to read as follows:

"G.S. 18-51.1. Exceptions. Notwithstanding the provisions of G.S. 18-51, the following provisions shall be applicable:

(1) Exemption From Fees. No fee shall be charged by the State Board of Alcoholic Control for any permit issued under subsection (7) of G.S. 18-51 to any county or municipality, for any premises operated by said county or municipality.

(2) Local Laws. Nothing in this Article shall operate to repeal any of the local Acts of the General Assembly of North Carolina prohibiting the possession or consumption of alcoholic beverages within any county, municipality, or portion thereof, and all such local Acts shall continue in full force and effect and in concurrence herewith, until repealed or modified.

(3) Exemption of Counties. Until at least one county or municipal alcoholic beverage control store has been lawfully established within any county, no permit shall be issued by the State Board of Alcoholic Control for the purposes denned in subsection (5) of G.S. 18-51 to any person, association or corporation for premises located in said county.

Sec. 10. If any provision of this Act or the application thereof to any person or' circumstances is held invalid, such invalidity shall not affect the other provisions or application of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

Sec. 11. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 12. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 24th day of April, 1967.