GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 2
SENATE BILL 714*
Judiciary Committee Substitute Adopted 6/14/18
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Short Title: ABC Regulation and Reform. |
(Public) |
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Sponsors: |
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Referred to: |
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May 17, 2018
A BILL TO BE ENTITLED
AN ACT to STRENGTHEN THE PERMITTING ENFORCEMENT AUTHORITY OF THE ABC COMMISSION AND to MAKE OTHER CHANGES TO THE ABC LAWS.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 18B‑104 reads as rewritten:
"§ 18B‑104. Administrative penalties.
(a) Penalties. – For any violation of the ABC laws, the Commission may take any of the following actions against a permittee:
(1) Suspend the permittee's
permit for a specified period of time not longer than three years;years.
(2) Revoke the permittee's permit;permit.
(3) Fine the permittee up to
five hundred dollars ($500.00) for the first violation, up to seven hundred
fifty dollars ($750.00) for the second violation,violation within
three years, and up to one thousand dollars ($1,000) for the third violation;
orviolation within three years for all violations not listed in subdivision
(3a) of this subsection.
(3a) Fine the permittee up to seven hundred fifty dollars ($750.00) for the first violation, up to one thousand dollars ($1,000) for a second violation within three years, and up to one thousand two hundred fifty dollars ($1,250) for a third violation within three years if the violations involve acts of violence, controlled substances, or prostitution occurring on the licensed premises. Additionally, the Commission may impose conditions on the operating hours of the business for violations listed in this subdivision.
(4) Suspend the permittee's
permit under subdivision (1) and impose a fine under subdivision (3).(3)
or (3a).
(b) Compromise. – In any case in which the Commission is entitled to suspend or revoke a permit, the Commission may accept from the permittee an offer in compromise to pay a penalty of not more than five thousand dollars ($5,000). The Commission may either accept a compromise or revoke a permit, but not both. The Commission may accept a compromise and suspend the permit in the same case.
(b1) Compromise for Certain Egregious Violations. – In any case in which there are two or more violations within three years in which the Commission is entitled to suspend or revoke a permit, the Commission may accept from the permittee an offer in compromise to pay a penalty of not more than ten thousand dollars ($10,000) if the violations involve any of the following acts:
(1) Acts of violence occurring on the licensed premises.
(2) The permittee or the permittee's agent or employee knowingly allowing any violation of the controlled substances or prostitution statutes on the licensed premises.
The Commission may also impose conditions on the operating hours of the business as part of a compromise pursuant to this subsection. The Commission may either accept a compromise or revoke a permit, but not both. The Commission may accept a compromise and suspend the permit in the same case.
(c) Fines and Penalties to Treasurer. – The clear proceeds of fines and penalties assessed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(d) Effect on Licenses. – Suspension or revocation of a permit includes automatic suspension or revocation of any related State or local revenue license.
(e) Effect on Other Permits. – Unless some other disposition is ordered by the Commission, revocation or suspension of a permit under subsection (a) includes automatic revocation or suspension, respectively, of any other ABC permit held by the same permittee for the same establishment."
SECTION 2. G.S. 18B‑900 reads as rewritten:
"§ 18B‑900. Qualifications for permit.
(a) Requirements. – To be eligible to receive and to hold an ABC permit, a person must satisfy all of the following requirements:
(1) Be at least 21 years old,
unless the person is a manager of a business in which case the person shall be
at least 19 years old.
(2) Be a resident of North Carolina unless:
a. He is an officer, director or stockholder of a corporate applicant or permittee and is not a manager or otherwise responsible for the day‑to‑day operation of the business; or
b. He has executed a power of attorney designating a qualified resident of this State to serve as attorney in fact for the purposes of receiving service of process and managing the business for which permits are sought; or
c. He is applying for a nonresident malt beverage vendor permit, a nonresident wine vendor permit, or a vendor representative permit.
(3) Not have been convicted of a felony within three years, and, if convicted of a felony before then, has had his citizenship restored.
(4) Not have been convicted of an alcoholic beverage offense within two years.
(5) Not have been convicted of a misdemeanor controlled substance offense within two years.
(6) Not have had an alcoholic beverage permit revoked within three years, except where the revocation was based solely on a permittee's failure to pay the annual registration and inspection fee required in G.S. 18B‑903(b1).
(7) Not have, whether as an individual or as an officer, director, shareholder or manager of a corporate permittee, an unsatisfied outstanding final judgment that was entered against him in an action under Article 1A of this Chapter.
(8) Be current in filing all applicable tax returns to the State and in payment of all taxes, interest, and penalties that are collectible under G.S. 105‑241.22. This subdivision does not apply to the following ABC permits:
a. Special occasion permit under G.S. 18B‑1001(8).
b. Limited special occasion permit under G.S. 18B‑1001(9).
c. Special one‑time permit under G.S. 18B‑1002.
d. Salesman permit under G.S. 18B‑1111.
To avoid undue hardship, however, the Commission may decline to take action under G.S. 18B‑104 against a permittee who is in violation of subdivisions (3), (4), or (5).
(b) Definition of Conviction. – A person has been "convicted" for the purposes of subsection (a) when he has been found guilty, or has entered a plea of guilty or nolo contendere, and judgment has been entered against him. A felony conviction in another jurisdiction shall disqualify a person from being eligible to receive or hold an ABC permit if his conduct would also constitute a felony in North Carolina. A conviction of an alcoholic beverage offense or misdemeanor drug offense in another jurisdiction shall disqualify a person from being eligible to receive or hold an ABC permit if his conduct would constitute an offense in North Carolina, unless the Commission determines that under North Carolina procedure judgment would not have been entered under the same circumstances. Revocation of a permit in another jurisdiction shall disqualify a person if his conduct would be grounds for revocation in North Carolina.
(c) Who Must Qualify; Exceptions. – For an ABC permit to be issued to and held for a business, each of the following persons associated with that business must qualify under subsection (a):
(1) The owner of a sole proprietorship;proprietorship.
(2) Each member of a firm,
association or general partnership;partnership.
(2a) Each general partner in a
limited partnership;partnership.
(2b) Each manager and any
member with a twenty‑five percent (25%) or greater interest in a limited
liability company;company.
(3) Each officer, director
and owner of twenty‑five percent (25%) or more of the stock of a
corporation except that the requirement of subdivision (a)(1) does not apply to
such an officer, director, or stockholder unless he or she is a manager
or is otherwise responsible for the day‑to‑day operation of the business;business.
(4) The manager of an
establishment operated by a corporation other than an establishment with
only off‑premises malt beverage, off‑premises unfortified wine, or
off‑premises fortified wine permits;corporation.
(5) Any manager who has been empowered as attorney‑in‑fact for a nonresident individual or partnership.
(6) Any manager or person otherwise responsible for the day‑to‑day operation of the business, if none of the persons listed in subdivisions (1) through (5) of this subsection is a manager or person otherwise responsible for the day‑to‑day operation of the business.
…."
SECTION 3. G.S. 18B‑901 reads as rewritten:
"§ 18B‑901. Issuance of permits.
…
(c) Factors in Issuing Permit. – Before issuing a permit, the Commission shall be satisfied that the applicant is a suitable person to hold an ABC permit and that the location is a suitable place to hold the permit for which the applicant has applied. To be a suitable place, the local governing body shall return a Zoning and Compliance Form to the Commission on a form provided by the Commission to show the establishment is in compliance with all applicable building and fire codes and, if applicable, has been notified that it is located in an Urban Redevelopment Area as defined by Article 22 of Chapter 160A of the General Statutes and as required by G.S. 18B‑904(e)(2). Other factors the Commission shall consider in determining whether the applicant and the business location are suitable are all of the following:
(1) The reputation, character, and criminal record of the applicant.
(2) The number of places already holding ABC permits
within the neighborhood.
(3) Parking facilities and traffic conditions in the
neighborhood.
(4) Kinds of businesses already in the neighborhood.
(5) Whether the establishment is located within 50
feet of a church, public school, or any nonpublic school as defined by Part 1
or Part 2 of Article 39 of Chapter 115C of the General Statutes.
(6) Zoning laws.laws,
the number of places already holding ABC permits within the neighborhood,
parking facilities and traffic conditions in the neighborhood, types of
businesses already in the neighborhood, and whether the establishment is
located within 50 feet of a church, public school, or any nonpublic school as
defined in Part 1 or Part 2 of Article 39 of Chapter 115C of the General
Statutes.
(7) The recommendations of the local governing body.
(8) Any other evidence that would tend to show whether the applicant would comply with the ABC laws.
(9) Whether the operation of the applicant's business at that location would be detrimental to the neighborhood, including evidence admissible under G.S. 150B‑29(a) of any of the following:
a. Past revocations, suspensions, and violations of ABC laws by prior permittees related to or associated with the applicant, or a business with which the applicant is associated, within the immediate preceding 12‑month period at this location.
b. Evidence of illegal drug activity on or about the licensed premises.
c. Evidence of fighting, disorderly conduct, and other dangerous activities on or about the licensed premises.
…."
SECTION 4. G.S. 18B‑904 reads as rewritten:
"§ 18B‑904. Miscellaneous provisions concerning permits.
(a) Who Receives Permit. – An ABC permit shall authorize the permitted activity only on the premises of the establishment named in the permit. An ABC permit shall be issued to the owner of the business conducted on the premises, or to the management company employed to independently manage and operate the business. The ABC Commission may determine if a management agreement delegates sufficient managerial control and independence to a manager or management company to require an ABC permit to be issued to the manager.
(b) Posting Permit. – Each ABC permit that is held by an establishment shall be posted in a prominent place on the premises.
(c) Business Not Operating. – An ABC permit shall automatically expire and shall be surrendered to the Commission if the person to whom it is issued does not commence the activity authorized by the permit within six months of the date the permit is effective. Before the expiration of the six‑month period, the Commission may waive this provision in individual cases for good cause.
(d) Notice of Issuance. – Upon issuing a permit the Commission shall send notice of the issuance, with the name and address of the permittee and the establishment, to:
(1) The Department of Revenue;
(2) The local board, if one exists, for the city or county in which the establishment is located;
(3) The governing body, sheriff, and tax collector of the county in which the establishment is located;
(4) If the establishment is located inside a city, the governing body, chief of police, and tax collector for the city; and
(5) The ALE Branch.
(e) Business or Location No Longer Suitable. –
(1) The If the Commission
may suspend or revoke a permit issued by it if, after compliance with the
provisions of Chapter 150B of the General Statutes, it finds that the
location occupied by the permittee is no longer a suitable place to hold ABC
permits or that the operation of the business with an ABC permit at that
location is detrimental to the neighborhood.neighborhood, the
Commission may commence a contested case under Chapter 150B of the General
Statutes for the suspension or revocation of a permit issued by it.
(2) The Commission shall
suspend or revoke a permit issued by it if a permittee is in violation of
G.S. 18B‑309. Notwithstanding subdivision (e)(1) of this section,
G.S. 18B‑906, the Commission shall, by order and without
prior hearing, summarily suspend or revoke a permit issued by it if a permittee
is in violation of G.S. 18B‑309(c) when, prior to the period of time
for which the audit is to be conducted, the city council has filed information
designating the location of the Urban Redevelopment Area as required under
G.S. 18B‑309(a) and has provided actual notice to permittees located
in the Urban Redevelopment Area that they are located in such an area and must
abide by G.S. 18B‑309(c). Upon entry of a summary order under this
subdivision, the Commission shall promptly notify all interested parties that
the order has been entered and of the reasons therefore. The order will remain
in effect until it is modified or vacated by the Commission. The permittee may,
within 30 days after receipt of notice of the order, make written request to
the Commission for a hearing on the matter. If a hearing is requested, after
compliance with the provisions ofcommence a contested case under
Chapter 150B of the General Statutes, the Commission shall issue an order to
affirm, reverse, or modify its previous action.Statutes for the reversal
or modification of the Commission's order.
(3) Notwithstanding G.S.
18B‑906, If the Commission shall revoke a permit issued by
it if, after complying with the provisions of Chapter 150B of the General
Statutes and without a finding of mitigating evidence or circumstances, it finds
evidence that the permittee or the permittee's employee has been found
responsible by a court of competent jurisdiction or the Commission for two or
more violations on separate dates of knowingly allowing a violation of the
gambling, disorderly conduct, prostitution, controlled substance, or felony
criminal counterfeit trademark laws as those offenses are prohibited pursuant
to G.S. 18B‑1005(a)(2), (a)(3), or (b), G.S. 18B‑1005.1,
or G.S. 80‑11.1(b)(2) or (3), at a single ABC‑licensed
premises within a 12‑month period.period, the Commission may
commence a contested case under Chapter 150B of the General Statutes for the
revocation of a permit issued by it. The permittee and the owner of the
property have the responsibility to monitor the conduct on the licensed
premises pursuant to G.S. 18B‑1005(b) and G.S. 19‑1.
Revocation of permits pursuant to this subdivision shall only apply to the
permits issued to the location where the violations occurred.
(4) Notwithstanding
G.S. 18B‑906, the Commission shall immediately shall, by
order and without prior hearing, summarily suspend or revoke permits
issued by it for a period of 30 days if both of the following apply:
a. Alcohol Law Enforcement agents
oragents, local ABC Board officersofficers, or local law
enforcement agencies provide advance notice to the Commission Legal
Division staff of the ongoing undercover operation.
b. Upon execution of the search warrant resulting from the undercover operation, five or more persons are criminally charged with violations of the gambling, disorderly conduct, prostitution, controlled substance, or felony criminal counterfeit trademark laws.
Upon entry of a summary order under this subdivision, the Commission shall promptly notify all interested parties that the order has been entered and the reasons therefore. The order shall remain in effect until it is modified or vacated by the Commission. The permittee may, within 30 days after receipt of notice of the order, commence a contested case under Chapter 150B of the General Statutes for reversal or modification of the Commission's order.
(f) Local Government Objections. – The governing body of a city or county may designate an official of the city or county, by name or by position, to make recommendations concerning the suitability of a person or of a location for an ABC permit. The governing body of a city or county shall notify the Commission of an official designated under this subsection. An official designated under this subsection shall be allowed to testify at a contested case hearing in which the suitability of a person or of a location for an ABC permit is an issue without further qualification or authorization.
(g) Nothing in this Chapter shall be deemed to preempt local governments from regulating the location or operation of adult establishments or other sexually oriented businesses to the extent consistent with the constitutional protection afforded free speech, or from requiring any additional fee for licensing as permitted under G.S. 160A‑181.1(c)."
SECTION 5. G.S. 18B‑1000 reads as rewritten:
"§ 18B‑1000. Definitions concerning establishments.
The following requirements and definitions shall apply to this Chapter:
(1) Community theatre. – An establishment owned and operated by a bona fide nonprofit organization that is engaged solely in the business of sponsoring or presenting amateur or professional theatrical events to the public. A permit issued for a community theatre is valid only during regularly scheduled theatrical events sponsored by such nonprofit organization.
(1a) Convention center. – An establishment that meets either of the following requirements:
a. A publicly owned or operated establishment that is engaged in the business of sponsoring or hosting conventions and similar large gatherings, including auditoriums, armories, civic centers, convention centers, and coliseums.
b. A privately owned facility located in a city that has a population of at least 200,000 but not more than 250,000 by the 2000 federal census and is located in a county that has previously authorized the issuance of mixed beverage permits by referendum. To qualify as a convention center under this subdivision, the facility shall meet each of the following requirements:
1. The facility shall be certified by the appropriate local official as being consistent with the city's redevelopment plan for the area in which the facility is located.
2. The facility shall contain at least 7,500 square feet of floor space that is available for public use and shall be used exclusively for banquets, receptions, meetings, and similar gatherings.
3. The facility's annual gross receipts from the sale of alcoholic beverages shall be less than fifty percent (50%) of the gross receipts paid to all providers at permitted functions for food, nonalcoholic beverages, alcoholic beverages, service, and facility usage fees (excluding receipts or charges for entertainment and ancillary services not directly related to providing food and beverage service). The person to whom a permit has been issued for a privately owned facility shall be required to maintain copies of all contracts and invoices for items supplied by providers for a period of three years from the date of the event.
A permit issued for a convention center shall be valid only for those parts of the building used for conventions, banquets, receptions, and other events, and only during scheduled activities.
(1b) Cooking school. – An establishment substantially engaged in the business of operating a school in which cooking techniques are taught for a fee.
(2) Eating establishment. – An establishment engaged in the business of regularly and customarily selling food, primarily to be eaten on the premises. Eating establishments shall include businesses that are referred to as restaurants, cafeterias, or cafes, but that do not qualify under subdivision (6). Eating establishments shall also include lunchstands, grills, snack bars, fast‑food businesses, and other establishments, such as drugstores, which have a lunch counter or other section where food is sold to be eaten on the premises.
(3) Food business. – An establishment engaged in the business of regularly and customarily selling food, primarily to be eaten off the premises. Food businesses shall include grocery stores, convenience stores, and other establishments, such as variety stores or drugstores, where food is regularly sold, and shall also include establishments engaged primarily in selling unfortified or fortified wine or both, for consumption off the premises.
(4) Hotel. – An establishment substantially engaged in the business of furnishing lodging. A hotel shall have a restaurant either on or closely associated with the premises. The restaurant and hotel need not be owned or operated by the same person.
(4a) Private bar. – An establishment that is organized and operated as a for‑profit entity and that is not open to the general public but is open only to the members of the organization and their bona fide guests for the purpose of allowing its members and their guests to socialize and engage in recreation.
(5) Private club. – An
establishment that is organized and operated solely for a social,
recreational, patriotic, or fraternal purpose and that is not open to the
general public, but is open only to the members of the organization and their
bona fide guests. This provision does not, however, prohibit such an
establishment from being open to the general public for raffles and bingo games
as required by G.S. 14‑309.11(a) and G.S. 14‑309.13. Except for
bona fide religious organizations, no organization that discriminates in the
selection of its membership on the basis of religion shall be eligible to
receive any permit issued under this Chapter.qualifies under Section
501(c) of the Internal Revenue Code of 1954, as amended, 26 U.S.C. § 501(c),
and has been in operation for a minimum of 12 months prior to application for
an ABC permit.
(5a) Residential private club. – A private club that is located in a privately owned, primarily residential and recreational development.
(6) Restaurant. – An establishment substantially engaged in the business of preparing and serving meals. To qualify as a restaurant, an establishment's gross receipts from food and nonalcoholic beverages shall be not less than thirty percent (30%) of the total gross receipts from food, nonalcoholic beverages, and alcoholic beverages. A restaurant shall also have a kitchen and an inside dining area with seating for at least 36 people.
(7) Retail business. – An establishment engaged in any retail business, regardless of whether food is sold on the premises.
(8) Sports club. – An establishment that meets either of the following requirements:
a. The establishment is substantially engaged in the business of providing equine boarding, training, and coaching services, and the establishment offers on‑site dining, lodging, and meeting facilities and hosts horse trials and other events sanctioned or endorsed by the United States Equestrian Federation, Inc.; or
b. The establishment is substantially engaged in the business of providing an 18‑hole golf course, two or more tennis courts, or both.
The sports club can either be open to the general public or to members and their guests. To qualify as a sports club, an establishment's gross receipts for club activities shall be greater than its gross receipts for alcoholic beverages. This provision does not prohibit a sports club from operating a restaurant. Receipts for food shall be included in with the club activity fee.
(9) Congressionally chartered veterans organizations. – An establishment that is organized as a federally chartered, nonprofit veterans organization, and is operated solely for patriotic or fraternal purposes.
(10) Wine producer. – A farming establishment of at least five acres committed to the production of grapes, berries, or other fruits for the manufacture of unfortified wine."
SECTION 6. 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, (ii) the retail sale of malt beverages in the manufacturer's original container for consumption off the premises, and (iii) the retail sale of malt beverages in a cleaned and sanitized container that is filled or refilled and sealed for consumption off the premises and that 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 subdivisions (7) and (8) of G.S. 18B‑1104(a).
j. Private bars.
(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, (ii) the retail sale of malt beverages in a cleaned and sanitized container that is filled or refilled and sealed for consumption off the premises and that 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.
f. The holder of a brewing, distillation, and fermentation course authorization under G.S. 18B‑1114.6. A school obtaining a permit under this subdivision is authorized to sell malt beverages manufactured during its brewing, distillation, and fermentation program at one noncampus location in a county where the permittee holds and offers classes on a regular full‑time basis in a facility owned by the permittee.
(3) On‑Premises Unfortified Wine Permit. – An on‑premises unfortified wine permit authorizes (i) the retail sale of unfortified wine for consumption on the premises, either alone or mixed with other beverages, (ii) the retail sale of unfortified wine in the manufacturer's original container for consumption off the premises, and (iii) the retail sale of unfortified wine dispensed from a tap connected to a pressurized container utilizing carbon dioxide or similar gas into a cleaned and sanitized container that is filled or refilled and sealed for consumption off the premises and that identifies the permittee and the date the container was filled or refilled. The permit also authorizes the permittee to transfer unfortified wine, not more than four times per calendar year, to another on‑premises unfortified wine permittee that is under common ownership or control as the transferor. Except as authorized by this subdivision, transfers of wine by on‑premises unfortified wine permitees, purchases of wine by a retail permittee from another retail permittee for the purpose of resale, and sale of wine by a retail permittee to another retail permittee for the purpose of resale are unlawful. In addition, a particular brand of wine may be transferred only if both the transferor and transferee are located within the territory designated between the winery and the wholesaler on file with the Commission. Prior to or contemporaneous with any such transfer, the transferor shall notify each wholesaler who distributes the transferred product of the transfer. The notice shall be in writing or verifiable electronic format and shall identify the transferor and transferee, the date of the transfer, quantity, and items transferred. The holder of the permit is authorized to ship unfortified wine in closed containers to individual purchasers inside and outside the State. Orders received by a winery by telephone, Internet, mail, facsimile, or other off‑premises means of communication shall be shipped pursuant to a wine shipper permit and not pursuant to this subdivision. The permit may be issued for any of the following:
a. Restaurants.
b. Hotels.
c. Eating establishments.
d. Private clubs.
e. Convention centers.
f. Cooking schools.
g. Community theatres.
h. Wineries.
i. Wine producers.
j. Retail businesses.
k. Private bars.
(4) Off‑Premises Unfortified Wine Permit. – An off‑premises unfortified wine permit authorizes (i) the retail sale of unfortified wine in the manufacturer's original container for consumption off the premises, (ii) the retail sale of unfortified wine dispensed from a tap connected to a pressurized container utilizing carbon dioxide or similar gas into a cleaned and sanitized container that is filled or refilled and sealed for consumption off the premises and that identifies the permittee and the date the container was filled or refilled, and (iii) the holder of the permit to ship unfortified wine in closed containers to individual purchasers inside and outside the State. The permit may be issued for retail businesses. The permit also authorizes the permittee to transfer unfortified wine, not more than four times per calendar year, to another off‑premises unfortified wine permittee that is under common ownership or control as the transferor. Except as authorized by this subdivision, transfers of wine by off‑premises unfortified wine permittees, purchases of wine by a retail permittee from another retail permittee for the purpose of resale, and sale of wine by a retail permittee to another retail permittee for the purpose of resale are unlawful. In addition, a particular brand of wine may be transferred only if both the transferor and transferee are located within the territory designated between the winery and the wholesaler on file with the Commission. Prior to or contemporaneous with any such transfer, the transferor shall notify each wholesaler who distributes the transferred product of the transfer. The notice shall be in writing or verifiable electronic format and shall identify the transferor and transferee, the date of the transfer, quantity, and items transferred. The permit may also be issued to the holder of a viticulture/enology course authorization under G.S. 18B‑1114.4. A school obtaining a permit under this subdivision is authorized to sell wines manufactured during its viticulture/enology program at one non‑campus location in a county where the permittee holds and offers classes on a regular full‑time basis in a facility owned by the permittee. The permit may also be issued for a winery or a wine producer for sale of its own unfortified wine during hours when the winery or wine producer's premises is open to the public, subject to any local ordinance adopted pursuant to G.S. 18B‑1004(d) concerning hours for the retail sale of unfortified wine. A winery obtaining a permit under this subdivision is authorized to sell wine manufactured by the winery at one additional location in the county under the same conditions specified in G.S. 18B‑1101(5) for the sale of wine at the winery; provided, however, that no other alcohol sales shall be authorized at the additional location. Orders received by a winery by telephone, Internet, mail, facsimile, or other off‑premises means of communication shall be shipped pursuant to a wine shipper permit and not pursuant to this subdivision.
(5) On‑Premises Fortified Wine Permit. – An on‑premises fortified wine permit authorizes the retail sale of fortified wine for consumption on the premises, either alone or mixed with other beverages, and the retail sale of fortified wine in the manufacturer's original container for consumption off the premises. The permit also authorizes the permittee to transfer fortified wine, not more than four times per calendar year, to another on‑premises fortified wine permittee that is under common ownership or control as the transferor. Except as authorized by this subdivision, transfers of wine by on‑premises fortified wine permittees, purchases of wine by a retail permittee from another retail permittee for the purpose of resale, and sale of wine by a retail permittee to another retail permittee for the purpose of resale are unlawful. In addition, a particular brand of wine may be transferred only if both the transferor and transferee are located within the territory designated bet ween the winery and the wholesaler on file with the Commission. Prior to or contemporaneous with any such transfer, the transferor shall notify each wholesaler who distributes the transferred product of the transfer. The notice shall be in writing or verifiable electronic format and shall identify the transferor and transferee, the date of the transfer, quantity, and items transferred. The holder of the permit is authorized to ship fortified wine in closed containers to individual purchasers inside and outside the State. Orders received by a winery by telephone, Internet, mail, facsimile, or other off‑premises means of communication shall be shipped pursuant to a wine shipper permit and not pursuant to this subdivision. The permit may be issued for any of the following:
a. Restaurants;Restaurants.
b. Hotels;Hotels.
c. Private clubs;clubs.
d. Community theatres;theatres.
e. Wineries;Wineries.
f. Convention centers.
g. Private bars.
(6) Off‑Premises Fortified Wine Permit. – An off‑premises fortified wine permit authorizes the retail sale of fortified wine in the manufacturer's original container for consumption off the premises and it authorizes the holder of the permit to ship fortified wine in closed containers to individual purchasers inside and outside the State. The permit may be issued for food businesses. The permit may also be issued for a winery for sale of its own fortified wine. Orders received by a winery by telephone, Internet, mail, facsimile, or other off‑premises means of communication shall be shipped pursuant to a wine shipper permit and not pursuant to this subdivision. The permit also authorizes the permittee to transfer fortified wine, not more than four times per calendar year, to another off‑premises fortified wine permittee that is under common ownership or control as the transferor. Except as authorized by this subdivision, transfers of wine by off‑premises fortified wine permittees, purchases of wine by a retail permittee from another retail permittee for the purpose of resale, and sale of wine by a retail permittee to another retail permittee for the purpose of resale are unlawful. In addition, a particular brand of wine may be transferred only if both the transferor and transferee are located within the territory designated between the winery and the wholesaler on file with the Commission. Prior to or contemporaneous with any such transfer, the transferor shall notify each wholesaler who distributes the transferred product of the transfer. The notice shall be in writing or verifiable electronic format and shall identify the transferor and transferee, the date of the transfer, quantity, and items transferred.
(7) Brown‑Bagging Permit. – A brown‑bagging permit authorizes each individual patron of an establishment, with the permission of the permittee, to bring up to eight liters of fortified wine or spirituous liquor, or eight liters of the two combined, onto the premises and to consume those alcoholic beverages on the premises. The permit may be issued for any of the following:
a. Restaurants;Restaurants.
b. Hotels;Hotels.
c. Private clubs;clubs.
d. Community theatres;theatres.
e. Congressionally chartered veterans organizations.
f. Private bars.
(8) Special Occasion Permit. – A special occasion permit authorizes the host of a reception, party or other special occasion, with the permission of the permittee, to bring fortified wine and spirituous liquor onto the premises of the business and to serve the same to his guests. The permit may be issued for any of the following:
a. Restaurants;Restaurants.
b. Hotels;Hotels.
c. Eating establishments;establishments.
d. Private clubs;clubs.
e. Convention centers.
f. Private bars.
(9) Limited Special Occasion Permit. – A limited special occasion permit authorizes the permittee to bring fortified wine and spirituous liquor onto the premises of a business, with the permission of the owner of that property, and to serve those alcoholic beverages to the permittee's guests at a reception, party, or other special occasion being held there. The permit may be issued to any individual other than the owner or possessor of the premises. An applicant for a limited special occasion permit shall have the written permission of the owner or possessor of the property on which the special occasion is to be held.
(10) Mixed Beverages Permit. – A mixed beverages permit authorizes the retail sale of mixed beverages for consumption on the premises. The permit also authorizes a mixed beverages permittee (i) to obtain a purchase‑transportation permit under G.S. 18B‑403 and 18B‑404, (ii) to obtain an antique spirituous liquor permit under subdivision (20) of this section, and (iii) to use for culinary purposes spirituous liquor lawfully purchased for use in mixed beverages. The permit may be issued for any of the following:
a. Restaurants;Restaurants.
b. Hotels;Hotels.
c. Private clubs;clubs.
d. Convention centers;centers.
e. Community theatres;theatres.
f. Nonprofit organizations;
andorganizations.
g. Political organizations.
h. Private bars.
…."
SECTION 7. G.S. 130A‑247 reads as rewritten:
"§ 130A‑247. Definitions.
The following definitions shall apply throughout this Part:
…
(1b) "Private bar" means an organization that meets the definition of a private bar set forth in G.S. 18B‑1000(4a).
…."
SECTION 8. G.S. 130A‑248 reads as rewritten:
"§ 130A‑248. Regulation of food and lodging establishments.
(a) For the protection of the public health, the Commission shall adopt rules governing the sanitation of establishments that prepare or serve drink or food for pay and establishments that prepare and sell meat food products or poultry products. However, any establishment that prepares or serves food or drink to the public, regardless of pay, shall be subject to the provisions of this Article if the establishment that prepares or serves food or drink holds an ABC permit, as defined in G.S. 18B‑101, meets any of the definitions in G.S. 18B‑1000, and does not meet the definition of a private bar as provided in G.S. 130A‑247(1b) or a private club as provided in G.S. 130A‑247(2).
…."
SECTION 9. G.S. 130A‑250 reads as rewritten:
"§ 130A‑250. Exemptions.
The following shall be exempt from this Part:
(1) Establishments that provide lodging described in G.S. 130A‑248(a1) with four or fewer lodging units.
(2) Condominiums.
(3) Establishments that prepare or serve food or provide lodging to regular boarders or permanent houseguests only. However, the rules governing food sanitation adopted under G.S. 130A‑248 apply to establishments that are not regulated under G.S. 130A‑235 and that prepare or serve food for pay to 13 or more regular boarders or permanent houseguests who are disabled or who are 55 years of age or older. Establishments to which the rules governing food sanitation are made applicable by this subdivision that are in operation as of 1 July 2000 may continue to use equipment and construction in use on that date if no imminent hazard exists. Replacement equipment for these establishments shall comply with the rules governing food sanitation adopted under G.S. 130A‑248.
(4) Private homes that occasionally offer lodging accommodations, which may include the providing of food, for two weeks or less to persons attending special events, provided these homes are not bed and breakfast homes or bed and breakfast inns.
(4a) Private bars.
(5) Private clubs.
…."
SECTION 10. Section 1 of this act becomes effective October 1, 2018. Sections 2, 5, and 6 of this act are effective when they become law and apply to new permits issued on or after that date. Permits issued to private clubs as defined in G.S. 18B‑1000(5) prior to the effective date of this act shall be grandfathered and may remain in effect and eligible for renewal as a private bar under G.S. 18B‑1005(4a) or a private club under G.S. 18B‑1005(5), as applicable, notwithstanding Section 5 of this act. The remainder of this act is effective when it becomes law.