GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 2
HOUSE BILL 829
Committee Substitute Favorable 5/1/13
Short Title: Sale of Growlers by Certain ABC Permittees. |
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Sponsors: |
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Referred to: |
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April 11, 2013
A BILL TO BE ENTITLED
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.
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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.