§ 18B-1006. Miscellaneous provisions on permits. - North Carolina Statutes

§ 18B‑1006. Miscellaneous provisions on permits.

(a)        School and CollegeCampuses. – No permit for the sale of malt beverages, unfortified wine, orfortified wine shall be issued to a business on the campus or property of apublic school or college, other than at a regional facility as defined by G.S.160A‑480.2 operated by a facility authority under Part 4 of Article 20 ofChapter 160A of the General Statutes except for a public school or collegefunction, unless that business is a hotel or a nonprofit alumni organizationwith a mixed beverages permit or a special occasion permit. This subsectionshall not apply on property owned by a local board of education which wasleased for 99 years or more to a nonprofit auditorium authority created priorto 1991 whose governing board is appointed by a city board of aldermen, acounty board of commissioners, or a local school board. This subsection shallalso not apply to the constituent institutions of The University of NorthCarolina with respect to the sale of beer and wine at performing arts centerslocated on property owned or leased by the institutions if the seating capacitydoes not exceed 2,000 seats, or to any golf courses owned or leased by theinstitutions and open to the public for use.

(b)        Lockers at Clubs. –A private club or congressionally‑chartered veterans organization whichhas been issued a brown‑bagging permit may, but is not required to,provide lockers for its members to store their alcoholic beverages. If lockersare provided, however, they shall not be shared but shall be for individualmembers. Each locker and each bottle of alcoholic beverages on the premisesshall be labelled with the name of the member to whom it belongs. No more thaneight liters each of malt beverages or unfortified wine may be stored by amember at one time. No more than eight liters of either fortified wine orspirituous liquor, or eight liters of the two combined, may be stored by amember at one time.

(c)        Wine Sales. – Holdersof retail or wholesale permits for the sale of unfortified or fortified winemay buy and sell only wines on the Commission's approved list. The Commissionmay authorize the importation and purchase of wines not on the approved list bypermittees and others. An authorization shall state the kind and amount of winethat may be imported and purchased and the time within which the transactionshall be completed.

(d)        Unlawful Possessionor Consumption. – It shall be unlawful for a permittee to possess or consume,or allow any other person to possess or consume, on the licensed premises, anyfortified wine or spirituous liquor, the possession or consumption of which isnot authorized either by the permits issued to him for the premises or by anyother provision of the ABC law.

(e)        Facsimile Permit. –It shall be unlawful for any person to produce or possess any false orfacsimile permit, or for a permittee to display any false or facsimile permiton his licensed premises.

(f)         Failure toSurrender Permit. – It shall be unlawful for any person to refuse to surrenderany permit to the Commission upon lawful demand of the Commission or itsagents.

(g)        Restrictions onSales at Cooking Schools. – Retail sales of food or alcoholic beverages to beconsumed on the premises of a cooking school are restricted to bona fideenrolled students of that school. Violation of this subsection is a ground foradministrative action under G.S. 18B‑104.

(h)        PurchaseRestrictions. – A retail permittee may purchase malt beverages, unfortifiedwine, or fortified wine only from a wholesaler who maintains a place ofbusiness in this State and has the proper permit.

(i)         Tour Boats. – TheCommission may issue permits to boats that conduct regularly scheduled toursupon the rivers or waterways of this State under the following conditions:

(1)        A boat shall servemeals on each tour and shall have a dining area with seating for at least 36people;

(2)        A boat's grossreceipts from food and non‑alcoholic beverages shall be greater than itsgross receipts from alcoholic beverages;

(3)        A boat may hold thepermits listed in G.S. 18B‑1001(1), (3), (5), (7), and (10), but no off‑premisessales may be made pursuant to those permits;

(4)        A boat shall have ahome port in an area where issuance of any of the permits listed in subdivision(3) is legal, and all passengers shall enter the boat at the home port or atother ports listed on a preannounced itinerary. The boat's permits are validduring tours that leave and return to the boat's home port, and applyregardless of whether the boat crosses into an area where sales are not legal,if the boat docks only at a port listed on the preannounced itinerary, exceptin an emergency; and

(5)        A boat conductingtours along the intracoastal waterway and navigable waterways that enters intothe intracoastal waterway, pursuant to a preannounced itinerary that includesvisits to two or more cities, may serve alcoholic beverages pursuant to ABCpermits issued according to the jurisdiction of its home port in the followingmanner:

a.         While on tour,alcoholic beverages may be served to passengers;

b.         While docked in anyother port alcoholic beverages may be served only to tour passengers;

c.         During special city‑sponsoredevents and festivals, in which case the boat may open its galley and bars atdockside to the general public and sell those alcoholic beverages that arelawful in the jurisdiction in which it is docked. Any sales in this mannershall be in accordance with the requirements of any ordinances of thejurisdiction in which the boat is docked.

(6)        Liquor purchased forresale in mixed beverages may be purchased only from the local board for thejurisdiction of the boat's home port.

(j)         RecreationDistricts. – Notwithstanding the provisions of Article 6 of this Chapter, theCommission may issue permits for the sale of malt beverages, unfortified wine,fortified wine, and mixed beverages to qualified businesses in a recreationdistrict.

A "recreationdistrict" is an area that meets any of the following requirements:

(1)        An area that islocated in a county that has not approved the issuance of permits, has at leasttwo cities that have approved the sale of malt beverages, wine, and theoperation of an ABC store, and contains a facility of at least 450 acres wherefive or more public auto racing events are held each year.

(2)        An area that islocated in a county that borders a county which has held elections pursuant toG.S. 18B‑600(f) and borders on another state and which (i) contains afacility of at least 225 acres where four or more public auto racing events areheld each year or (ii) contains a facility of at least 140 acres where 80 ormore motor sports events are held each year.

(3)        A recreationdistrict includes the area within a half‑mile radius of a racing facilitythat meets the requirements of subdivision (1) or (2) of this subsection.

(4)        Repealed by SessionLaws 2004‑203, s. 27, effective August 17, 2004.

(k)        Residential PrivateClub and Sports Club Permits. – The Commission may issue the permits listed inG.S. 18B‑1001, without approval at an election, to a residential privateclub or a sports club, except if the sale of mixed beverages is not lawfulwithin a jurisdiction and that locality has voted against the sale of mixedbeverages in a referendum conducted on or after September 1, 2001. If theissuance of permits is prohibited by the exception in the previous sentence,the Commission may renew existing permits and may continue to issue permits fora business location that had previously held permits under this subsection. Nopermit may be issued to any residential private club or sports club thatpractices discrimination on the basis of race, gender or ethnicity.

The mixed beverages purchase‑transportationpermit authorized by G.S. 18B‑404(b) shall be issued by a local boardoperating a store located in the county.

(l)         Repealed bySession Laws 2004‑203, s. 65, effective August 17, 2004.

(m)       InterstateInterchange Economic Development Zones. –

(1)        The Commission mayissue permits listed in G.S. 18B‑1001(10), without approval at anelection, to qualified establishments defined in G.S. 18B‑1000(4), (6),and (8) located within one mile of an interstate highway interchange located ina county that:

a.         Has approved thesale of malt beverages, unfortified wine, and fortified wine, but not mixedbeverages;

b.         Operates ABC stores;

c.         Borders on anotherstate; and

d.         Lies north and eastof the Roanoke River.

(2)        The Commission mayissue permits listed in G.S. 18B‑1001(1), (3), (5), and (10) to qualifiedestablishments defined in G.S. 18B‑1000(4), (6), and (8) and may issue permitslisted in G.S. 18B‑1001(2) and (4) to qualified establishments defined inG.S. 18B‑1000(3) in any county that qualifies for issuance of permitspursuant to G.S. 18B‑1006(k). These permits may be issued withoutapproval at an election and shall be issued only to qualified establishmentsthat meet all of the following requirements:

a.         Located within onemile of any interstate highway interchange in that county;

b.         Located within onemile of an establishment issued a permit under G.S. 18B‑1006(k); and

c.         Is, or is locatedwithin one‑quarter mile of, a hotel with 70 or more rooms.

(3)        Repealed by SessionLaws 2004‑203, s. 28, effective August 17, 2004.

(n)        National HistoricLandmark District. – The Commission may issue permits listed in G.S. 18B‑1001(10),without approval at an election, to qualified establishments defined in G.S.18B‑1000(4) and (6) located within a National Historical Landmark asdefined in 16 U.S.C. § 470a(a)(1)(B) located in a county that meets all of thefollowing requirements:

(1)        Has approved thesale of malt beverages and unfortified wine but not mixed beverages.

(2)        Has at least onecity that has approved the operation of an ABC store and the sale of mixedbeverages.

(3)        Has at least 150,000population based on the last federal census.

(o)        Expired.

(p)        The Commissionshall issue a special occasion permit under G.S. 18B‑1001(8) to a mixedbeverage permittee in a sports facility occupied by a major league professionalsports team with suites available for sale or lease to patrons of the facilityto authorize patrons to make available alcoholic beverages in those suites asif the patron were a host of a reception, party or other special occasion. Ifthe patron occupying the suite so desires, alcoholic beverages by self‑servicemay be made available to any person at least 21 years of age possessing a validticket to the event authorizing that person to occupy the suite. At no eventmay the patron make available a quantity of alcoholic beverages in excess ofthe amount a person is allowed to buy under G.S. 18B‑303(a). A mixedbeverage permittee who holds a permit shall provide mixed beverage tax paidspirituous liquor for resale by the container in approved sizes of no largerthan 750 milliliters to the host or patron of the suite. This subsection doesnot authorize any person possessing a valid ticket to an event at the facilityto bring alcoholic beverages onto the premises and consume those alcoholicbeverages on the premises, or to remove those beverages from the suite.

(q)        The hours for salesand consumption of alcoholic beverages on the premises of a permittee who meetsthe requirements of G.S. 18B‑1009 shall be one hour earlier thanpermitted by G.S. 18B‑1004(c). (1981, c. 412, s. 2; 1981 (Reg. Sess., 1982), c. 1262,s. 23; 1985, c. 114, s. 2; c. 301; 1987, c. 515; c. 760; 1989, c. 360; c. 770,s. 49; c. 800, s. 18; 1991, c. 340, s. 1; c. 459, s. 7; 1991 (Reg. Sess.,1992), c. 920, s. 12; 1993, c. 415, ss. 17‑19; c. 508, s. 6; 1995, c.224, s. 1; c. 372, s. 2; c. 458, s. 8; c. 466, ss. 11‑12; 1997‑182,s. 3; 1997‑395, s. 1; 1997‑443, s. 16.27(a); 1999‑462, ss. 2,10, 12, 14; 2001‑130, ss. 1, 1.4; 2004‑199, s. 10; 2004‑203,ss. 27, 28, 65; 2005‑327, ss. 1, 2, 4; 2006‑227, s. 7; 2006‑264,s. 100; 2007‑323, s. 6.25.)