§ 18B-603. Effect of alcoholic beverage elections on issuance of permits. - North Carolina Statutes

§ 18B‑603.  Effect ofalcoholic beverage elections on issuance of permits.

(a)        Malt BeverageElections. – If a malt beverage election is held under G.S. 18B‑602(a)and the sale of malt beverages is approved, the Commission may issue permits toqualified persons and establishments in the jurisdiction that held the electionas follows:

(1)        If on‑premisessales are approved, the Commission may issue on‑premises malt beveragepermits.

(2)        If off‑premisessales are approved, the Commission may issue off‑premises malt beveragepermits.

(3)        If both on‑premisesand off‑premises sales are approved, the Commission may issue both on‑premisesand off‑premises malt beverage permits.

(4)        If the kinds ofsales described in G.S. 18B‑602(a)(4) are approved, the Commission mayissue on‑premises malt beverage permits to restaurants and hotels onlyand off‑premises malt beverage permits to other permittees.

(b)        Unfortified WineElections. – If an unfortified wine election is held under G.S. 18B‑602(d)and the sale of unfortified wine is approved, the Commission may issue permitsto qualified persons and establishments in the jurisdiction that held theelection as follows:

(1)        If on‑premisessales are approved, the Commission may issue on‑premises unfortified winepermits.

(2)        If off‑premisessales are approved, the Commission may issue off‑premises unfortifiedwine permits.

(3)        If both on‑premisesand off‑premises sales are approved, the Commission may issue both on‑premisesand off‑premises unfortified wine permits.

(c)        ABC StoreElections. – If an ABC store election is held under G.S. 18B‑602(g) andthe establishment of ABC stores is approved, each of the following shall beauthorized in the jurisdiction that held the election:

(1)        The jurisdictionthat held the election may establish and operate ABC stores in the mannerdescribed in Articles 7 and 8.

(2)        The Commission mayissue on‑premises and off‑premises fortified wine and unfortifiedwine permits to qualified persons and establishments in that jurisdiction,regardless of any unfortified wine election or any local act, except thatneither on‑premises nor off‑premises unfortified wine permits maybe issued in a jurisdiction if:

a.         The jurisdictionapproved ABC stores before January 1, 1982;

b.         The jurisdictionheld an unfortified wine election before January 1, 1982; and

c.         In that unfortifiedwine election, the jurisdiction did not approve either on‑premises or off‑premisessales of unfortified wine.

(3)        The Commission mayissue brown‑bagging permits to restaurants, hotels, and communitytheatres in the county in which the election was held, whether the election washeld by the county or by a city or other jurisdiction within the county. Brown‑baggingpermits may not be issued, however, for restaurants, hotels, or community theatresin any jurisdiction in which the sale of mixed beverages has been approved.

(d)        Mixed BeverageElections. – If a mixed beverage election is held under G.S. 18B‑602(h)and the sale of mixed beverages is approved, the Commission may issue permitsto qualified persons and establishments in the jurisdiction that held theelection as follows:

(1)        The Commission mayissue mixed beverage permits.

(2)        The Commission mayissue on‑premises malt beverage, unfortified wine, and fortified winepermits for establishments with mixed beverage permits, regardless of any otherelection or any local act concerning sales of those kinds of alcoholicbeverages.

(3)        The Commission mayissue off‑premises malt beverage permits to any establishment that meetsthe requirements under G.S. 18B‑1001(2) in any township or incorporatedmunicipality which has voted to permit the sale of mixed beverages, regardlessof any other local act concerning sales of those kinds of alcoholic beverages.The Commission may also issue off‑premises unfortified wine permits toany establishment that meets the requirements under G.S. 18B‑1001(4) inany township or incorporated municipality which has voted to permit the sale ofmixed beverages, regardless of any other local act concerning sales of those kindsof alcoholic beverages.

(4)        The Commission mayissue brown‑bagging permits for private clubs and congressionallychartered veterans organizations but may no longer issue and may not renewbrown‑bagging permits for restaurants, hotels, and community theatres. Arestaurant, hotel, or community theatre may not be issued a mixed beveragepermit under subdivision (1) until it surrenders its brown‑baggingpermit.

(5)        The Commission maycontinue to issue culinary permits for establishments that do not have mixedbeverage permits. An establishment may not be issued a mixed beverage permitunder subdivision (1) until it surrenders its culinary permit.

(d1)      In any county inwhich the sale of mixed beverages has been approved in elections in at leastthree cities that, combined, contain more than two‑thirds the totalcounty population as of the most recent federal census, the county board ofcommissioners may by resolution approve the sale of mixed beverages throughoutthe county, and the Commission may issue permits as if mixed beverages had beenapproved in a county election.

(d2)      If a county or cityholds a mixed beverage election and an ABC store election at the same time andthe voters do not approve the establishment of an ABC store, the Commission mayissue mixed beverages permits in that county or city. The mixed beveragespurchase‑transportation permit authorized by G.S. 18B‑404(b) shallbe issued by a local board operating a store located in the county.

(e)        Mixed Beverages atAirports. – When the sale of mixed beverages has been approved in a cityelection, the Commission may also issue permits under subsection (d) forqualified establishments outside the city but within the same county, if:

(1)        The establishment ison the property of an airport;

(2)        The airport isoperated by the city or by an airport authority in which the city participates;and

(3)        The airport servicesplanes which board at least 150,000 passengers annually.

(f)         Permits NotDependent on Elections. – The Commission may issue the following kinds ofpermits without approval at an election:

(1)        Special occasionpermits;

(2)        Limited specialoccasion permits;

(3)        Brown‑baggingpermits for private clubs and congressionally chartered veterans organizations;

(4)        Culinary permits,except as restricted by subdivision (d)(5);

(5)        Special one‑timepermits issued under G.S. 18B‑1002;

(6)        All permits listedin G.S. 18B‑1100;

(7)        The permitsauthorized by G.S. 18B‑1001(1), (3), (5), and (10) for tourism ABCestablishments;

(8)        The permitsauthorized by G.S. 18B‑1001(1), (3), (5), and (10) for tourism resorts;

(9)        The permitsauthorized by G.S. 18B‑1001(1), (3), (5), and (10) for historic ABCestablishments.

(f1)       Reserved for futurecodification purposes.

(f2)       (See note)Permits for Special ABC Areas. – The Commission may issue the permits providedfor in G.S. 18B‑1001(1), G.S. 18B‑1001(2), G.S. 18B‑1001(3),G.S. 18B‑1001(4), G.S. 18B‑1001(5), G.S. 18B‑1001(6), andG.S. 18B‑1001(10) to qualified persons and establishments located withina Special ABC area as defined in G.S. 18B‑101, provided that: (i) if sucharea is a municipal corporation, the area shall conduct an election authorizedby subdivision (a)(4) of G.S. 18B‑600, which election may be heldregardless of the number of registered voters located within the municipalcorporation; or (ii) if such area is unincorporated but has within such area aprivate association or club, the board of such private association or clubshall call and conduct a special meeting at which meeting a majority of privateassociation members, club members, lot and home owners, votes and approves thesale of mixed beverages, and the board certifies the results of such meeting tothe Alcoholic Beverage Control Commission. The mixed beverages purchase‑transportationpermit authorized by G.S. 18B‑404(b) shall be issued by a local boardoperating a store located in the same county as the Special ABC area.

(g)        Miscellaneous. – Thedefinitions in G.S. 18B‑1000 shall apply to this section.

(h)        Permits Based onExisting Permits. – In any county which borders on the Atlantic Ocean and where(i) the sale of malt beverage on and off premises, the sale of unfortified wineon and off premises, the sale of mixed beverages, and the operation of an ABCsystem has been allowed in at least six cities in the county, or in any countyadjacent to that county in which an ABC system has been allowed, or (ii) thesale of malt beverage on and off premises, the sale of unfortified wine on andoff premises, the sale of mixed beverages, and the operation of an ABC systemhas been allowed in at least eight cities in the county, the Commission mayissue permits to sports clubs as defined in G.S. 18B‑1000(8) throughoutthe county.

The Commission may issue thefollowing permits:

(1)        On and Off PremisesMalt Beverage;

(2)        On and Off PremisesUnfortified Wine;

(3)        On and Off PremisesFortified Wine; or

(4)        Mixed Beverages.

The Commission may also issueon‑premises malt beverage, unfortified wine, fortified wine and mixedbeverages permits to a sports club located in a county adjacent to any countythat has approved the sale of mixed beverages pursuant to G.S. 18B‑603(d1),if the county in which the sports club is located borders another state and hasat least one city that has approved the sale of mixed beverages. Sports clubsholding mixed beverages permits shall purchase their spirituous liquor at thenearest ABC system store that is located in the county.

The Commission may furtherissue on‑premises malt beverage and on‑premises unfortified winepermits to a sports club located in a county bordering on another state that isadjacent to any county in which permits were issued pursuant to this subsectionprior to August 1, 1993. The sports clubs must be located in the unincorporatedareas of a county, in which the sale of malt beverages and unfortified wine isnot permitted, and where there are six or more municipalities in that countywhere the sale of malt beverages and unfortified wine is permitted. (1947, c. 1084, s. 3; 1969,c. 647, s. 2; 1971, c. 872, s. 1; 1981, c. 412, s. 2; c. 589; 1981 (Reg. Sess.,1982), c. 1240; 1983, c. 113, s. 2; 1985, c. 689, s. 7; 1987, c. 136, ss. 5, 6;c. 307, s. 2; c. 443, s. 2; 1989, c. 629, s. 2; 1991 (Reg. Sess., 1992), c.920, ss. 11, 13; 1993, c. 415, ss. 7‑9; 1995, c. 466, s. 5; 1999‑456,s. 10; 1999‑461, s. 2; 1999‑462, ss. 3, 6, 7, 9; 2000‑140, s.2; 2004‑199, s. 9; 2007‑402, s. 1.)