GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	2 

HOUSE BILL 1043
Committee Substitute Favorable 4/21/99

Short Title:  Eliminate Brown-Bagging Permits.	(Public)

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Sponsors:

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Referred to:  

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April 14, 1999

A BILL TO BE ENTITLED
AN ACT TO ELIMINATE BROWN-BAGGING PERMITS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 18B-603(f) reads as rewritten:
"(f)	Permits Not Dependent on Elections. – The Commission may issue the following kinds of permits without approval at an election:
(1)	Special occasion permits;
(2)	Limited special occasion permits;
(3)	Brown-bagging permits for private clubs and congressionally chartered veterans organizations;
(3a)	Mixed beverages permit for any establishment that qualifies for a permit under G.S. 18B-1001(10).  However, the board of county commissioners in a county that does not allow the sale of mixed beverages may opt out and continue to prohibit the sale of mixed beverages if that action is taken before June 1, 2000;
(4)	Culinary permits, except as restricted by subdivision (d)(5);
(5)	Special one-time permits issued under G.S. 18B-1002;
(6)	All permits listed in G.S. 18B-1100;
(7)	On-premises malt beverage permits and on-premises unfortified wine permits for a tourism ABC establishment."
Section 2.  G.S. 18B-603(f1) reads as rewritten:
"(f1)	Mixed Beverages opt out. – The board of county commissioners in a county that does not allow the sale of mixed beverages may opt out of the issuance of permits pursuant to G.S. 18B-603(f)(3a) and continue to prohibit the sale of mixed beverages if that action is taken before June 1, 2000. However, an opt out shall not affect permits previously issued within the county pursuant to G.S. 18B-603(d), 18B-603(e), 18B-603(f), 18B-603(f2), 18B-603(g), or 18B-603(h).
The same board of county commissioners voting to opt out as described in G.S. 18B-603(f)(3a), or any subsequent board of county commissioners, may vote at any time to reverse its opt out vote and to allow the mixed beverage permits authorized by G.S. 18B-603(f)(3a) to be issued."
Section 3.  G.S. 18B-1001(10) 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 is located, the Commission may issue the following kinds of permits:
…
(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 to obtain on-premises malt beverage and unfortified wine permits and to obtain a purchase-transportation permit under G.S. 18B-403 and 18B-404, and to use for culinary purposes spirituous liquor lawfully purchased for use in mixed beverages. The holder of this permit shall buy spirituous liquor from the ABC system in their jurisdiction, or if there is none, from the nearest ABC store designated for sales to mixed beverages permittees.  The permit may be issued for any of the following:
a.	Restaurants;
b.	Hotels;
c.	Private clubs;
d.	Convention centers;
e.	Community theatres;
f.	Nonprofit organizations;
g.	Political organizations;
h.	Congressionally chartered veterans organizations; and
i.	Sports clubs."
Section 4.  G.S. 18B-603(f) reads as rewritten:
"(f)	Permits Not Dependent on Elections. – The Commission may issue the following kinds of permits without approval at an election:
(1)	Special occasion permits;
(2)	Limited special occasion permits;
(3)	Brown-bagging permits for private clubs and congressionally chartered veterans organizations;
(4)	Culinary permits, except as restricted by subdivision (d)(5);
(5)	Special one-time permits issued under G.S. 18B-1002;
(6)	All permits listed in G.S. 18B-1100;
(7)	On-premises malt beverage permits and on-premises unfortified wine permits for a tourism ABC establishment.
(8)	On-premises malt beverage permits and on-premises unfortified wine permits for any business that holds a mixed beverages permit."
Section 5.  G.S. 18B-603(c)(3), 18B-603(d)(4), 18B-1001(7), 18B-1006(b), and 18B-301(b)(3) are repealed.
Section 6.  Brown-bagging permits issued before the effective date of this act shall be surrendered by the permittee upon receipt of a mixed beverages permit. The Commission shall no longer issue new brown-bagging permits after the effective 
date of this act.
Applications for mixed beverages permits filed with the Alcoholic Beverage Control Commission prior to the date of any opt out decision by the board of county commissioners of the county in which the applicant is located may be considered by the Commission and issued to qualified applicants.
Section 6.1.  G.S. 18B-903(5) reads as rewritten:
"(5)	Except as provided in G.S. 18B-603(f)(3a) and Section 6 of House Bill 1043, as ratified, all other ABC permits shall be valid for one year, from May 1 to April 30."
Section 7.  This act is effective when it becomes law.  Any permits issued pursuant to this act shall be effective on or after June 1, 2000.