North Carolina § 18B-1114 - 5. Authorization of malt beverage special event permit.

§ 18B-1114. 5. Authorization of malt beverage special event permit.

Authorization. - The holder of a brewery permit, a malt beverages importer permit, a brewing, distillation, and fermentation course authorization, or a nonresident malt beverage vendor permit may obtain a malt beverage special event permit allowing the permittee to give free tastings of its malt beverages; to sell branded merchandise such as glassware, cups, signs, t-shirts, hats, and other apparel; and to sell its malt beverages by the glass or in closed containers at trade shows, conventions, shopping malls, malt beverage festivals, street festivals, holiday festivals, agricultural festivals, farmers markets, balloon races, local fund-raisers, and other similar events approved by the Commission. Except for a brewery operating under the provisions of G.S. 18B-1104(a)(8), all malt beverages sampled or sold pursuant to this section must be purchased from a licensed malt beverages wholesaler. Limitation. - A malt beverage special event permit is valid only in a jurisdiction that has approved the establishment of ABC stores or has approved the sale of malt beverages. A malt beverage special event shall not be used as subterfuge for malt beverages suppliers to ship directly to retail permittees unless otherwise authorized by law. History (2009-377, s. 4; 2014-115, s. 28.2(b); 2014-120, s. 17(b); 2017-87, s. 16(e); 2018-100, s. 6(b); 2019-182, s. 9.) Editor's Note. - Session Laws 2009-377, in the preface, provides that: "Whereas, in 2001 the North Carolina General Assembly approved wine tasting permits and winery special event permits and affirmed and clarified these permits in 2005; and "Whereas, North Carolina's wineries have blossomed into a $1,000,000,000 industry in North Carolina creating jobs and furthering North Carolina's visibility as a tourism destination; and "Whereas, North Carolina wineries have helped transform communities and served as an economic engine; and "Whereas, North Carolina's craft brewers also are a growing industry in North Carolina with more than 20 craft breweries located in North Carolina; and "Whereas, North Carolina's craft brewers also could serve as an economic engine throughout North Carolina and create jobs and serve as a tourist draw; and "Whereas, North Carolina is now being recognized as a highly respected state for specialty malt beverages; and "Whereas, the creation of a malt beverage special event permit and a malt beverage tasting permit will help grow this industry in a similar fashion as similar actions taken by the North Carolina General Assembly have helped grow North Carolina's wine industry; and "Whereas, the North Carolina General Assembly reaffirms its support of State-based alcohol regulation and the three-tier distribution of wine and malt beverages; Now, therefore," Session Laws 2017-87, s. 19(a), (b), provides: "(a) Except as otherwise provided, the Alcoholic Beverage Control (ABC) Commission shall adopt temporary rules to implement the provisions of this act. Temporary rules adopted in accordance with this section shall remain in effect until permanent rules that replace the temporary rules become effective. "(b) Any rule or policy adopted by the ABC Commission that does not comply with the provisions of this act shall be null, void, and without effect." Sessions Laws 2018-100, s. 8(a), is a severability clause. Session Laws 2019-182, s. 28, is a severability clause. Effect of Amendments. - Session Laws 2014-115, s. 28.2(b), effective August 11, 2014, substituted "G.S. 18B-1104(8)" for "G.S. 18B-1104(7)" in the last sentence of subsection (a). Session Laws 2014-120, s. 17(b), effective September 18, 2014, substituted "brewery permit, a malt beverages importer permit, a brewing, distillation, and fermentation course authorization, or a" for "brewery, malt beverage importer, or" in subsection (a). Session Laws 2017-87, s. 16(e), effective June 30, 2017, substituted "G.S. 18B-1104(a)(8)" for "G.S. 18B-1104(8)" in subsection (a). Session Laws 2018-100, s. 6(b), effective June 26, 2018, inserted "to sell branded merchandise such as glassware, cups, signs, t-shirts, hats, and other apparel" in subsection (a). Session Laws 2019-182, s. 9, effective September 1, 2019, inserted "farmers markets" in subsection (a).