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

§ 18B-1006. Miscellaneous provisions on permits.

School and College Campuses. - No permit for the sale of alcoholic beverages shall be issued to a business on the campus or property of a public school, college, or university. This subsection shall not apply to the following: A regional facility as defined by G.S. 160A-480.2 operated by a facility authority under Part 4 of Article 20 of Chapter 160A of the General Statutes. Property owned by a local board of education and leased for 99 years or more to a nonprofit auditorium authority created prior to 1991 whose governing board is appointed by a city governing board, a county board of commissioners, or a local school board. A hotel. A nonprofit alumni organization. Restaurants, eating establishments, food businesses, or retail businesses on the property defined by G.S. 116-198.33(4). Any golf courses owned or leased by the public college or university and open to the public for use. The sale of malt beverages, unfortified wine, or fortified wine at the following: Performing arts centers located on property owned or leased by the public college or university. Any stadiums that support a NASCAR-sanctioned one-fourth mile asphalt flat oval short track, that are owned or leased by the public college or university. Special one-time permits as described in G.S. 18B-1002(a)(5) for the Loudermilk Center for Excellence facility at the University of North Carolina at Chapel Hill. Special one-time permits described in G.S. 18B-1002(a)(6). A stadium, athletic facility, or arena on the campus or property of a public college or university, if the Board of Trustees of the public college or university has voted to allow the issuance of permits for use at that stadium, athletic facility, or arena. If a Board of Trustees votes to allow the issuance of permits in accordance with this subdivision, the Board of Trustees shall provide written notice to the Commission that it has voted to allow the issuance of permits. For purposes of this subdivision, the term "public college or university" does not include a community college. Any permit described in G.S. 18B-1001, 18B-1002(a)(2), or 18B-1002(a)(5) may be issued pursuant to this subdivision to applicants meeting the requirements for the requested permit. Notwithstanding the issuance of a mixed beverages permit pursuant to G.S. 18B-1001(10), this subdivision does not authorize the sale of mixed beverages when the stadium, athletic facility, or arena is being used for a sports event sponsored by the public college or university. This subdivision does not apply to any sales authorized under subdivisions (1) through (8) of this subsection. For purposes of this subdivision, the premises of a stadium, athletic facility, or arena shall include any area that meets all of the following requirements: Is within 500 feet of the furthest exterior building wall, perimeter fence, or permanent fixed perimeter. Is designated by the stadium, athletic facility, or arena in a map or written description that clearly defines the boundary of the area, and that map or written description is included in the permit application. Can be designated in a manner that enables the stadium, athletic facility, or arena to ensure compliance with the provisions of this Chapter. Lockers at Clubs. - A private club or congressionally-chartered veterans organization which has been issued a brown-bagging permit may, but is not required to, provide lockers for its members to store their alcoholic beverages. If lockers are provided, however, they shall not be shared but shall be for individual members. Each locker and each bottle of alcoholic beverages on the premises shall be labelled with the name of the member to whom it belongs. No more than eight liters each of malt beverages or unfortified wine may be stored by a member at one time. No more than eight liters of either fortified wine or spirituous liquor, or eight liters of the two combined, may be stored by a member at one time. Wine Sales. - Holders of retail or wholesale permits for the sale of unfortified or fortified wine may buy and sell only wines on the Commission's approved list. The Commission may authorize the importation and purchase of wines not on the approved list by permittees and others. An authorization shall state the kind and amount of wine that may be imported and purchased and the time within which the transaction shall be completed. Unlawful Possession or 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, any fortified wine or spirituous liquor, the possession or consumption of which is not authorized either by the permits issued to him for the premises or by any other provision of the ABC law. Facsimile Permit. - It shall be unlawful for any person to produce or possess any false or facsimile permit, or for a permittee to display any false or facsimile permit on his licensed premises. Failure to Surrender Permit. - It shall be unlawful for any person to refuse to surrender any permit to the Commission upon lawful demand of the Commission or its agents. Restrictions on Sales at Cooking Schools. - Retail sales of food or alcoholic beverages to be consumed on the premises of a cooking school are restricted to bona fide enrolled students of that school. Violation of this subsection is a ground for administrative action under G.S. 18B-104. Purchase Restrictions. - A retail permittee may purchase malt beverages, unfortified wine, or fortified wine only from a wholesaler who maintains a place of business in this State and has the proper permit. Tour Boats. - The Commission may issue permits to boats that conduct regularly scheduled tours upon the rivers or waterways of this State under the following conditions: A boat shall serve meals on each tour and shall have a dining area with seating for at least 36 people; A boat's gross receipts from food and non-alcoholic beverages shall be greater than its gross receipts from alcoholic beverages; A boat may hold the permits listed in G.S. 18B-1001(1), (3), (5), (7), and (10), but no off-premises sales may be made pursuant to those permits; A boat shall have a home 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 at other ports listed on a preannounced itinerary. The boat's permits are valid during tours that leave and return to the boat's home port, and apply regardless 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, except in an emergency; and A boat conducting tours along the intracoastal waterway and navigable waterways that enters into the intracoastal waterway, pursuant to a preannounced itinerary that includes visits to two or more cities, may serve alcoholic beverages pursuant to ABC permits issued according to the jurisdiction of its home port in the following manner: While on tour, alcoholic beverages may be served to passengers; While docked in any other port alcoholic beverages may be served only to tour passengers; During special city-sponsored events and festivals, in which case the boat may open its galley and bars at dockside to the general public and sell those alcoholic beverages that are lawful in the jurisdiction in which it is docked. Any sales in this manner shall be in accordance with the requirements of any ordinances of the jurisdiction in which the boat is docked. Liquor purchased for resale in mixed beverages may be purchased only from the local board for the jurisdiction of the boat's home port. Recreation Districts. - Notwithstanding the provisions of Article 6 of this Chapter, the Commission may issue permits for the sale of malt beverages, unfortified wine, fortified wine, and mixed beverages to qualified businesses in a recreation district. An area that is located in a county that has not approved the issuance of permits, has at least two cities that have approved the sale of malt beverages, wine, and the operation of an ABC store, and contains a facility of at least 450 acres where five or more public auto racing events are held each year. An area that is located in a county that borders a county which has held elections pursuant to G.S. 18B-600(f) and borders on another state and which (i) contains a facility of at least 225 acres where four or more public auto racing events are held each year or (ii) contains a facility of at least 140 acres where 80 or more motor sports events are held each year. A recreation district includes the area within a half-mile radius of a racing facility that meets the requirements of subdivision (1) or (2) of this subsection. Repealed by Session Laws 2004-203, s. 27, effective August 17, 2004. Residential Private Club and Sports Club Permits. - The Commission may issue the permits listed in G.S. 18B-1001, without approval at an election, to a residential private club or a sports club, except if the sale of mixed beverages is not lawful within a jurisdiction and that locality has voted against the sale of mixed beverages in a referendum conducted on or after September 1, 2001. If the issuance of permits is prohibited by the exception in the previous sentence, the Commission may renew existing permits and may continue to issue permits for a business location that had previously held permits under this subsection. No permit may be issued to any residential private club or sports club that practices discrimination on the basis of race, gender or ethnicity. Repealed by Session Laws 2004-203, s. 65, effective August 17, 2004. Interstate Interchange Economic Development Zones. - 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), (6), and (8) located within one mile of an interstate highway interchange located in a county that: Has approved the sale of malt beverages, unfortified wine, and fortified wine, but not mixed beverages; Operates ABC stores; Borders on another state; and Lies north and east of the Roanoke River. The Commission may issue permits listed in G.S. 18B-1001(1), (3), (5), and (10) to qualified establishments defined in G.S. 18B-1000(4), (6), and (8) and may issue permits listed in G.S. 18B-1001(2) and (4) to qualified establishments defined in G.S. 18B-1000(3) in any county that qualifies for issuance of permits pursuant to G.S. 18B-1006(k). These permits may be issued without approval at an election and shall be issued only to qualified establishments that meet all of the following requirements: Located within one mile of any interstate highway interchange in that county; Located within one mile of an establishment issued a permit under G.S. 18B-1006(k); and Is, or is located within one-quarter mile of, a hotel with 70 or more rooms. Repealed by Session Laws 2004-203, s. 28, effective August 17, 2004. National Historic Landmark 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 as defined in 16 U.S.C. § 470a(a)(1)(B) located in a county that meets all of the following requirements: Has approved the sale of malt beverages and unfortified wine but not mixed beverages. Has at least one city that has approved the operation of an ABC store and the sale of mixed beverages. Has at least 150,000 population based on the last federal census. State Boundary Certification. - The Commission may issue permits listed in G.S. 18B-1001(2) and (4), without approval at an election, to qualified establishments defined in G.S. 18B-1000(7) that meet all of the following requirements: The establishment is located in a county that borders on another state. The location of the establishment was reclassified from out-of-state to North Carolina as a result of a State boundary certification. The establishment was licensed or permitted by the previous state of record to sell malt beverages and unfortified wine. Expired. The Commission shall issue a special occasion permit under G.S. 18B-1001(8) to a mixed beverage permittee in a sports facility occupied by a major league professional sports team with suites available for sale or lease to patrons of the facility to authorize patrons to make available alcoholic beverages in those suites as if the patron were a host of a reception, party or other special occasion. If the patron occupying the suite so desires, alcoholic beverages by self-service may be made available to any person at least 21 years of age possessing a valid ticket to the event authorizing that person to occupy the suite. At no event may the patron make available a quantity of alcoholic beverages in excess of the amount a person is allowed to buy under G.S. 18B-303(a). A mixed beverage permittee who holds a permit shall provide mixed beverage tax paid spirituous liquor for resale by the container in approved sizes of no larger than 750 milliliters to the host or patron of the suite. This subsection does not authorize any person possessing a valid ticket to an event at the facility to bring alcoholic beverages onto the premises and consume those alcoholic beverages on the premises, or to remove those beverages from the suite. The hours for sales and consumption of alcoholic beverages on the premises of a permittee who meets the requirements of G.S. 18B-1009 shall be one hour earlier than permitted by G.S. 18B-1004(c). A "recreation district" is an area that meets any of the following requirements: The mixed beverages purchase-transportation permit authorized by G.S. 18B-404(b) shall be issued by a local board operating a store located in the county. History (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; 2013-394, s. 5(b); 2013-410, s. 27.9; 2014-120, s. 14; 2016-23, s. 8; 2018-145, s. 13(b); 2019-52, s. 1.) Local Modification. - Davie: 2001-130, ss. 1.1 to 1.3; Graham: 2001-130, ss. 1.1 to 1.3; Harnett: 2001-130, ss. 1.1 to 1.3; Lincoln: 2001-130, ss. 1.1 to 1.3; McDowell: 2001-130, ss. 1.1 to 1.3; Swain: 2001-130, ss. 1.1 to 1.3; Yancey: 2001-130, ss. 1.1 to 1.3. Editor's Note. - Session Laws 1995, c. 496, s. 13.1(a), effective July 27, 1995, repealed Session Laws 1995, c. 466, s. 12.1, which would have added, effective October 1, 1995, subsection ( l ), regarding the issuance of permits to restaurants operated as a part of a deep saltwater marina. Subsection (k) of this section was amended by Session Laws 2001-130, ss. 1 and 1.4, in the coded bill drafting format provided by G.S. 120-20.1. The amendment by 2001-130, s. 1.4, failed to incorporate changes made by Session Laws 2001-130, s. 1. This section is set out in the form above at the direction of the Revisor of Statutes. Session Laws 2005-327, s. 4, was codified as subsection (p) of this section at the direction of the Revisor of Statutes. Session Laws 2013-394, s. 5(a), provides: "With respect to Winston-Salem State University's Bowman Gray & Civitan Park Acquisition project, the institution may accomplish construction, acquisition, and financing notwithstanding the requirement in G.S. 116D-22(5) as to location at the institution and either through direct ownership of the project or by participation in a long-term agreement with the City of Winston-Salem if the property that is the subject of the project is a stadium that supports a NASCAR-sanctioned one-fourth mile asphalt flat oval short track and if all of the following requirements are met: "(1) The stadium is not renamed. "(2) No parking fees are charged for racing events at the stadium, the amount of public parking remains at or greater than the current level, and replacement parking, if any, is located on property adjacent to current parking areas. "(3) No prohibitions are placed on spectators of racing events at the stadium that would prohibit the spectators from entering with food, nonalcoholic beverages, or both. Nothing in this subdivision shall prohibit regulations on containers that are imposed on the grounds that the regulations are necessary for public safety. "(4) Where the property is subject to a lease at the time of acquisition, the lease provides for or is modified contemporaneously to provide for (i) a dispute resolution process, including the use of a committee, to resolve any disagreement between lessor and lessee, (ii) a process for accountability by the parties and recourse for the failure of the parties to perform any obligations or requirements included in the lease, and (iii) a prohibition against modification to co-located facilities that would adversely and materially impact race safety, operations, and costs, provided that the co-located facilities are football facilities. "(5) Where the property is subject to a lease at the time of acquisition, the lease is for or is modified contemporaneously to be for a term of 30 years from the date of execution. If a modification to the lease term is required, the term of the lease may be extended up to 10 years notwithstanding any other provision of law. "(6) The property continues to be made available, notwithstanding any other provision of law, for racing and racing-related events in a manner consistent with and under terms similar to those agreed upon for the use of the property immediately prior to the acquisition." Session Laws 2013-394, s. 5(b), provides, in part, that the amendment to subsection (a) of this section is in support of "NASCAR's longest-running weekly race track" located within the Bowman Gray Stadium. Session Laws 2016-23, s. 12(a), is a severability clause. Session Laws 2019-52, s. 1, added a subdivision (a)(9), but failed to take into account the subdivision (a)(9) as added by Session Laws 2018-145, s. 13(b). The subdivision as added by Session Laws 2019-52, s. 1, was renumbered as subdivision (a)(10) at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2004-199, s. 10, effective August 17, 2004, in subdivision (m)(2), deleted "(5)" following the references to "G.S. 18B-1006(k)" in the first sentence and in sub-subdivision b., added sub-subdivision c., and made minor stylistic changes. Session Laws 2004-203, ss. 27, 28 and 65, effective August 17, 2004, repealed subdivision (j)(4), which related to the definition of recreation districts and what services and facilities they must offer; repealed subsection ( l ); repealed subdivision (m)(3), which related to issuance of permits to qualified establishments; and deleted the the former last paragraph of subsection (m), which related to establishments located within two miles of an interstate highway interchange, within three miles of the common border. Session Laws 2005-327, s. 1, effective August 26, 2005, in subsection (a), deleted "Provided, however," at the beginning of the second sentence, and added the third sentence. Session Laws 2005-327, s. 2, effective August 26, 2005, and expired December 31, 2005, added subsection (o), which read: "County-Owned Facilities. - Notwithstanding any other provision of this Chapter, the Commission shall issue permits to allow the on-premises sales and consumption of beer and wine at a county-owned facility that is located adjacent to or separated by a road right-of-way from a municipality where mixed beverages, on-premises beer, and on-premises wines sales are authorized by law." See Editor's note. Session Laws 2006-227, s. 7, effective August 10, 2006, inserted "or to any golf courses owned or leased by the institutions and open to the public for use" at the end of subsection (a). Session Laws 2006-264, s. 100, effective August 27, 2006, in subsection (p), inserted "a mixed beverage permittee in" in the first sentence, and added the second to last sentence. Session Laws 2007-323, s. 6.25, effective July 1, 2007, added subsection (q). Session Laws 2013-394, s. 5(b), effective August 23, 2013, in the third sentence in subsection (a), inserted the clause (i) and (ii) designations, added clause (iii) and made related changes. Session Laws 2013-410, s. 27.9, effective August 23, 2013, in subsection (a), added the last sentence. Session Laws 2014-120, s. 14, effective September 18, 2014, rewrote subsection (a). Session Laws 2016-23, s. 8, effective June 22, 2016, added subsection (n1). Session Laws 2018-145, s. 13(b), effective December 27, 2018, added subdivision (a)(9). Session Laws 2019-52, s. 1, effective June 26, 2019, substituted "Statutes" for "Statutes, unless the permit is for a public school or public college or university function" in subdivision (a)(1); deleted "and that only sell malt beverages, unfortified wine, or fortified wine at events that are not sponsored or funded by the public college or university" at the end of sub-subdivision (a)(7)b.; and added subdivision (a)(9).