North Carolina § 18B-101 - Definitions.

§ 18B-101. Definitions.

As used in this Chapter, unless the context requires otherwise: "ABC law" or "ABC laws" means any statute or statutes in this Chapter or in Article 2C of Chapter 105, and the rules issued by the Commission under the authority of this Chapter. "ABC permit" or "permits" means any written or printed authorization issued by the Commission pursuant to the provisions of this Chapter, other than a purchase-transportation permit. Unless the context clearly requires otherwise, as in the provisions concerning applications for permits, "ABC permit" or "permit" means a presently valid permit. "ABC system" means a local board, all ABC stores operated by a local board, and the designated ABC law enforcement officers employed pursuant to G.S. 18B-501. "Alcoholic beverage" means any beverage containing at least one-half of one percent (0.5%) alcohol by volume, including malt beverages, unfortified wine, fortified wine, spirituous liquor, and mixed beverages. "ALE Division" means the Alcohol Law Enforcement Division of the Department of Public Safety. "Antique spirituous liquor" means spirituous liquor that has not been in production or bottled in the last 20 years, is in the original manufacturer's unopened container, is not owned by a distillery, and is not otherwise available for purchase by an ABC Board except through the special order process pursuant to G.S. 18B-1001(20). "Antique spirituous liquor seller" means a person who sells antique spirituous liquor to an ABC Board. "Bailment surcharge" means the charge imposed on each case of liquor shipped from a Commission warehouse as provided in G.S. 18B-208. This bailment surcharge is in addition to the bailment charge imposed by G.S. 18B-804(b)(2). "Commission" means the North Carolina Alcoholic Beverage Control Commission established under G.S. 18B-200. "Finance officer" means the local board employee, other than a general manager, who is responsible for keeping the accounts of the local board, receiving and depositing receipts, disbursing funds, and any other duties assigned by the local board or Commission. "Fortified wine" means any wine, of more than sixteen percent (16%) and no more than twenty-four percent (24%) alcohol by volume, made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in accordance with the regulations of the United States. "General manager" means the local board employee who is responsible for the oversight of daily operations of the ABC system and any other duties assigned by the local board or Commission. The board may designate only one employee to be the general manager. "Historic ABC establishment" means a restaurant or hotel that meets all of the following requirements: Is on the national register of historic places or located within a State historic district. Is a property designed to attract local, State, national, and international tourists located on a State Route (SR) and with a property line located within 1.5 miles of the intersection of a designated North Carolina scenic byway as defined in G.S. 136-18(31). Is located within 15 miles of a national scenic highway. Is located in a county in which the on-premises sale of malt beverages or unfortified wine is authorized in two or more cities in the county. "Keg" means a portable container designed to hold and dispense 7.75 gallons or more of malt beverage. "Local board" means a city or county ABC board, or local board created pursuant to the provisions of G.S. 18B-703. A local board is an independent local political subdivision of the State. Nothing in this Chapter shall be construed as constituting a local board the agency of a city or county or of the Commission. "Lottery law" or "lottery laws" means any provision of Chapter 18C of the General Statutes and the rules issued by the Lottery Commission under the authority of Chapter 18C of the General Statutes. "Malt beverage" means beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage except unfortified or fortified wine as defined by this Chapter, containing at least one-half of one percent (0.5%), and not more than fifteen percent (15%), alcohol by volume. Any malt beverage containing more than six percent (6%) alcohol by volume shall bear a label clearly indicating the alcohol content of the malt beverage. "Mixed beverage" means either of the following: A drink composed in whole or in part of spirituous liquor and served in a quantity less than the quantity contained in a closed package. A premixed cocktail served from a closed package containing only one serving. "Nontaxpaid alcoholic beverage" means any alcoholic beverage upon which the taxes imposed by the United States, this State, or any other territorial jurisdiction in which the alcoholic beverage was purchased have not been paid. "Person" means an individual, firm, partnership, association, corporation, limited liability company, other organization or group, or other combination of individuals acting as a unit. "Premises" means a fixed permanent establishment, including all areas inside or outside the licensed establishment, where the permittee has control through a lease, deed, or other legal process. "Powdered alcohol" means any powder or crystalline substance capable of being converted into a liquid alcoholic beverage fit for human consumption. "Sale" means any transfer, trade, exchange, or barter, in any manner or by any means, for consideration. (See note) "Special ABC area" means an area that meets the following requirements: The area has fewer than 500 permanent residents, and the area: Is located in a county that borders another state, that has at least one city that has approved the operation of an ABC store, and in which the sale of unfortified wine and malt beverages is permitted countywide or in one city; and Contains more than 500 contiguous acres made up of privately-owned land and land owned by an association or a club that is exempt from income tax on its membership income under Article 4 of Chapter 105 of the General Statutes, has more than 200 members, was created for municipal and recreational purposes, and, for three or more years, has levied assessments or dues and provided municipal services; or The area has more than 500 permanent residents, and the area: Is located in a county: Where ABC stores have heretofore been established but in which the sale of mixed beverages has not been approved; That borders on a county that has approved the sale of alcoholic beverages countywide and contains an international airport; and Borders on a county where ABC stores have heretofore been established by petition pursuant to law; and Contains more than 500 contiguous acres made up of privately-owned land and land owned by an association or a club that is exempt from income tax on its membership income under Article 4 of Chapter 105 of the General Statutes, has more than 200 members, was created for municipal and recreational purposes, and, for three or more years, has levied assessments or dues and provided municipal services; or The area is an area of a county where the following requirements are met: The county borders on the Atlantic Ocean and has a seaport supporting oceangoing vessels; ABC stores have been established in the county and the sale of mixed beverages is allowed in six or more municipalities; The population of the county, according to the 2000 census, exceeds 52,000; The tourism economy of the county is made up of more than 3,000 tourism-related jobs; and Tourism expenditures within the county exceed two hundred million dollars ($200,000,000) annually. "Spirituous liquor" or "liquor" means distilled spirits or ethyl alcohol, including spirits of wine, whiskey, rum, brandy, gin and all other distilled spirits and mixtures of cordials, liqueur, and premixed cocktails, in closed containers for beverage use regardless of their dilution. "Tourism ABC establishment" means a restaurant or hotel that meets both of the following requirements: Is located on property, a property line of which is located within 1.5 miles of the end of an entrance or exit ramp of a junction on a national scenic parkway designed to attract local, State, national, and international tourists between the State line and Milepost 469, provided that the Eastern Band of Cherokee Indians tribal alcoholic beverage control commission established under G.S. 18B-112 shall have exclusive authority to issue permits pursuant to this subdivision between Milepost 460 and the southern terminus of the national scenic byway at Milepost 469 for any restaurant or hotel that is located wholly on Indian Country lands. Is located in a county in which the on-premises or off-premises sale of malt beverages or unfortified wine is authorized in at least one city. "Tourism resort" means: Any restaurant and lodging facility, whether public or private, owned and operated as a resort property offering food, beverage, lodging, and meeting facilities to travelers and tourists and featuring one or more golf courses and two or more tennis courts along with other recreational and sporting activities, or Any restaurant, whether public or private, owned and operated as a resort property offering food and beverage to travelers and tourists and featuring an equestrian center and two or more tennis courts along with other recreational and sporting activities. "Unfortified wine" means any wine of sixteen percent (16%) or less alcohol by volume made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in accordance with the regulations of the United States. Either: Receipts from sporting and recreational activities of a tourism resort shall be at least twenty-five percent (25%) of total gross receipts. Receipts from the sale of alcoholic beverages shall not exceed fifty percent (50%) of total gross receipts. A tourism resort open to the public shall advertise at least quarterly in a regional or national travel or sports industry publication, or in the State travel guide published by the North Carolina Department of Commerce. History (1981, c. 412, s. 2; 1981 (Reg. Sess., 1982), c. 1262, s. 2; c. 1285, s. 1; 1983, c. 435, s. 41; 1985, c. 69; 1987, c. 443, s. 1; 1989, c. 629, s. 1; 1989 (Reg. Sess., 1990), c. 1024, s. 5; 1991 (Reg. Sess., 1992), c. 920, ss. 1, 10; 1993, c. 415, ss. 1, 2; 1995, c. 466, s. 1; 1997-443, s. 16.27(b); 1999-461, s. 1; 1999-462, ss. 1, 13; 2001-515, s. 1; 2004-135, s. 1; 2004-203, s. 23; 2005-276, s. 31.1(x); 2005-277, s. 1; 2005-344, s. 10.1(a); 2005-392, s. 1; 2005-435, s. 25(a); 2006-253, s. 2; 2006-264, s. 95; 2010-122, s. 1; 2011-145, s. 19.1(g), (gg); 2014-100, s. 17.1(xxx); 2015-98, ss. 1(a), 2(a), 3(b); 2019-182, s. 12; 2019-203, s. 5.) Local Modification. - Graham and Swain: 2001-515, s. 2; village of Bald Head Island: 1985, c. 156. Editor's Note. - Session Laws 1987, c. 443, which added former subdivision (16), defining "Unincorporated area", which was rewritten in 1989 to define "Special ABC area" and renumbered subdivision (13a), provided in s. 3 that the act would not include Robeson, Cleveland, Rutherford and Polk Counties. Session Laws 1989, c. 629, which amended former subdivision (16) (now subdivision (13a)), provides in s. 4, as amended by Session Laws 1999-462, s. 11: "This act shall not include Columbus, Caswell, Person, Granville, Vance, Warren, Halifax, Robeson, Cleveland, Rutherford, Polk, Davidson, and Davie Counties." Session Laws 2015-98, s. 1(i), provides: "No later than September 1, 2015, the ABC Commission shall establish and adopt temporary rules to implement the provisions of this section." Session Laws 2015-98, s. 1(j), made the subdivisions (5a) and (5b) and the redesignation of former subdivision (5a) as (5c) by Session Laws 2015-98, s. 1(a), effective upon adoption of rules pursuant to Session Laws 2015-98, s. 1(i). The Revisor is informed that rules were adopted. Session Laws 2019-182, s. 28, is a severability clause. Effect of Amendments. - Session Laws 2004-135, s. 1, effective October 1, 2004, rewrote subdivision (7) and subdivision (15). Session Laws 2004-203, s. 23, effective August 17, 2004, added "or located within a State historic district" in subdivision (7A)a.; and made a minor punctuation change. Session Laws 2005-344, s. 10.1(a), as added by Session Laws 2005-276, s. 31.1(x), effective August 31, 2005, added subdivision (8a). Session Laws 2005-277, s. 1, effective August 13, 2005, in subdivision (9), substituted "fifteen percent (15%)" for "six percent (6%)" and added the last sentence. Session Laws 2005-392, s. 1, effective December 1, 2005, and applicable to offenses committed on or after that date, added subdivision (12a). Session Laws 2005-435, s. 25(a), effective September 27, 2005, deleted "pure" preceding the first occurrence of "grapes" in subdivision (15). Session Laws 2006-253, s. 2, effective December 1, 2006, and applicable to offenses committed on or after that date, added subdivision (7b). Session Laws 2006-264, s. 95, effective August 27, 2006, inserted "except unfortified or fortified wine as defined by this Chapter," in subdivision (9). Session Laws 2010-122, s. 1, effective October 1, 2010, added subdivisions (6a) and (7a), and redesignated former subdivisions (7a) and (7b) as subdivisions (7b) and (7c), respectively. Session Laws 2011-145, s. 19.1(g), (gg), effective January 1, 2012, in subdivision (5), substituted "'ALE Section' means the Alcohol Law Enforcement Section" for "'ALE Division' means the Alcohol Law Enforcement Division" and substituted "Public Safety" for "Crime Control and Public Safety." Session Laws 2014-100, s. 17.1(xxx), effective July 1, 2014, substituted "Branch" for "Section" twice in subdivision (5). Session Laws 2015-98, s. (1)(a), inserted subdivisions (5a) and (5b) and redesignated former subdivision (5a) as (5c). For effective date, see editor's note. Session Laws 2015-98, ss. 2(a) and 3(b), effective June 19, 2015, added subdivision (12b); and inserted "provided that the Eastern Band of Cherokee Indians tribal alcoholic beverage control commission established under G.S. 18B-112 shall have exclusive authority to issue permits pursuant to this subdivision between Milepost 460 and the southern terminus of the national scenic byway at Milepost 469 for any restaurant or hotel that is located wholly on Indian Country lands" in subdivision (14a)a. Session Laws 2019-182, s. 12, effective September 1, 2019, rewrote subsection (12a), which formerly read " 'Premises' means all areas, whether inside or outside the licensed premises, where the permittee has control of the property through a lease, deed, or other legal process." Session Laws 2019-203, s. 5, effective October 1, 2019, rewrote subdivision (3), which formerly read: "'ABC system' means a local board and all ABC stores operated by it, its law-enforcement branch, and all its employees"; and substituted "Division" for "Branch" twice in subdivision (5). Legal Periodicals. - For article, "A History of Liquor-by-the-Drink Legislation in North Carolina," see 1 Campbell L. Rev. 61 (1979). For survey of 1978 administrative law, see 57 N.C.L. Rev. 831 (1979). For comment, "Liability of Commercial Vendors, Employers, and Social Hosts for Torts of the Intoxicated," see 19 Wake Forest L. Rev. 1013 (1983).