North Carolina § 18B-902 - Application for permit; fees.

§ 18B-902. Application for permit; fees.

Form. - An application for an ABC permit shall be on a form prescribed by the Commission and shall be notarized. Each person required to qualify under G.S. 18B-900(c) shall sign and swear to the application and shall submit a full set of fingerprints with the application. Investigation. - Before issuing a new permit, the Commission, with the assistance of the ALE Division, shall investigate the applicant and the premises for which the permit is requested. The Commission may request the assistance of local ABC officers in investigating applications. An applicant shall cooperate fully with the investigation. False Information. - Knowingly making a false statement in an application for an ABC permit shall be grounds for denying, suspending, revoking or taking other action against the permit as provided in G.S. 18B-104 and shall also be unlawful. Fees. - An application for an ABC permit shall be accompanied by payment of the following application fee: On-premises malt beverage permit - $400.00. Off-premises malt beverage permit - $400.00. On-premises unfortified wine permit - $400.00. Off-premises unfortified wine permit - $400.00. On-premises fortified wine permit - $400.00. Off-premises fortified wine permit - $400.00. Brown-bagging permit - $400.00, unless the application is for a restaurant seating less than 50, in which case the fee shall be $200.00. Special occasion permit - $400.00. Limited special occasion permit - $50.00. Mixed beverages permit - $1,000. Culinary permit - $200.00. Unfortified winery permit - $300.00. Fortified winery permit - $300.00. Limited winery permit - $300.00. Brewery permit - $300.00. Distillery permit - $300.00. Fuel alcohol permit - $100.00. Wine importer permit - $300.00. Wine wholesaler permit - $300.00. Malt beverage importer permit - $300.00. Malt beverage wholesaler permit - $300.00. Bottler permit - $300.00. Salesman permit - $100.00. Vendor representative permit - $50.00. Nonresident malt beverage vendor permit - $100.00. Nonresident wine vendor permit - $100.00. Any special one-time permit under G.S. 18B-1002 - $50.00. Winery special event permit - $200.00. Mixed beverages catering permit - $200.00. Guest room cabinet permit - $1,000. Liquor importer/bottler permit - $500.00. Cider and vinegar manufacturer permit - $200.00. Brew on premises permit - $400.00. Wine producer permit - $300.00. Wine tasting permit - $100.00. Repealed by Session Laws 2005-380, s. 1, effective September 8, 2005, and applicable to wine shipper permit applications submitted on or after that date. Wine shop permit - $100.00. Winemaking on premises permit - $400.00. Wine shipper packager permit - $100.00. Malt beverage special event permit - $200.00. Malt beverage tasting permit - $100.00. Spirituous liquor tasting permit - $100.00. Antique spirituous liquor permit - $100.00. Spirituous liquor special event permit - $200.00. Special auction permit - $750.00. Common area entertainment permit - $750.00. Delivery service permit - $400.00. Repealed by Session Laws 1998-95, s. 29, effective May 1, 1999. Fee Not Refundable. - The fee required by subsection (d) shall not be refunded. Fees to Treasurer. - All fees collected by the Commission under this or any other section of this Chapter shall be remitted to the State Treasurer for the General Fund. Recycling Plan Required. - Each applicant for an on-premises malt beverage permit, on-premises unfortified wine permit, on-premises fortified wine permit, or a mixed beverages permit shall prepare and submit with the application a plan for the collection and recycling of all recyclable beverage containers of all beverages to be sold at retail on the premises. A permittee who is not able to find a recycler for its beverage containers may apply to the Alcoholic Beverage Control Commission for a one-year stay of the requirement to implement a recycling program in compliance with G.S. 18B-1006.1. The application shall be made in a form specified by the Commission, shall detail the efforts made by the permittee to provide for the collection and recycling of beverage containers, and shall specify the impediments to implementation of a recycling plan. The Commission shall submit all such applications to the Division of Environmental Assistance and Outreach of the Department of Environmental Quality for review and certification. The Division of Environmental Assistance and Outreach shall investigate each application and prepare a summary of its investigation and shall submit the summary to the Commission along with a notation indicating certification or denial of the application. A permittee whose application for a stay is certified by the Division of Environmental Assistance and Outreach shall not be required to comply with the recycling requirement of the alcoholic beverage laws and regulations during the one-year stay period so certified. The Department of Public Safety may provide a criminal record check to the ALE Division for a person who has applied for a permit through the Commission. The ALE Division shall provide to the Department of Public Safety, along with the request, the fingerprints of the applicant, any additional information required by the Department of Public Safety, and a form signed by the applicant consenting to the check of the criminal record and to the use of the fingerprints and other identifying information required by the State or national repositories. The applicant's fingerprints shall be forwarded to the State Bureau of Investigation for a search of the State's criminal history record file, and the State Bureau of Investigation shall forward a set of the fingerprints to the Federal Bureau of Investigation for a national criminal history check. The ALE Division and the Commission shall keep all information pursuant to this subsection privileged, in accordance with applicable State law and federal guidelines, and the information shall be confidential and shall not be a public record under Chapter 132 of the General Statutes. The Department of Public Safety may charge each applicant a fee for conducting the checks of criminal history records authorized by this subsection. History (1949, c. 974, ss. 1, 2; 1963, c. 119; c. 426, s. 12; 1965, c. 326; 1971, c. 872, s. 1; 1973, c. 758, s. 2; c. 1012; 1975, c. 19, s. 5; 1977, c. 70, s. 19.1; c. 668, s. 3; c. 977, ss. 1, 2; 1979, c. 286, s. 4; 1981, c. 412, s. 2; c. 747, ss. 55, 56; 1983, c. 713, s. 105; 1989, c. 737, s. 3; c. 800, s. 7; 1991, c. 267, s. 2; c. 565, ss. 2, 7; c. 669, s. 2; c. 689, ss. 307, 308; 1991 (Reg. Sess., 1992), c. 920, s. 5; 1993, c. 415, s. 11; 1993 (Reg. Sess., 1994), c. 745, s. 28; 1995, c. 404, s. 2; c. 466, s. 7; 1997-134, s. 3; 1997-467, s. 2; 1998-95, s. 29; 2001-262, s. 6; 2001-487, s. 49(f); 2002-147, s. 1; 2003-402, s. 1; 2005-350, s. 2(b); 2005-380, s. 1; 2006-222, s. 2.3; 2006-227, s. 3; 2007-402, s. 2(b); 2008-187, s. 6; 2009-105, s. 1; 2009-377, s. 1; 2010-31, ss. 13.1(b), 14.12(b); 2011-145, s. 19.1(q); 2014-100, s. 17.1(o), (xxx); 2015-98, s. 1(c); 2015-241, s. 14.30(u); 2017-87, s. 2(b); 2019-182, ss. 19(c), 20(b); 2019-203, s. 9(a).) Editor's Note. - Session Laws 2002-147, s. 15, provides: "If the Private Security Officer Employment Standards Act of 2002 [S. 2238, 107th Cong. (2002)] is enacted by the United States Congress, the State of North Carolina declines to participate in the background check system authorized by that act as a result of the enactment of this act." 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," For a prior provision similar to G.S. 18B-902(h), see S.L. 2007-402, s. 2(d). 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 subdivision (d)(43), as added by Session Laws 2015-98, s. 1(c), effective upon adoption of rules pursuant to Session Laws 2015-98, s. 1(i). The Revisor is informed that rules were adopted. 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." Session Laws 2019-182, s. 28, is a severability clause. Session Laws 2021-2, s. 4, provides: "The ABC Commission shall reinstate or reactivate any ABC permits it cancelled or moved to inactive status as a result of its interpretation of Section 1 of S.L. 2020-94 as it existed prior to being amended by Section 1 of this act. In implementing this section, the Commission shall not require affected ABC permittees to submit an application or pay any fees required under G.S. 18B-902. Any permittee whose permit was cancelled or moved to inactive status in this manner and who paid the permit fee to have the permit reinstated or reactivated may request a refund pursuant to Section 3 of this act." Effect of Amendments. - Session Laws 2005-350, s. 2(b), effective September 7, 2005, added subdivision (d)(37). Session Laws 2005-380, s. 1, effective September 8, 2005, and applicable to wine shipper permit applications submitted on or after that date, repealed former subdivision (d)(36) which read: "Wine shipper permit - $100.00." Session Laws 2006-222, s. 2.3, effective August 10, 2006, added subdivision (d)(38). Session Laws 2006-227, s. 3, effective August 10, 2006, added subdivisions (d)(38) and (d)(39). Session Laws 2007-402, s. 2(b), effective August 21, 2007, added subsection (h). Session Laws 2008-187, s. 6 amended subsection (h) to add the subsection catchline, which was not included in Session Laws 2007-402, s. 2(b). Session Laws 2010-31, s. 13.1(b), effective July 1, 2010, thrice substituted "Division of Environmental Assistance and Outreach" for "Division of Pollution Prevention and Environmental Assistance" in subsection (h). Session Laws 2010-31, s. 14.12(b), effective October 1, 2010, added subdivision (d)(42). Session Laws 2011-145, s. 19.1(q), effective January 1, 2012, substituted "ALE Section" for "ALE Division" throughout subsection (b). Session Laws 2014-100, s. 17.1(o) and (xxx), effective July 1, 2014, substituted "Department of Public Safety" for "Department of Justice" and "ALE Branch" for "ALE Section" throughout subsection (b). Session Laws 2015-98, s. 1(c), added subdivision (d)(43). For effective date, see editor's note. Session Laws 2015-241, s. 14.30(u), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" in subsection (h). Session Laws 2017-87, s. 2(b), effective June 30, 2017, added subdivisions (d)(44) and (d)(45). Session Laws 2019-182, s. 19(c), effective September 1, 2019, added subdivision (d)(46). Session Laws 2019-182, s. 20(b), effective December 1, 2019, added subdivision (d)(47). Session Laws 2019-203, s. 9(a), effective October 1, 2019, substituted "Division" for "Branch" four times in subsection (b).