North Carolina HB 1595: Malt Beverage Special Permit.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009

SESSION LAW 2009-377
HOUSE BILL 1595

*H1595-v-6*
AN ACT TO AUTHORIZE THE NORTH CAROLINA ALCOHOLIC BEVERAGE
CONTROL COMMISSION TO ISSUE MALT BEVERAGE SPECIAL EVENT
PERMITS AND MALT BEVERAGE TASTING PERMITS IN THE SAME OR SIMILAR
MANNER AS WINE.

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,

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 18B-902(d) reads as rewritten:
"(d) Fees. – An application for an ABC permit shall be accompanied by payment of the
following application fee:
(1) On-premises malt beverage permit – $400.00.
(2) Off-premises malt beverage permit – $400.00.
(3) On-premises unfortified wine permit – $400.00.
(4) Off-premises unfortified wine permit – $400.00.
(5) On-premises fortified wine permit – $400.00.
(6) Off-premises fortified wine permit – $400.00.
(7) 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.
(8) Special occasion permit – $400.00.
(9) Limited special occasion permit – $50.00.
(10) Mixed beverages permit – $1,000.
(11) Culinary permit – $200.00.
(12) Unfortified winery permit – $300.00.
(13) Fortified winery permit – $300.00.
(14) Limited winery permit – $300.00.
(15) Brewery permit – $300.00.
(16) Distillery permit – $300.00.
(17) Fuel alcohol permit – $100.00.
(18) Wine importer permit – $300.00.
(19) Wine wholesaler permit – $300.00.

Page 2 Session Law 2009-377 SL2009-0377
(20) Malt beverage importer permit – $300.00.
(21) Malt beverage wholesaler permit – $300.00.
(22) Bottler permit – $300.00.
(23) Salesman permit – $100.00.
(24) Vendor representative permit – $50.00.
(25) Nonresident malt beverage vendor permit – $100.00.
(26) Nonresident wine vendor permit – $100.00.
(27) Any special one-time permit under G.S. 18B-1002 – $50.00.
(28) Winery special event permit – $200.00.
(29) Mixed beverages catering permit – $200.00.
(30) Guest room cabinet permit – $1,000.
(31) Liquor importer/bottler permit – $500.00.
(32) Cider and vinegar manufacturer permit – $200.00.
(33) Brew on premises permit – $400.00.
(34) Wine producer permit – $300.00.
(35) Wine tasting permit – $100.00.
(36) 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.
(37) Wine shop permit – $100.00.
(38) Winemaking on premises permit – $400.00.
(39) Wine shipper packager permit – $100.00.
(40) Malt beverage special event permit – $200.00.
(41) Malt beverage tasting permit – $100.00."
SECTION 2. G.S. 18B-1001 is amended by adding a new subdivision to read:
"(18) Malt Beverage Tasting Permit. – A malt beverage tasting permit authorizes
malt beverage tastings on a premises holding a retail permit by the retail
permit holder or his employee. A representative of the brewery whose
beverages are being featured at the tasting shall be present at the tasting
unless the wholesaler or a wholesaler's employee determines that no
representative of the brewery needs to be present. A malt beverage tasting
consists of the offering of a sample of one or more malt beverage products,
in amounts of no more than two ounces for each sample, without charge, to
customers of the business. Any persons pouring malt beverage at a malt
beverage tasting shall be at least 21 years of age.
a. Representatives of the brewery which produced the malt beverage, a
wholesaler, or a wholesaler's employee may assist with the tasting.
Assisting with a malt beverage tasting includes:
1. Pouring samples for customers.
2. Checking the identification of patrons being served at the
malt beverage tasting.
b. When a representative of the brewery that produced the