GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2019

SESSION LAW 2019-52

HOUSE BILL 389

AN ACT to authorize public colleges and universities to allow alcohol sales at stadiums, athletic facilities, and arenas located on school property.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 18B‑1006(a) reads as rewritten:

"(a)      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:

(1)        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, unless the permit is for a public school or public college or university function.Statutes.

(2)        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.

(3)        A hotel.

(4)        A nonprofit alumni organization.

(5)        Restaurants, eating establishments, food businesses, or retail businesses on the property defined by G.S. 116‑198.33(4).

(6)        Any golf courses owned or leased by the public college or university and open to the public for use.

(7)        The sale of malt beverages, unfortified wine, or fortified wine at the following:

a.         Performing arts centers located on property owned or leased by the public college or university.

b.         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, 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.university.

(8)        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.

(9) 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:

a. Is within 500 feet of the furthest exterior building wall, perimeter fence, or permanent fixed perimeter.

b. 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.

c. Can be designated in a manner that enables the stadium, athletic facility, or arena to ensure compliance with the provisions of this Chapter."

SECTION 2.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 20^th day of June, 2019.

                                                                    s/  Daniel J. Forest

                                                                         President of the Senate

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

                                                                    s/  Roy Cooper

                                                                         Governor

Approved 1:34 p.m. this 26^th day of June, 2019