GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	3 

HOUSE BILL 1094
Committee Substitute Favorable 5/8/89
Third Edition Engrossed 5/10/89

Short Title:  ABC-Tour Boat Amendments.	(Public)
─────────────────────────────────────── 
Sponsors:
─────────────────────────────────────── 
Referred to:  
─────────────────────────────────────── 

April 7, 1989

A BILL TO BE ENTITLED
AN ACT TO MODIFY THE LAWS REGULATING THE OPERATION OF TOUR BOATS WITH ABC PERMITS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 18B-1006(i) reads as rewritten:
"(i)	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:
(1)	A boat shall serve meals on each tour and shall have a dining area with seating for at least 36 people;
(2)	A boat's gross receipts from food and non-alcoholic beverages shall be greater than its gross receipts from alcoholic beverages;
(3)	A boat may hold the permits listed in G.S. 18B-1001(1), (3), (5), and (10), but no off-premises sales may be made pursuant to those permits;
(4)	A boat shall have a home port in an area where issuance 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
(5)	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:
a.	While on tour, alcoholic beverages may be served to passengers;
b.	While docked in any other port alcoholic beverages may be served only to tour passengers;
c.	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.
(6)	Liquor purchased for resale in mixed beverages may be purchased only from the local board for the jurisdiction of the boat's home port."
Sec. 2.  This act is effective upon ratification.