A BILL TO BE ENTITLED
AN ACT to allow the issuance of off-premises malt beverage and unfortified wine permits to incorporated MUNICIPALITIES after an election allowing the sale of mixed beverages, To require an applicant for an ABC Permit to be a united states citizen or legally present in the united states for a permit to be issued, to change abc permit registration and inspection fee revocations to suspensions, to allow local governments and nonprofit organizations to have special one‑time permits to sell and serve Malt beverages, wines, mixed beverages, and spirituous liquors at fund‑raisers, to make technical corrections to commercial permits, to allow winemaking on premises permits at unfortified wineries, and to change the fee for winemaking on premises permits as recommended by the Alcoholic beverage control Commission.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 18B‑603(d)(3) reads as rewritten:
"(3)	The Commission may issue off‑premises malt beverage permits to any establishment that meets the requirements under G.S. 18B‑1001(2) in any township or incorporated municipality which has voted to permit the sale of mixed beverages, regardless of any other local act concerning sales of those kinds of alcoholic beverages. The Commission may also issue off‑premises unfortified wine permits to any establishment that meets the requirements under G.S. 18B‑1001(4) in any township or incorporated municipality which has voted to permit the sale of mixed beverages, regardless of any other local act concerning sales of those kinds of alcoholic beverages."
SECTION 2.  G.S. 18B‑900(a) reads as rewritten:
"§ 18B‑900.  Qualifications for permit.
(a)	Requirements. – To be eligible to receive and to hold an ABC permit, a person shall:
(1)	Be at least 21 years old, unless the person is a manager of a business selling only malt beverages and unfortified wine, in which case the person shall be at least 19 years old;
(2)	Be a resident of North Carolina unless:
a.	He is an officer, director or stockholder of a corporate applicant or permittee and is not a manager or otherwise responsible for the day‑to‑day operation of the business; or
b.	He has executed a power of attorney designating a qualified resident of this State to serve as attorney in fact for the purposes of receiving service of process and managing the business for which permits are sought; or
c.	He is applying for a nonresident malt beverage vendor permit, a nonresident wine vendor permit, or a vendor representative permit;
(3)	Not have been convicted of a felony within three years, and, if convicted of a felony before then, shall have had his citizenship restored;
(4)	Not have been convicted of an alcoholic beverage offense within two years;
(5)	Not have been convicted of a misdemeanor controlled substance offense within two years; and
(6)	Not have had an alcoholic beverage permit revoked within three years, except where the revocation was based solely on a permittee's failure to pay the annual registration and inspection fee required in G.S. 18B‑903(b1).
(7)	Not have, whether as an individual or as an officer, director, shareholder or manager of a corporate permittee, an unsatisfied outstanding final judgment that was entered against him in an action under Article 1A of this Chapter.
(8)	Be a United States citizen with a valid social security number or, if not a citizen of the United States, present valid documentation demonstrating legal presence in the United States and that documentation is issued to the applicant under the authority of the United States government.
To avoid undue hardship, however, the Commission may decline to take action under G.S. 18B‑104 against a permittee who is in violation of subdivisions (3), (4), or (5)."
SECTION 3.  G.S. 18B‑903(b1) reads as rewritten:
"(b1)	Registration. – Each person holding a malt beverage, fortified wine, or unfortified wine permit issued pursuant to G.S. 18B‑902(d)(1) through G.S. 18B‑902(d)(6) shall register by May 1 of each year on a form provided by the Commission, in order to provide information needed by the State in enforcing this Chapter and to support the costs of that enforcement. The registration required by this subsection shall be accompanied by an annual registration and inspection fee of two hundred dollars ($200.00) for each permit held. The fee shall be paid by May 1 of each year. A registration fee shall not be refundable. Failure to pay the annual registration and inspection fee shall result in a suspension of the permit until the registration fee is received by the Commission and the permits are reinstated."
SECTION 4.  G.S. 18B‑1100 reads as rewritten:
"§ 18B‑1100.  Commercial permits.
The Commission may issue the following commercial permits:
(1)	Unfortified winery
(2)	Fortified winery
(3)	Limited winery
(4)	Brewery
(5)	Distillery
(6)	Fuel alcohol
(7)	Wine importer
(8)	Wine wholesaler
(9)	Malt beverages importer
(10)	Malt beverages wholesaler
(11)	Bottler
(12)	Salesman
(13)	Vendor representative
(14)	Nonresident malt beverage vendor
(15)	Nonresident wine vendor
(16)	Winery special show
(17)	Liquor importer/bottler permit
(18)	Cider and vinegar manufacturer
(19)	Wine producer permit."
SECTION 5.  G.S. 18B‑1101 is amended by adding a new subdivision to read:
"§ 18B‑1101.  Authorization of unfortified winery permit.
The holder of an unfortified winery permit may:
…
(8)	Allow winemaking on premises as allowed by a permit issued pursuant to G.S. 18B‑1001(17).
…."
SECTION 6.  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:
…
(38)	Winemaking on premises permit – $450.00.
…."
SECTION 7.  Sections 2 and 6 of this act become effective October 1, 2007, and apply to permits issued on or after that date. The remainder of this act is effective when it becomes law.