GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H                                                                                                                                                    1

HOUSE BILL 895

Short Title:        ABC Stores/Lottery Ticket Vending Machine.		(Public)
Sponsors:	Representatives J. Bell and Dollar (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to:	Alcoholic Beverage Control.

April 15, 2015

A BILL TO BE ENTITLED

AN ACT to authorize the installation and operation of lottery ticket vending machines in abc stores.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 18B‑701(a) reads as rewritten:

"(a)       Powers. – A local board shall have authority to:to do all of the following:

(1)        Buy, sell, transport, and possess alcoholic beverages as necessary for the operation of its ABC stores;stores.

(2)        Adopt rules for its ABC system, subject to the approval of the Commission;Commission.

(3)        Hire and fire employees for the ABC system;system.

(4)        Designate one employee as manager of the ABC system and determine his responsibilities;responsibilities.

(5)        Require bonds of employees as provided in the rules of the Commission;Commission.

(6)        Operate ABC stores as provided in Article 8;8.

(7)        Issue purchase‑transportation permits as provided in Article 4;4.

(8)        Employ local ABC officers or make other provision for enforcement of ABC laws as provided in Article 5;5.

(9)        Borrow money as provided in G.S. 18B‑702;G.S. 18B‑702.

(10)      Buy and lease real and personal property, and receive property devised or given, as necessary for the operation of the ABC system;system.

(11)      Invest surplus funds as provided in G.S. 18B‑702;G.S. 18B‑702.

(12)      Dispose of property in the same manner as a city council may under Article 12 of Chapter 160A of the General Statutes; andStatutes.

(13) Contract with the North Carolina State Lottery Commission pursuant to G.S. 18C‑140 to sell draw games and instant scratch‑off games through self‑service lottery ticket vending machines in its ABC stores and perform all associated lottery services. Nothing in this subdivision shall be construed as (i) allowing the sale of lottery tickets at ABC stores other than draw games and instant scratch‑off games sold through self‑service lottery ticket vending machines installed in ABC stores or (ii) requiring ABC stores to allow persons under the age of 21 to enter the ABC stores.

(13)(14)     Perform any other activity authorized or required by the ABC law."

SECTION 2.  G.S. 18B‑800 reads as rewritten:

"§ 18B‑800.  Sale of alcoholic beverages and lottery tickets in ABC stores.

…

(f) Lottery Tickets. – In addition to other sales authorized under this section, ABC stores may sell lottery tickets in accordance with G.S. 18B‑701(a)(13)."

SECTION 3.  G.S. 18B‑805(b) reads as rewritten:

"(b)      Primary Distribution. – Before making any other distribution, a local board shall first pay the following from its gross receipts:

(1)        The board shall pay the expenses, including salaries, of operating the local ABC system.

(2)        Each month the local board shall pay to the Department of Revenue the taxes due the Department. In addition to the taxes levied under Chapter 105 of the General Statutes, the local board shall pay to the Department one‑half of both the mixed beverages surcharge required by G.S. 18B‑804(b)(8) and the guest room cabinet surcharge required by G.S. 18B‑804(b)(9).

(3)        Each month the local board shall pay to the Department of Health and Human Services five percent (5%) of both the mixed beverages surcharge required by G.S. 18B‑804(b)(8) and the guest room cabinet surcharge required by G.S. 18B‑804(b)(9). The Department of Health and Human Services shall spend those funds for the treatment of alcoholism or substance abuse, or for research or education on alcohol or substance abuse.

(4)        Each month the local board shall pay to the county commissioners of the county where the charge is collected the proceeds from the bottle charge required by G.S. 18B‑804(b)(6), to be spent by the county commissioners for the purposes stated in subsection (h) of this section.

(5) Each quarter the local board shall pay to the Department of Public Instruction all proceeds received by the local board under G.S. 18C‑142 for the operation of self‑service lottery ticket vending machines in its ABC stores pursuant to G.S. 18B‑701(a)(13). Funds received by the Department of Public Instruction under this subdivision shall be credited to the Public School Building Capital Fund account of the county where the local board is located and used in accordance with G.S. 115C‑546.2."

SECTION 4.  This act is effective when it becomes law.