A BILL TO BE ENTITLED
AN ACT to exempt mixed beverage permittees from the purchase‑transportation permit requirement for spirituous liquor; to require the abc commission to submit a quarterly report on its process for obtaining a contract for state warehouse services; to allow the purchase of individual bottles when placing a special order of spirituous liquor; to allow local abc boards to charge a delivery fee when delivering spirituous liquor to mixed beverages permittees; to allow local governments the option of operating abc stores on sundays; and to allow spirituous liquor tastings at abc stores, as recommended by the joint legislative program evaluation oversight committee.
The General Assembly of North Carolina enacts:

part ii. exempt mixed beverage permittees from purchase‑transportation permit requirement for spirituous liquor
SECTION 2.(a)  G.S. 18B‑303 reads as rewritten:
"§ 18B‑303.  Amounts of alcoholic beverages that may be purchased.
(a)	Purchases Allowed. – Without a permit, a person may purchase at one time:
(1)	Not more than 80 liters of malt beverages, except draft malt beverages in kegs for off‑premises consumption. For purchase of a keg or kegs of malt beverages for off‑premises consumption, the permit required by G.S. 18B‑403.1(a) must first be obtained;
(2)	Any amount of draft malt beverages by a permittee in kegs for on‑premise consumption;
(3)	Not more than 50 liters of unfortified wine;
(4)	Not more than eight liters of either fortified wine or spirituous liquor, or eight liters of the two combined.
(b)	Unlawful Purchase. – Except as provided in subsections (c) and (d) of this section, and in Article 11 of this Chapter, it shall be unlawful for any person to purchase, or for any person to sell, an amount of alcoholic beverages greater than that stated in subsection (a).
(c)	Greater Amounts. – Amounts of alcoholic beverages greater than those listed in subdivisions (a)(3) and (a)(4) may be purchased with a purchase‑transportation permit under G.S. 18B‑403.
(d)	Mixed Beverage Permittee Exception. – A mixed beverage permittee, or an employee of a mixed beverage permittee, may purchase and transport any amount of fortified wine or spirituous liquor for use by the mixed beverage permittee without obtaining a purchase‑transportation permit under G.S. 18B‑403. An independent contractor employed pursuant to G.S. 18B‑701(a)(1), by either a mixed beverage permittee or a local ABC board, may transport any amount of fortified wine or spirituous liquor for use by a mixed beverage permittee without obtaining a purchase‑transportation permit under G.S. 18B‑403."
SECTION 2.(b)  G.S. 18B‑403(a) reads as rewritten:
"(a)	Amounts. – With a purchase‑transportation permit, a person may purchase and transport an amount of alcoholic beverages greater than the amount specified in G.S. 18B‑303(a). A permit authorizes the holder to transport from the place of purchase to the destination within North Carolina indicated on the permit at one time the following amount of alcoholic beverages:
(1)	A maximum of 100 liters of unfortified wine.
(2)	A maximum of 40 liters of either fortified wine or spirituous liquor, or 40 liters of the two combined.
	"
SECTION 2.(c)  This section becomes effective July 1, 2019, and applies to fortified wine and spirituous liquor purchased on or after that date.

part iii. abc commission/quarterly report on process for obtaining a contract for state warehouse services
SECTION 3.(a)  Beginning October 15, 2019, and quarterly thereafter, the ABC Commission shall submit a written report to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety detailing the progress made in bidding and selecting an independent contractor for the receipt, storage, and distribution of spirituous liquor at and from the State warehouse in accordance with G.S. 18B‑204(a)(3). The report required under this section shall include all of the following:
(1)	The schedule for developing and issuing the Request for Proposal (RFP), including detailed explanations as to how the Commission is meeting the milestones identified on the schedule.
(2)	An identification of State agencies, departments, and other entities providing the Commission with technical assistance on RFP development and contract negotiations, including a detailed description of the assistance that is being provided.
(3)	A description of the Commission's consultation with local ABC boards, as that term is defined in G.S. 18B‑101, to ensure the boards' concerns and expectations are addressed during the RFP development and contract negotiations.
(4)	A copy of the RFP when it is released for bid.
(5)	A copy of the final contract entered into pursuant to G.S. 18B‑204(a)(3).
(6)	An implementation schedule for transitioning from the existing contract for services described in G.S. 18B‑204(a)(3) to the new contract.
SECTION 3.(b)  The reporting requirement set forth in subsection (a) of this section expires upon the earlier of the date of the award of the contract for services described in G.S. 18B‑204(a)(3) or January 1, 2022.

part iv. abc special orders/allow purchase of individual bottles
SECTION 4.(a)  G.S. 18B‑800 is amended by adding a new subsection to read:
"(c1)	Special Orders. – Through the process established by rule of the Commission for special orders of spirituous liquor that are on the special item list approved by the Commission, ABC stores shall allow the purchase of individual bottles of spirituous liquor. ABC stores may sell in store any bottles it receives from a special item case in excess of what was purchased by the requesting customer."
SECTION 4.(b)  In order to facilitate the sale of any remainders of a special item case by a local ABC board, increase customer access to products, and allow local ABC boards to more effectively manage inventory, the ABC Commission shall develop and implement an Internet‑based system to facilitate the sale and purchase, and transport and delivery, of spirituous liquor items by and among local ABC boards. The system shall include both items listed on the regular approved list of items and on the special item list maintained by the ABC Commission.
SECTION 4.(c)  The ABC Commission shall develop and implement an Internet‑based system to allow mixed beverage permittees to track special orders from the special item list online, including the date a special order is placed with the ABC Commission by a local ABC board and the expected date that a mixed beverage permittee can take possession of a special order.
SECTION 4.(d)  Subsection (a) of this section becomes effective July 1, 2019, and applies to special orders placed on or after that date. The remainder of this section is effective when it becomes law.

part v. local abc boards/allow delivery fee
SECTION 5.(a)  G.S. 18B‑701(a) reads as rewritten:
"(a)	Powers. – A local board shall have authority to do all of the following:
(1)	Buy, sell, transport, and possess alcoholic beverages as necessary for the operation of its ABC stores. If a local board provides delivery of spirituous liquor to a mixed beverages permittee, the local board may use its employees or contract with an independent contractor and may charge a fee to the permittee. A mixed beverage permittee may contract with an independent contractor to provide delivery of spirituous liquor from an ABC board's store or warehouse to the permittee's premises.
(2)	Adopt rules for its ABC system, subject to the approval of the Commission.
(3)	Hire and fire employees for the ABC system.
(4)	Designate one employee as manager of the ABC system and determine his responsibilities.
(5)	Require bonds of employees as provided in the rules of the Commission.
(6)	Operate ABC stores as provided in Article 8.
(7)	Issue purchase‑transportation permits as provided in Article 4.
(8)	Employ local ABC officers or make other provision for enforcement of ABC laws as provided in Article 5.
(9)	Borrow money as provided in 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.
(11)	Invest surplus funds as provided in 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.
…."
SECTION 5.(b)  The ABC Commission shall adopt rules to implement this section, including the allowed fee for delivery and establishing requirements independent contractors must meet to provide deliveries authorized by this section.
SECTION 5.(c)  Subsection (a) of this section becomes effective July 1, 2019, and applies to deliveries made on or after that date. The remainder of this section is effective when it becomes law.

part vi. allow local government option/abc store sales on sunday
SECTION 6.(a)  G.S. 18B‑802(b) reads as rewritten:
"(b)	Days. – No ABC store shall be open, and no ABC store employee shall sell alcoholic beverages, New Year's Day, Fourth of July, Labor Day, Thanksgiving Day, or Christmas Day. Except as otherwise provided under G.S. 153A‑145.8 or G.S. 160A‑205.4, no ABC store shall be open, and no ABC store employee shall sell alcoholic beverages, on any Sunday. A local board may otherwise determine the days on which its stores shall be closed."
SECTION 6.(b)  Article 6 of Chapter 153A of the General Statutes is amended by adding a new section to read:
"§ 153A‑145.8.  Allow ABC stores to operate on Sunday.
If a county operates at least one ABC store, the county may adopt an ordinance allowing ABC stores under the operation of the county to be open and selling alcoholic beverages on Sundays. A county must consult with its county ABC board prior to adopting an ordinance under this section."
SECTION 6.(c)  Article 8 of Chapter 160A of the General Statutes is amended by adding a new section to read:
"§ 160A‑205.4.  Allow ABC stores to operate on Sunday.
If a city operates at least one ABC store, the city may adopt an ordinance allowing ABC stores under the operation of the city to be open and selling alcoholic beverages on Sundays. A city must consult with its city ABC board prior to adopting an ordinance under this section."
SECTION 6.(d)  This section becomes effective July 1, 2019.

part vii. abc stores/allow in‑store spirituous liquor tastings
SECTION 7.(a)  G.S. 18B‑1114.7(a) reads as rewritten:
"(a)	Authorization. – The holder of a supplier representative permit, brokerage representative permit, or distillery permit issued under G.S. 18B‑1105 may obtain a spirituous liquor special event permit allowing the permittee to give free tastings of its spirituous liquors at ABC stores where the local ABC board has approved the tasting, trade shows, conventions, shopping malls, street festivals, holiday festivals, agricultural festivals, balloon races, local fund‑raisers, and other similar events approved by the Commission."
SECTION 7.(b)  G.S. 18B‑301(f)(1) reads as rewritten:
"(1)	Any person to consume fortified wine, spirituous liquor, or mixed beverages or to offer such beverages to another person at any of the following places:
a.	Unless a consumer tasting authorized by G.S. 18B‑1114.7 is being conducted, on the premises of an ABC store.
b.	Upon any property used or occupied by a local board.
c.	On any public road, street, highway, or sidewalk, unless a consumer tasting authorized by G.S. 18B‑1114.7 is being conducted."
SECTION 7.(c)  This section becomes effective July 1, 2019.

part viii. rules
SECTION 8.  The Alcoholic Beverage Control Commission shall amend its rules consistent with the provisions of this act.

part ix. effective date
SECTION 9.  Except as otherwise provided, this act is effective when it becomes law.