Other North Carolina Alcohol Bills

by Williams Mullen

Williams Mullen

In addition to the ABC Omnibus Legislation, and the Economic Growth for NC Distilleries / “Brunch Bill,” other alcohol-related bills being considered by the North Carolina General Assembly during the 2017 long session are as follows:

Brewery Filing of Sales Dollars and Barrellage Annual Reports; Brewery and Distillery Tax Compliance – House Bill 480 in Section 1 would require breweries who hold wholesaler permits to self-distribute their own malt beverages to file by 1 October of each year an annual report to the North Carolina ABC Commission that includes information on (1) the number of barrels of malt beverages sold by the brewery that were produced by the brewery, (2) the quantity and dollar amount of malt beverages sold by the brewery that were produced by the brewery at an out-of-state facility, (3) the quantity and dollar amount of malt beverages sold at wholesale for on-premise consumption by a brewery that self-distributes, (4) the quantity and dollar amount of malt beverages sold at wholesale for off-premise consumption by a brewery that self-distributes, (5) the quantity and dollar amount of malt beverages sold under a brewery’s malt beverage special event permit at festivals, trade shows, and other events, and (6) the quantity and dollar amount of malt beverages destroyed, spoiled, or rendered unsalable. 

Increase Small Brewery Limits to 103,091 barrels - Senate Bill 313 would authorize breweries to self-distribute their own malt beverages in North Carolina if they sell to consumers, wholesalers, retailers, and exporters less than 103,091 barrels of malt beverages per year.  The current cap is 25,000 barrels per year.  This bill is one of several, including the ABC Omnibus Legislation, that propose to raise the cap on self-distribution in North Carolina.

Increase Small Brewery Limits to 100,000 barrels – House Bill 67 would increase the brewery self-distribution cap to 100,000 barrels of malt beverages per year, up from the current cap of 25,000.  This bill is one of several, including the ABC Omnibus Legislation, that propose to raise the cap on self-distribution in North Carolina.

The bill would also require the North Carolina ABC Commission and the North Carolina Department of Revenue to certify on an annual basis that brewery and distillery permit holders are current in filing all applicable tax returns and in payment of all taxes, interest, and penalties.  If they are not compliant, the North Carolina ABC Commission has the power to suspend a brewery or distillery permit until the North Carolina ABC Commission receives notice from the North Carolina Department of Revenue that the brewery or distillery is in compliance.

This bill also makes technical corrections to certain statutory citations within the ABC laws.  The bill would be effective when it becomes law.

Municipalities and ABC Elections – Senate Bill 212 would authorize certain small municipalities with populations between 400 and 500 people to hold a malt beverage or unfortified wine election to allow sales of these products in the jurisdiction.

Nonprofit Organization Game Nights – Each of House Bill 511, Senate Bill 154, and Senate Bill 395 contains provisions to allow nonprofit organizations to obtain alcohol permits and other permits to hold game nights where games of chance are played and prizes are awarded to raise money for the organization.  Senate Bill 154 also contains specific provisions to allow nonprofit organizations under special one-time permits to offer alcoholic beverages in the manufacturer’s original container at auction or as a raffle prize to raise money for the organization.  Senate Bill 395 also contains provisions to make the definitions of “bed and breakfast home” and “bed and breakfast inn” uniform.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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