GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2011-107
HOUSE BILL 98
AN ACT to allow alcoholic beverage permittees who have been issued brewery permits to sell malt beverages brewed at the brewery on the premises of the brewery.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 18B-1001(1) reads as rewritten:
"(1) On-Premises Malt Beverage Permit. - An on-premises malt beverage permit authorizes the retail sale of malt beverages for consumption on the premises and the retail sale of malt beverages in the manufacturer's original container for consumption off the premises. It also authorizes the holder of the permit to ship malt beverages in closed containers to individual purchasers inside and outside the State. The permit may be issued for any of the following:
a. Restaurants;
b. Hotels;
c. Eating establishments;
d. Food businesses;
e. Retail businesses;
f. Private clubs;
g. Convention centers;
h. Community theatres.theaters;
i. Breweries as authorized by G.S. 18B-1104(7).
The permit may
also be issued to certain breweries as authorized by G.S. 18B-1104(7)."
SECTION 2. G.S. 18B-1104(7) reads as rewritten:
"§ 18B-1104. Authorization of brewery permit.
The holder of a brewery permit may:
(1) Manufacture malt
beverages;beverages.
(2) Purchase malt,
hops and other ingredients used in the manufacture of malt beverages;beverages.
(3) Sell, deliver
and ship malt beverages in closed containers to wholesalers licensed under this
Chapter as authorized by the ABC laws, except that malt beverages may be sold
to exporters and nonresident wholesalers only when the purchase is not for
resale in this State;State.
(4) Receive malt
beverages manufactured by the permittee in some other state for transshipment
to dealers in other states;states.
(5) Furnish or sell
marketable malt beverage products, or packages which do not conform to the
manufacturer's marketing standards, if State taxes have been or will be paid,
to its employees for the use of the employees or their families and guests in
this State;State.
(6) Give its
products to its employees and guests for consumption on its premises;premises.
(7) In areas In
an area where the sale is legal,of any type of alcoholic beverage
is authorized by law, sell the brewery's malt beverages at the brewery upon
receiving a permit under G.S. 18B-1001(1). The brewery also may obtain a
malt beverage wholesaler permit to sell, deliver, and ship at wholesale only
malt beverages manufactured by the brewery. The authorization of this
subdivision applies to a brewery that sells, to consumers at the brewery, to
wholesalers, to retailers, and to exporters, fewer than 25,000 barrels, as
defined in G.S. 81A-9, of malt beverages produced by it per year. A
brewery not exceeding the sales quantity limitations in this subdivision may
also sell the malt beverages manufactured by the brewery at not more than three
other locations in the State State, where the sale is legal, upon
obtaining the appropriate permits under G.S. 18B-1001. A brewery operating
any additional retail location pursuant to this subdivision shall also offer
for sale at that location a reasonable selection of competitive malt beverage
products.
A sale or gift under subdivision (5) or (6) shall not be considered a retail or wholesale sale under the ABC laws."
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 1st day of June, 2011.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 9:25 a.m. this 3rd day of June, 2011