S470 - ABC Technical and Other Changes. (SL 2022-51)

Overview: S.L. 2022-51 does all of the following:

• Makes several technical and conforming changes to laws amended in the 2021 Regular Session by S.L. 2021-150 (House Bill 890).
• Removes the 25% cap on gross receipts from sales of alcoholic beverages on tour boats.
• Defines the term "supplier," for purposes of a supplier's financial interest in a wholesaler.
• Exempts the ABC Commission from rulemaking under the Administrative Procedure Act with respect to approval of alcoholic beverages to be sold in ABC stores and setting prices of alcoholic beverages.
• Allows the ABC Commission to conduct training classes for individuals delivering under a delivery service permit.
• Allows recyclable spirituous liquor containers to be used for display purposes.
• Reduces the indoor seating requirement for a restaurant from at least 36 people to at least 10 people for purposes of ABC permitting and clarifies that a restaurant is not required to have kitchen operations open at all times it is open to the public in order to qualify as a restaurant.
• Exempts bar areas and similar areas in establishments from health inspections.
• Allows industry members to give, lend or sell branded plug-in coolers to hold and display products in ABC stores, provided that the coolers are under the dollar limits set forth by the Commission for product displays.
• Amends the definition of a "bar", as enacted in House Bill 768, to be an establishment that is primarily engaged in the business of selling alcoholic beverages for consumption on the premises.
• Allows for the sale of malt beverages in containers as small as 50 milliliters.
• Updates the name of the North Carolina Propane Gas Association, Inc. to "Southeast Propane Alliance" and directs the Revisor of Statutes to make conforming changes.

This act has various effective dates, please see the full summary for more information.