GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 1173

 
 
Short Title:	ABC Permits in State Economic Zones.	()	
Sponsors:	Representatives Miller;  Luebke and Weiss.	
Referred to:	Alcoholic Beverage Control.	
April 12, 2001

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THAT FOOD OR RETAIL BUSINESSES THAT HOLD ABC PERMITS AND ARE LOCATED IN A STATE ECONOMIC ZONE SHALL NOT HAVE ALCOHOLIC BEVERAGE SALES IN EXCESS OF FIFTY PERCENT OF THE BUSINESS' TOTAL ANNUAL SALES.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 18B‑309 reads as rewritten:
"§ 18B‑309.  Alcoholic beverage sales in Urban Redevelopment Areas.
A food business as defined in G.S. 18B‑1000(3), a retail business as defined in G.S. 18B‑1000(7), or an eating establishment as defined in G.S. 18B‑1000(2) that holds an ABC permit under this Chapter and is located in a part of a city that has been designated as an Urban Redevelopment Area under Article 22 of Chapter 160A of the General Statutes or a State Economic Zone as defined in G.S. 105-129.3A(a) shall not have alcoholic beverage sales in excess of fifty percent (50%) of the business's total annual sales. Upon request of a city, the Commission shall investigate the total annual alcohol sales and total sales of a business as defined in this section. The Commission shall report the results of such an investigation to the city council, and the report shall contain only the percentage of annual alcohol sales in proportion to the business's total annual sales. A city may request an investigation of a particular business by the Commission only once in each calendar year. These audits may be conducted by the Commission only upon the request of the city council. Businesses covered by this section shall maintain full and accurate monthly records of their finances, separately indicating each of the following:
(1)	Amounts expended by the business for the purchase of alcoholic beverages and the quantity of alcoholic beverages purchased;
(2)	Amounts collected from the sale of alcoholic beverages sold; and
(3)	Amounts collected from the sale of food, nonalcoholic beverages, and all other items sold by the business.
Records of purchases of alcoholic beverages and sales of alcoholic beverages shall be filed separate and apart from all other records maintained on the premises, and all records related to alcoholic beverages, including original invoices, shall be maintained on the premises for three years and shall be open for inspection and audit pursuant to G.S. 18B‑502."
SECTION 2.  G. S. 18B-904(e) reads as rewritten:
"(e)	Business or Location No Longer Suitable. – 
(1)	The Commission may suspend or revoke a permit issued by it if, after compliance with the provisions of Chapter 150 of the General Statutes, it finds that the location occupied by the permittee is no longer a suitable place to hold ABC permits or that the operation of the business with an ABC permit at that location is detrimental to the neighborhood.  No order revoking or suspending an ABC permit pursuant to this section may be made except upon substantial evidence admissible under G.S. 150B-29(a).
(2)	The Commission will suspend or revoke a permit issued by it if a permittee is in violation of G.S. 18B-309."
SECTION 3.  This act becomes effective October 1, 2001.