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H 198

North Carolina HouseEngrossed

Summary

H 198, “ABC Omnibus of 2026”, was introduced in the House on Feb 25, 2025 by Rep. Charles Miller (R) with 10 co-sponsors. It last saw action on Jun 30, 2026: Conf Com Appointed.


Record

Text

H 198 has 10 co-sponsors and 4 roll calls.

h198/amended.txt
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 5
HOUSE BILL 198
Committee Substitute Favorable 3/5/25
Senate Commerce and Insurance Committee Substitute Adopted 5/22/26
Senate Finance Committee Substitute Adopted 6/16/26
Fifth Edition Engrossed 6/18/26
Short Title: ABC Omnibus of 2026. (Public)
Sponsors:
Referred to:
February 26, 2025
A BILL TO BE ENTITLED
AN ACT TO AMEND THE LAWS OF THIS STATE RELATED TO ALCOHOLIC
BEVERAGES AND RAFFLES.
The General Assembly of North Carolina enacts:
PART I. ABC WAREHOUSE LOAN
ALLOW ABC COMMISSION TO OBTAIN A LOAN FOR A NEW STATE
WAREHOUSE
SECTION 1.(a) Notwithstanding G.S. 18B-208, the Alcoholic Beverage Control
Commission may, with the approval of the Governor, obtain a one-time loan of up to three
hundred ten million dollars ($310,000,000) from a financial institution to be used for planning,
design, construction, and equipping of a new automated warehouse and associated offices for the
Commission, as well as purchasing any real property for the new automated warehouse and
associated offices for the Commission, provided that the Commission may not pledge real
property owned by the State of North Carolina as collateral. The Commission's obtaining of a
loan shall not directly or indirectly or contingently obligate the State to levy or to pledge any
form of taxation or to make any appropriation for repayment of the loan. Notwithstanding
G.S. 18B-902(g), the Commission shall repay the loan, including interest, from the proceeds of
permit fees collected by the Commission. The Commission may prepay any obligation under this
section, in whole or in part, without penalty unless the loan agreement expressly provides
otherwise. To the extent the proceeds from the fees referenced in this subsection are deemed
unappropriated, they are hereby appropriated for the purpose of repaying the loan described in
this subsection. For purposes of this section, the term "financial institution" means any banking
corporation or trust company, savings and loan association, credit union, insurance company, or
related corporation, partnership, foundation, or other institution engaged primarily in lending or
investing funds.
SECTION 1.(b) This section becomes effective July 1, 2026.
PART II. ABC TECHNICAL AND CLARIFYING CHANGES
BROWN-BAGGING TECHNICAL CORRECTION
SECTION 2. G.S. 18B-603(d) reads as rewritten:
*H198-v-5*
General Assembly Of North Carolina Session 2025
"(d) Mixed Beverage Elections. – If a mixed beverage election is held under
G.S. 18B-602(h) and the sale of mixed beverages is approved, the Commission may issue permits
to qualified persons and establishments in the jurisdiction that held the election as follows:
(4) The Commission may issue brown-bagging permits for bars, private clubs
clubs, and congressionally chartered veterans organizations but may no longer
issue and may not renew brown-bagging permits for restaurants, hotels, and
community theatres. A restaurant, hotel, or community theatre may not be
issued a mixed beverage permit under subdivision (1) until it surrenders its
brown-bagging permit.
…."
AIRPORT TECHNICAL CORRECTION
SECTION 3. G.S. 18B-300.3 reads as rewritten:
"§ 18B-300.3. Possession and consumption of alcoholic beverages in the security-screened
area of airports.
(a) During the hours of airport operation, any establishment permitted under subdivision
(1), (3), (5), or (10) of G.S. 18B-1000 G.S. 18B-1001 and operating in the Transportation
Security Administration-screened portion of an airport may, with the written approval of the
airport authority, sell the alcoholic beverages it is permitted to sell for consumption throughout
the Transportation Security Administration-screened portion of the establishment's respective
airport terminal.
(b) An alcoholic beverage served for consumption throughout an establishment's airport
terminal shall be served in a container that meets all of the following requirements:
(1) The container is not comprised of glass.
(2) The container displays, in no less than 12-point font, the statement, "Drink
Responsibly – Be 21."
(3) The container shall not hold more than 16 fluid ounces.
(c) A customer may purchase and consume alcoholic beverages throughout the interior
of the Transportation Security Administration-screened portion of the respective airport terminal,
provided that the purchase is from an approved establishment permitted under subdivision (1),
(3), (5), or (10) of G.S. 18B-1000.G.S. 18B-1001.
(d) This section applies only to airports that service airplanes boarding at least 150,000
passengers annually."
CLARIFY PERMISSION TO TAKE MIXED BEVERAGES ONTO PERMITTED
PREMISES IN A SOCIAL DISTRICT
SECTION 4. G.S. 18B-300.1(f) reads as rewritten:
"(f) Limitations on Open Containers. – Except where otherwise allowed by local
ordinance, the possession and consumption of an open container of an alcoholic beverage in a
social district is subject to all of the following requirements:
(6) Notwithstanding G.S. 18B-300 and G.S. 18B-301, a permittee or
non-permittee business may allow a customer to possess and consume on the
business's premises alcoholic beverages purchased from a permittee in the
social district. A permittee business that is not permitted to sell mixed
beverages may allow a customer to possess and consume on the business's
premises mixed beverages purchased from a mixed beverages permittee in the
social district."
DELIVERY SERVICES PERMIT TECHNICAL CORRECTIONS
Page 2 House Bill 198-Fifth Edition
General Assembly Of North Carolina Session 2025
SECTION 5. G.S. 18B-1001.4 reads as rewritten:
"§ 18B-1001.4. Authorization of delivery service permit.
(a) Authorization. – The holder of a delivery service permit, or the permit holder's
employee or independent contractor, may deliver malt beverages, unfortified wine, or fortified
wine on behalf of a retailer holding a permit issued pursuant to subdivisions (1) through (6) and
(16) of G.S. 18B-1001, and single-serving wine drinks or mixed beverages on behalf of a retailer
holding a permit issued pursuant to subdivision (3), (5), or (10) of G.S. 18B-1001 when delivered
in accordance with the requirements of those subdivisions, to a location designated by the
purchaser. A delivery service permittee may also facilitate delivery through technology services
that connect consumers and licensed retailers through the use of the Internet, mobile applications,
and other similar technology.
(e) Scope and Construction. – A delivery service permit is not required for a common
carrier lawfully transporting or shipping alcoholic beverages. Nothing in this section shall be
construed as exempting the delivery of alcoholic beverages pursuant to a delivery service permit
from the requirements set forth in Article 4 of Chapter 18B of the General Statutes. Nothing in
this section shall be construed to require a technology services company to obtain a delivery
service permit if the company does not employ or contract with delivery drivers, but rather
provides software or an application that connects consumers and licensed retailers for the
delivery of alcoholic beverages from the licensed retailer. Nothing in this section shall be
construed to require a retailer that holds a permit issued pursuant to subdivisions (1) through (6),
(10), and (16) of G.S. 18B-1001 to obtain a delivery service permit in order for employees of the
retail permittee to deliver malt beverages, unfortified wine, or fortified wine to a location
designated by the purchaser, purchaser; however, the other provisions of this section apply to the
retailer.
…."
CLARIFY SAFE HARBOR FOR LATE ABC PERMIT RENEWALS
SECTION 6.(a) G.S. 18B-903 reads as rewritten:
"§ 18B-903. Duration of permit; renewal and transfer.
(a) Duration. – Once issued, ABC permits shall be valid for the following periods, unless
earlier surrendered, suspended or revoked:
(5) All other ABC permits shall be valid for one year, from May 1 to April 30.May
31 of the following year, as provided in subsection (b3) of this section.
(b) Renewal. – Application for renewal of an ABC permit shall be on a form provided
by the Commission. An application for renewal shall be accompanied by an application fee. The
application fee shall be the same amount as the initial fee set in G.S. 18B-902, except that the
renewal application fee for each wine shop permit or malt beverage shop permit shall be five
hundred dollars ($500.00), and the renewal application fee for each mixed beverages permit and
each guest room cabinet permit shall be one thousand dollars ($1,000). The fee shall be paid by
May 1 of each year. A renewal fee shall not be refundable.
(b1) Registration. – Each person holding a malt beverage, fortified wine, or unfortified
wine permit issued pursuant to G.S. 18B-902(d)(1) through G.S. 18B-902(d)(6) shall register by
May 1 of each year on a form provided by the Commission, in order to provide information
needed by the State in enforcing this Chapter and to support the costs of that enforcement. The
registration required by this subsection shall be accompanied by an annual registration and
inspection fee of four hundred dollars ($400.00) for each permit held. The fee shall be paid by
May 1 of each year. A registration fee shall not be refundable. Failure to pay the annual
registration and inspection fee shall result in revocation of the permit.
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(b3) Safe Harbor; Late Fees. – Notwithstanding subsection (a) of this section, no permit
issued under Article 10 of this Chapter, other than a special occasion permit, limited special
occasion permit, or special one-time permit, shall expire or be revoked or canceled by the
Commission shall not revoke a permit for failure to pay a renewal application fee or an annual
registration and inspection fee until June 1 of each year. year, and the permittee shall be allowed
to operate under the permit until that date. No later than five business days after April 30 of each
year, the Commission shall notify permittees who have not paid any required renewal application
fees or annual registration and inspection fees as of April 30. April 30 by email or first-class mail.
The Commission shall charge a late fee of twenty-five percent (25%) of the renewal application
fee or registration and inspection fee for a permit for which the renewal application fee or
registration and inspection fee is submitted after April 30.
…."
SECTION 6.(b) G.S. 18B-900, as amended by Section 17(e) of this act, reads as
rewritten:
"§ 18B-900. Qualifications for permit.
(a) Requirements. – To be eligible to receive and to hold an ABC permit, a person must
satisfy all of the following requirements:
(6) Not have had an alcoholic beverage permit revoked within three years, except
where the revocation was based solely on a permittee's failure to pay the
annual registration and inspection fee required in G.S. 18B-903(b1).
(8) Be current in filing all applicable tax returns to the State and in payment of all
taxes, interest, and penalties that are collectible under G.S. 105-241.22. This
subdivision does not apply to the following ABC permits:
a. Special occasion permit under G.S. 18B-1001(8).
b. Limited special occasion permit under G.S. 18B-1001(9).
c. Special one-time permit under G.S. 18B-1002.
d. Salesman permit under G.S. 18B-1111.
e. Special multiple event permit under G.S. 18B-1002.2.
To avoid undue hardship, however, the Commission may decline to take action under
G.S. 18B-104 against a permittee who is in violation of subdivisions (3), (4), or (5) of this
subsection. Additionally, to avoid undue hardship, the Commission may, in its discretion, allow
the renewal of a permit for a permittee who is in violation of subdivision (8) of this subsection.
(f) Procedure to Confirm State Tax Compliance. – Upon request of the Commission, the
Department of Revenue must provide information to the Commission to confirm a person's
compliance with subdivision (a)(8) of this section. If the Department of Revenue notifies the
Commission that a person is not in compliance, then the Commission shall not issue or renew the
person's permit until the Commission receives notice from the Department of Revenue that the
person is in compliance. compliance; however, the Commission may, in its discretion, allow the
renewal of a permit notwithstanding a person's lack of compliance with subdivision (a)(8) of this
section. The requirement to pay all taxes, interest, and penalties may be satisfied by an operative
agreement under G.S. 105-237 covering any amounts that are collectible under G.S. 105-241.22.
Chapter 150B of the General Statutes does not apply to a Commission action on issuance,
suspension, or revocation of an ABC permit under subdivision (a)(8) of this section."
SECTION 6.(c) G.S. 105-113.83A(d) reads as rewritten:
"(d) Penalty. – The Secretary must notify the ABC Commission when a permittee required
to register is not eligible to hold an ABC permit for failure to satisfy in violation of
G.S. 18B-900(a)(8). Upon notification, the ABC Commission must may impose any penalty
permitted under G.S. 18B-104."
Page 4 House Bill 198-Fifth Edition
General Assembly Of North Carolina Session 2025
SECTION 6.(d) Notwithstanding any other provision of law, if (i) a permit holder
was charged a late fee by the Alcoholic Beverage Control Commission pursuant to
G.S. 18B-903(b3) as a result of a notification from the Department of Revenue to the
Commission pursuant to G.S. 18B-900(f) and (ii) the permit holder complied with
G.S. 18B-900(a)(8) before June 1 of the year in which the permit was renewed, in accordance
with the safe harbor provision in G.S. 18B-903(b3), then the permit holder may request a refund
of the late fee from the Commission. A permit holder must submit to the Commission evidence
of compliance with G.S. 18B-900(a)(8) before June 1 of the year in which the permit was
renewed to receive a refund pursuant to this subsection. The Commission shall refund late fees
to any permit holder who meets the requirements of this subsection and requests a refund. All
refund requests pursuant to this subsection must be submitted to the Commission by May 31,
2027.
SECTION 6.(e) Subsection (a) of this section is retroactively effective June 28,
2024. The remainder of this section is effective when it becomes law.
CLARIFY MOBILE BAR SERVICE PERMIT AND INTERACTION WITH CERTAIN
ON-PREMISES PERMITS
SECTION 7. G.S. 18B-1001(12a) reads as rewritten:
"(12a) Mobile Bar Services Permit. –
a. A mobile bar services permit may be issued to a business that provides
bartending services for events. The permit authorizes the permittee to
bring malt beverages, unfortified wine, fortified wine, and spirituous
liquor onto the premises of a business that is not an ABC permittee
and to serve the alcoholic beverages to guests at the event. The Except
as provided in sub-subdivision b. of this subdivision, the permittee
may purchase malt beverages and unfortified wine from either a
retailer or a wholesaler. only from a retailer. The permittee may
purchase fortified wine from either an ABC store or a wholesaler. The
permittee shall purchase and spirituous liquor only from an ABC store
that is designated as a mixed beverage ABC store operated by any
local board operating in the same county where the permittee's
principal office is located. If the permittee's premises for storage of
inventory is a residential address, the permittee may designate an area
of the premises to be used for storage of inventory pursuant to the
permit. An inspection of the premises pursuant to G.S. 18B-502 shall
extend only to the area that the permittee has designated for storage of
inventory unless the law enforcement officer conducting the
inspection has (i) a warrant to search the residence or (ii) probable
cause to search the residence and exigent circumstances exist.
b. The holder of a permit issued pursuant to G.S. 18B-1001(1), (3), (5),
(16), or (16a) may also hold a mobile bar services permit at the same
permitted premises. Notwithstanding sub-subdivision a. of this
subdivision, a permittee who holds both a mobile bar services permit
and a permit issued pursuant to G.S. 18B-1001(1), (3), (5), (16), or
(16a) may not obtain or serve alcoholic beverages that the permittee is
not allowed to sell under the permit or permits that the permittee holds
that are issued pursuant to G.S. 18B-1001(1), (3), (5), (16), or (16a).
The permittee shall only use as inventory for the mobile bar services
permit the permittee's inventory of alcoholic beverages lawfully
purchased from a wholesaler pursuant to the permit or permits that the
permittee holds under G.S. 18B-1001(1), (3), (5), (16), or (16a). The
House Bill 198-Fifth Edition Page 5
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mobile bar services permit shall authorize such a permittee to bring
those alcoholic beverages onto the premises of a business that is not
an ABC permittee and serve the alcoholic beverages to guests at the
event. Alcoholic beverages that are taken from the permittee's
inventory to an event at another premises under a mobile bar services
permit may be restored to inventory after the event if the alcoholic
beverages are still in the manufacturer's original unopened container.
c. The A mobile bar services permittee may not serve alcoholic
beverages pursuant to a mobile bar services permit on the premises of
any location owned or possessed by the permittee. The permittee shall
notify the Commission, in writing, of the location of any event where
the permittee will serve alcoholic beverages not less than one week
before the event and shall have the permission of the owner or
possessor of the property on which the event is to be held. Any person
serving alcoholic beverages at the event shall be at least 21 years of
age. Alcoholic beverages may be transported by the mobile bar
services permit holder to the premises of the event no earlier than 8:00
A.M. on the day of the event. At the conclusion of the event, all
alcoholic beverages must be removed from the premises no later than
12:00 noon of the following day. A limited special occasion permit
shall not be required for an event at which alcoholic beverages are
exclusively provided by the holder of a mobile bar services permit.
The holder of a mobile bar services permit may bring alcoholic
beverages onto the premises and serve the alcoholic beverages at an
event regardless of whether there is a charge or fee for guests to attend
the event. This permit does not allow the retail sale of individual
alcoholic beverages to guests at an event."
CLARIFY THAT THE ABC COMMISSION MAY ORDER CERTAIN DISPOSITIONS
OF SEIZED ALCOHOLIC BEVERAGES AFTER AN OFFER IN COMPROMISE TO
RESOLVE AN ABC LAW VIOLATION HAS BEEN ACCEPTED BY THE
COMMISSION
SECTION 8.(a) G.S. 18B-503 reads as rewritten:
"§ 18B-503. Disposition of seized alcoholic beverages.
(a) Storage. – A law-enforcement law enforcement officer who seizes alcoholic
beverages as evidence of an ABC law violation shall provide for the storage of those alcoholic
beverages until the commencement of the trial or administrative hearing relating to the violation,
unless some other disposition is authorized under this section.
(b) Disposition Before Trial. – After giving notice to each defendant, to any other known
owner, and to the Commission, a judge may order any of the following dispositions of alcoholic
beverages seized as evidence of an ABC law violation:
(1) The destruction of any malt beverages except that amount needed for evidence
at trial.
(2) The sale of any alcoholic beverages other than malt beverages or nontaxpaid
alcoholic beverages, and other than any alcoholic beverages needed for
evidence at trial, if the trial is likely to be delayed for more than 90 days, or if
the quantity or nature of the alcoholic beverages is such that storage is
impractical or unduly expensive.
(3) The destruction of the alcoholic beverages if storage or sale is not practical.
(4) Continued storage of the alcoholic beverages.
Page 6 House Bill 198-Fifth Edition
General Assembly Of North Carolina Session 2025
(c) Disposition After Trial. – After the criminal charge is resolved, a judge may order the
following dispositions of seized alcoholic beverages:
(1) If the owner or possessor of the alcoholic beverages is found guilty of a
criminal charge relating to those alcoholic beverages, the judge may order the
sale or destruction of any alcoholic beverages that were held until trial.
(2) If the owner or possessor of the alcoholic beverages is found not guilty, or if
charges are dismissed or otherwise resolved in favor of the owner or
possessor, the judge shall order the alcoholic beverages returned to that owner
or possessor, except as provided in subdivision (3).
(3) If the owner or possessor of the alcoholic beverages is found not guilty, or if
charges are otherwise resolved in favor of the owner or possessor, but
possession of the alcoholic beverages by that owner or possessor would be
unlawful, the judge shall order the alcoholic beverages either sold or
destroyed.
(4) If ownership of the alcoholic beverages remains uncertain after trial or after
the charges have been dismissed, the judge may order the alcoholic beverages
held, or the alcoholic beverages sold and the proceeds held, for a specified
time, until ownership of the alcoholic beverages can be determined.
(d) Holding for Administrative Hearings. – If alcoholic beverages used as evidence in a
criminal proceeding are also needed as evidence at an administrative hearing, a judge shall not
order any of the dispositions set out in subsection (c), but shall order the alcoholic beverages held
for the administrative hearing and for a determination of final disposition by the Commission.
The Commission may, before or after an administrative hearing, order any of the dispositions
authorized under subsections (b) and (c). Subject to the restriction set forth in this subsection
prohibiting sale or destruction without notice to the district attorney, if the Commission accepts
an offer in compromise to resolve an ABC law violation, the Commission may order the
applicable disposition set out in subdivision (2) or (3) of subsection (c) of this section. If no
related criminal proceeding has commenced, the Commission shall not order sale or destruction
of alcoholic beverages until notice has been given to the district attorney for the district where
the alcoholic beverages were seized or any violation of ABC laws related to the seizure of the
alcoholic beverages is likely to be prosecuted.
…."
SECTION 8.(b) This section is effective when it becomes law and applies to offers
in compromise accepted on or after that date.
CLARIFY THAT WINE SHOP PERMITTEES MAY HOLD MALT BEVERAGE SHOP
PERMITS AND THAT MALT BEVERAGE SHOP PERMITTEES MAY HOLD WINE
SHOP PERMITS
SECTION 9. G.S. 18B-1001 reads as rewritten:
"§ 18B-1001. Kinds of ABC permits; places eligible.
When the issuance of the permit is lawful in the jurisdiction in which the premises are located,
the Commission may issue the following kinds of permits:
(16) Wine Shop Permit. – A wine shop permit authorizes (i) the retail sale of malt
beverages, unfortified wine, and fortified wine in the manufacturer's original
container for consumption off the premises, (ii) the retail sale of malt
beverages or unfortified wine dispensed from a tap connected to a pressurized
container utilizing carbon dioxide or similar gas in a cleaned and sanitized
container that is filled or refilled and sealed for consumption off the premises
and that identifies the permittee and the date the container was filled or
refilled, and (iii) wine tastings on the premises conducted and supervised by
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the permittee in accordance with subdivision (15) of this section. It also
authorizes the holder of the permit to ship malt beverages, unfortified wine,
and fortified wine in closed containers to individual purchasers inside and
outside the State. The permit may be issued for retail businesses whose
primary purpose is selling malt beverages and wine for consumption off the
premises and regularly and customarily educating consumers through tastings,
classes, and seminars about the selection, serving, and storing of wine. The
holder of the permit is authorized to sell unfortified wine for consumption on
the premises, provided that that, except as otherwise provided in this
subdivision, the sale of wine for consumption on the premises does not exceed
forty percent (40%) of the establishment's total sales for any 30-day period.
The holder of a wine-tasting permit not engaged in the preparation or sale of
food on the premises is not subject to Part 6 of Article 8 of Chapter 130A of
the General Statutes. A holder of a wine shop permit shall also be eligible to
hold a malt beverage shop permit under G.S. 18B-1001(16a). If the holder of
a wine shop permit also holds a malt beverage shop permit, then the sales of
alcoholic beverages for consumption on the premises may not exceed forty
percent (40%) of the establishment's total sales for any 30-day period.
(16a) Malt Beverage Shop Permit. – A malt beverage shop permit authorizes (i) the
retail sale of malt beverages, unfortified wine, and fortified wine in the
manufacturer's original container for consumption off the premises, (ii) the
retail sale of malt beverages dispensed from a tap connected to a pressurized
container utilizing carbon dioxide or similar gas in a cleaned and sanitized
container that is filled or refilled and sealed for consumption off the premises
and that identifies the permittee and the date the container was filled or
refilled, and (iii) malt beverage tastings on the premises conducted and
supervised by the permittee in accordance with subdivision (18) of this
section. It also authorizes the holder of the permit to ship malt beverages,
unfortified wine, and fortified wine in closed containers to individual
purchasers inside and outside the State. The permit may be issued for retail
businesses whose primary purpose is selling malt beverages for consumption
off the premises and regularly and customarily educating consumers through
tastings, classes, and seminars about the selection, serving, and storing of malt
beverages. The holder of the permit is authorized to sell malt beverages for
consumption on the premises, provided that that, except as otherwise provided
in this subdivision, the sale of malt beverages, combined, for consumption on
the premises does not exceed forty percent (40%) of the establishment's total
sales for any 30-day period. The holder of a malt beverage tasting permit not
engaged in the preparation or sale of food on the premises is not subject to
Part 6 of Article 8 of Chapter 130A of the General Statutes. A holder of a malt
beverage shop permit shall also be eligible to hold a wine shop permit under
G.S. 18B-1001(16). If the holder of a malt beverage shop permit also holds a
wine shop permit, then the sales of alcoholic beverages for consumption on
the premises may not exceed forty percent (40%) of the establishment's total
sales for any 30-day period.
…."
CLARIFY ABC COMMISSION NOTICE TO PERMIT HOLDER
SECTION 10.(a) G.S. 18B-502(c) reads as rewritten:
"(c) Notice to Permit Holders. – If the Commission receives a report from a law
enforcement agency other than the Division of Alcohol Law Enforcement of the Department of
Page 8 House Bill 198-Fifth Edition
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Public Safety or a local ABC officer any law enforcement agency documenting violations of this
Chapter or Chapter 14 of the General Statutes for conduct occurring on the premises of a
permitted establishment, the Commission shall send notice of the alleged violation to the holder
of the permit within five business days of receipt of the law enforcement agency report. The
written notice shall identify the currently alleged violations and the involved employee. Nothing
in this subsection shall prevent or limit the Commission from taking any additional action
warranted by the circumstances of the violation."
SECTION 10.(b) This section is effective when it becomes law and applies to
violations committed on or after that date.
PART III. OTHER ABC CHANGES
ESTABLISH SERVICE BUSINESS PERMIT
SECTION 11.(a) G.S. 18B-300(a1) reads as rewritten:
"(a1) Consumption on Premises During Time of Permit Revocation or Suspension. – It shall
be unlawful to consume or for a permittee or his a permittee's agent or employee to allow the
consumption of malt beverages or unfortified wine on the premises of any business during the
period of time that any on-premises permit or service business permit issued to the business
authorizing the sale and or consumption of malt beverages or unfortified wine has been
suspended or revoked by the Commission. The prohibition in this subsection does not apply to
the premises upon which the business was located at the time the permit was suspended or
revoked if the business ceases to operate in that location and the owner of the property is not the
permittee, provided that the permittee is not engaged in any other business or other activity on
the premises during the period of suspension or revocation."
SECTION 11.(b) G.S. 18B-603 is amended by adding a new subsection to read:
"(i) Service Business Permits. – The Commission may only issue service business permits
provided for in G.S. 18B-1001(26) to qualified persons and establishments located within a
jurisdiction in which on-premises malt beverage permits or on-premises unfortified wine permits
may be issued, subject to the following restrictions:
(1) If on-premises malt beverage permits, but not on-premises unfortified wine
permits, may be issued in the jurisdiction, the service business permittee may
furnish only malt beverages to customers.
(2) If on-premises unfortified wine permits, but not on-premises malt beverage
permits, may be issued in the jurisdiction, the service business permittee may
furnish only unfortified wine to customers.
(3) If on-premises malt beverage permits and on-premises unfortified wine
permits may be issued in the jurisdiction, the service business permittee may
furnish malt beverages and unfortified wine to customers."
SECTION 11.(c) G.S. 18B-902 reads as rewritten:
"§ 18B-902. Application for permit; fees.
(d) Fees. – An application for an ABC permit shall be accompanied by payment of the
following application fee:
(57) Service business permit – $50.00.
(h) Recycling Plan Required. – Each applicant for an on-premises malt beverage permit,
on-premises unfortified wine permit, service business permit, on-premises fortified wine permit,
or a mixed beverages permit shall prepare and submit with the application a plan for the collection
and recycling of all recyclable beverage containers of all beverages to be furnished or sold at
retail on the premises. Each applicant for a mobile bar services permit shall prepare and submit
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with the application a plan for the collection and recycling of all recyclable beverage containers
of all beverages to be served at an event pursuant to the permit. A permittee who is not able to
find a recycler for its beverage containers may apply to the Alcoholic Beverage Control
Commission for a one-year stay of the requirement to implement a recycling program in
compliance with G.S. 18B-1006.1. The application shall be made in a form specified by the
Commission, shall detail the efforts made by the permittee to provide for the collection and
recycling of beverage containers, and shall specify the impediments to implementation of a
recycling plan. The Commission shall submit all such applications to the Division of
Environmental Assistance and Outreach of the Department of Environmental Quality for review
and certification. The Division of Environmental Assistance and Outreach shall investigate each
application and prepare a summary of its investigation and shall submit the summary to the
Commission along with a notation indicating certification or denial of the application. A
permittee whose application for a stay is certified by the Division of Environmental Assistance
and Outreach shall not be required to comply with the recycling requirement of the alcoholic
beverage laws and regulations during the one-year stay period so certified."
SECTION 11.(d) G.S. 18B-903, as amended by Section 6 of this act, reads as
rewritten:
"§ 18B-903. Duration of permit; renewal and transfer.
(a) Duration. – Once issued, ABC permits shall be valid for the following periods, unless
earlier surrendered, suspended or revoked:
(1) On-premises and off-premises malt beverage, unfortified wine, and fortified
wine permits; service business permits; culinary permits; and all permits listed
in G.S. 18B-1100 shall remain valid indefinitely.
(b1) Registration. – Each person holding a malt beverage, fortified wine, or unfortified
wine permit unfortified wine, or service business permit issued pursuant to G.S. 18B-902(d)(1)
through G.S. 18B-902(d)(6) or G.S. 18B-902(d)(57) shall register by May 1 of each year on a
form provided by the Commission, in order to provide information needed by the State in
enforcing this Chapter and to support the costs of that enforcement. The For permits issued
pursuant to G.S. 18B-902(d)(1) through G.S. 18B-902(d)(6), the registration required by this
subsection shall be accompanied by an annual registration fee of four hundred dollars ($400.00)
for each permit held. For permits issued pursuant to G.S. 18B-902(d)(57), the registration
required by this subsection shall be accompanied by an annual registration fee of fifty dollars
($50.00) for each permit held. The fee shall be paid by May 1 of each year. A registration fee
shall not be refundable. Failure to pay the annual registration fee shall result in revocation of the
permit.
(b2) Recycling Plan Required. – Each person holding an on-premises malt beverage
permit, on-premises unfortified wine permit, service business permit, on-premises fortified wine
permit, or a mixed beverages permit shall submit, along with the annual registration or renewal
application, either a current plan for the collection and recycling of all recyclable beverage
containers of all beverages furnished or sold at retail on the premises, or an application for a
waiver pursuant to G.S. 18B-902(h). Each person holding a mobile bar services permit shall
submit, along with the annual renewal application, either a current plan for the collection and
recycling of all recyclable beverage containers of all beverages to be served at an event pursuant
to the permit, or an application for a waiver pursuant to G.S. 18B-902(h).
…."
SECTION 11.(e) G.S. 18B-1000 reads as rewritten:
"§ 18B-1000. Definitions concerning establishments.
The following requirements and definitions shall apply to this Chapter:
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(7a) Service business. – An establishment that is primarily engaged in the business
of providing services to the general public that require an occupational license
issued by the State.
(7a)(7b) Sports and entertainment venue. – Stadiums, ballparks, and other similar
facilities with a permanently constructed seating capacity of 3,000 or more
which are not located on the campus of a school, college, or university.
…."
SECTION 11.(f) G.S. 18B-1001 is amended by adding a new subdivision to read:
"(26) Service Business Permit. – A service business permit authorizes the permittee
to furnish complimentary malt beverages and unfortified wine to customers,
in conjunction with the provision of the service, for consumption on the
permittee's premises at no extra charge to the customers. The permittee may
furnish alcoholic beverages to customers only in accordance with
G.S. 18B-603(i). The permittee may not serve more than two servings of
alcoholic beverages to any individual customer in any calendar day. For
purposes of this subdivision, a serving of malt beverage is 16 fluid ounces and
a serving of unfortified wine is 8 fluid ounces. Notwithstanding
G.S. 18B-1006(h), the permittee may purchase malt beverages and unfortified
wine only from a retailer. The permit may be issued to service businesses."
SECTION 11.(g) G.S. 18B-1006.1(a) reads as rewritten:
"(a) Holders of on-premises malt beverage permits, on-premises unfortified wine permits,
service business permits, on-premises fortified wine permits, and mixed beverages permits shall
separate, store, and provide for the collection for recycling of all recyclable beverage containers
of all beverages furnished or sold at retail on the premises. A permittee has satisfied the
requirements of this section if it implements a recycling program that meets the minimum
standards of the model recycling program developed by the Commission pursuant to
G.S. 130A-309.14(m). Failure to comply with the requirements of this section shall not be
grounds for revocation of a permit. A conviction for violation of this section shall not constitute
an alcoholic beverage offense within the meaning of G.S. 18B-900(a)(4)."
SECTION 11.(h) This section becomes effective September 1, 2026.
COUNTY MIXED BEVERAGE ELECTION AMENDMENT
SECTION 12.(a) G.S. 18B-600(b) reads as rewritten:
"(b) County Elections. – Any county may hold a malt beverage, unfortified wine, or ABC
store election. A county may hold a mixed beverage election only if (i) the county already
operates at least one county ABC store or a city located in the county operates at least one ABC
store, or (ii) a county election on ABC stores is to be held at the same time as the mixed beverage
election. Provided, if a county does not operate at least one ABC store, a mixed beverages
permittee may purchase liquor from an ABC store that is designated as a mixed beverage ABC
store operated by any local board operating in the same county as the permittee or any adjacent
county."
SECTION 12.(b) This section is retroactively effective October 1, 2024, and applies
to elections held on or after that date.
REVISE LAW GOVERNING DISPLAY OF SPIRITUOUS LIQUOR DISTILLED OR
PRODUCED IN NORTH CAROLINA
SECTION 13. G.S. 18B-800(e) reads as rewritten:
"(e) Each ABC store shall display spirits which are distilled or produced in North Carolina
in an area dedicated solely to North Carolina products.products or otherwise in the store so long
as the product is identified as a North Carolina product by a price tag or shelf tag."
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INCLUDE WHIPPED CREAM IN THE DEFINITION OF ALCOHOL CONSUMABLE
SECTION 14.(a) G.S. 18B-101(4a) reads as rewritten:
"(4a) "Alcohol consumable" means any manufactured and packaged ice cream,
whipped cream, ice pop, gum-based, or gelatin-based food product containing
at least one-half of one percent (0.5%) alcohol by volume."
SECTION 14.(b) This section becomes effective December 1, 2026, and applies to
offenses committed on or after that date.
PROVIDE MIXED BEVERAGES PERMITTEES WITH PRIOR NOTICE OF
APPORTIONED PRODUCT LOTTERY
SECTION 15.(a) G.S. 18B-800 is amended by adding a new subsection to read:
"(c6) Prior Notice of Lottery. – At least 30 days prior to the date it plans to conduct a lottery
or other random drawing to sell apportioned products to mixed beverage permittee customers of
an ABC store, the local board conducting the lottery or other random drawing shall provide each
mixed beverage permittee with written notice of the lottery or other random drawing by email or
first-class mail. For purposes of this subsection, the term "apportioned products" means
containers of spirituous liquor that are made available to local boards only by random drawings
conducted by the Commission."
SECTION 15.(b) This section becomes effective October 1, 2026, and applies to
lotteries or other random drawings to sell apportioned products held on or after that date.
CLARIFY WHEN SPECIAL ONE-TIME PERMITS ARE REQUIRED FOR
NONPROFIT ORGANIZATIONS
SECTION 16. G.S. 18B-1002(a) reads as rewritten:
"(a) Kinds of Permits. – In addition to the other permits authorized by this Chapter, the
Commission may issue permits for the following activities:
(2) A permit may be issued to a nonprofit organization to allow the retail sale of
malt beverages, unfortified wine, fortified wine, or mixed beverages, or to
allow brown-bagging, at a single fund-raising event of that organization. A
permit for this purpose shall not be issued for the sale of any kind of alcoholic
beverage in a jurisdiction where the sale of that alcoholic beverage is not
lawful. A permit is not required under this subdivision for an event conducted
by a nonprofit organization that meets any of the following:
a. The event is held on premises permitted under G.S. 18B-1001(1),
18B-1001(2), 18B-1001(3), 18B-1001(4), 18B-1001(5), 18B-1001(6),
or 18B-1001(10) and the wine, malt beverages, and spirituous liquor
sold at the event are sold by the retail permittee from the retail
permittee's inventory.
b. The event is held on a premises that does not hold a permit under this
Chapter and the wine, malt beverages, and spirituous liquor sold or
served at the event is provided by one of the following in a manner
allowed under that permit:
1. A mobile bar services permittee pursuant to
G.S. 18B-1001(12a).
2. A mixed beverage catering permittee pursuant to
G.S. 18B-1001(12).
3. A malt beverage special event permittee pursuant to
G.S. 18B-1114.5.
4. A winery special event permittee pursuant to G.S. 18B-1114.1.
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5. A spirituous liquor special event permittee pursuant to
G.S. 18B-1114.7.
(5) A permit may be issued to a unit of local government, or to a nonprofit
organization or a political organization to serve wine, malt beverages, and
spirituous liquor at a ticketed an event held to allow the unit of local
government or organization to raise funds. A permit is not required under this
subdivision for an event conducted by a unit of local government, a nonprofit
organization, or a political organization that meets any of the following:
a. The event is held on premises permitted under G.S. 18B-1001(1),
18B-1001(2), 18B-1001(3), 18B-1001(4), 18B-1001(5), 18B-1001(6),
or 18B-1001(10) and the wine, malt beverages, and spirituous liquor
sold at the event are sold by the retail permittee from the retail
permittee's inventory.
b. The event is held on a premises that does not hold a permit under this
Chapter and the wine, malt beverages, and spirituous liquor sold or
served at the event is provided by one of the following in a manner
allowed under that permit:
1. A mobile bar services permittee pursuant to
G.S. 18B-1001(12a).
2. A mixed beverage catering permittee pursuant to
G.S. 18B-1001(12).
3. A malt beverage special event permittee pursuant to
G.S. 18B-1114.5.
4. A winery special event permittee pursuant to G.S. 18B-1114.1.
5. A spirituous liquor special event permittee pursuant to
G.S. 18B-1114.7.
For purposes of this subdivision "nonprofit organization" means an
organization that is exempt from taxation under Section 501(c)(3), 501(c)(4),
501(c)(6), 501(c)(8), 501(c)(10), 501(c)(19), or 501(d) of the Internal
Revenue Code or is exempt under similar provisions of the General Statutes
as a bona fide nonprofit charitable, civic, religious, fraternal, patriotic, or
veterans' organization or as a nonprofit volunteer fire department, or as a
nonprofit volunteer rescue squad or a bona fide homeowners' or property
owners' association. For purposes of this subdivision "political organization"
means an organization covered by the provisions of G.S. 163-96(a)(1) or (2)
or a campaign organization established by or for a person who is a candidate
who has filed a notice of candidacy, paid the filing fees or filed the required
petition, and been certified as a candidate. The issuance of this permit shall
also allow the use for culinary purposes of spirituous liquor lawfully
purchased for use in mixed beverages. The issuance of this permit shall also
allow a nonprofit organization to offer alcoholic beverages in the
manufacturer's original closed container as a prize in a raffle or sell alcoholic
beverages in the manufacturer's original closed container at auction at the
ticketed event to allow the nonprofit organization to raise funds.
…."
SPECIAL MULTIPLE EVENT PERMIT
SECTION 17.(a) Article 10 of Chapter 18B of the General Statutes is amended by
adding a new section to read:
"§ 18B-1002.2. Special multiple event permit.
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General Assembly Of North Carolina Session 2025
(a) Definitions. – The following definitions apply to this section:
(1) Nonprofit organization. – An organization that is exempt from taxation under
section 501(c)(3), 501(c)(4), 501(c)(6), 501(c)(8), 501(c)(10), 501(c)(19), or
501(d) of the Internal Revenue Code or is exempt under similar provisions of
the General Statutes as a bona fide nonprofit charitable, civic, religious,
fraternal, patriotic, or veterans' organization or as a nonprofit volunteer fire
department, or as a nonprofit volunteer rescue squad or a bona fide
homeowners' or property owners' association.
(2) Political organization. – An organization covered by the provisions of
G.S. 163-96(a)(1) or (2) or a campaign organization established by or for a
person who is a candidate who has filed a notice of candidacy, paid the filing
fees or filed the required petition, and been certified as a candidate.
(b) Permit Authorized. – A special multiple event permit may be issued to an individual
person representing a nonprofit organization or a political organization to allow the following at
multiple fund-raising events of that organization:
(1) The retail sale of malt beverages, unfortified wine, fortified wine, and mixed
beverages.
(2) Brown-bagging.
(3) The serving of malt beverages, unfortified wine, fortified wine, and mixed
beverages at an event.
(4) Offering alcoholic beverages in the manufacturer's original closed container
as a prize in a raffle at an event.
(5) Selling alcoholic beverages in the manufacturer's original closed container at
auction at an event.
The permit holder must be present at any fund-raising event conducted pursuant to a special
multiple event permit.
(c) Permit Holder Limitations. – Not more than two persons representing a single
nonprofit organization or political organization may obtain permits pursuant to this section. No
person may hold a special multiple event permit as a representative of more than one nonprofit
organization or political organization.
(d) Notice of Events. – The holder of the permit shall provide written notice of a
fund-raising event to the Commission and to the governing body of the city or county in which
the fund-raising event will be located at least 30 days prior to the event. The notice shall include
the date, time, and location of the event and the types of alcoholic beverages to be sold or served
at the event. If the event is occurring on premises located partially or entirely within the
boundaries of a social district and is scheduled to occur during hours when alcoholic beverages
may be consumed in the social district, the holder of the permit shall include that information in
the notice.
To be considered by the Commission, the local governing body must file any objection in
writing with the Commission not less than 15 days prior to the event and must state the facts
upon which the objection is based.
The Commission shall have the sole power, in its discretion, to determine suitability of the
location at which the permit will be used to conduct a fund-raising event.
(e) Records. – The permit holder shall maintain for a period of at least one year a record
of each fund-raising event conducted. The record shall include the date of the fund-raising event,
the time of the fund-raising event, an identification of the venue at which the fund-raising event
was held, and the types of alcoholic beverages sold or served at the event. The permit holder shall
allow the Commission to inspect those records at any time.
(f) General Limitations. – A permit issued pursuant to this section shall not allow any of
the following:
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(1) The sale of any kind of alcoholic beverage in a jurisdiction where the sale of
that alcoholic beverage is not lawful.
(2) The sale or consumption of alcoholic beverages outside the hours authorized
in G.S. 18B-1004.
(g) A permit is not required under this section for an event conducted by a nonprofit
organization or political organization that meets any of the following:
(1) The event is held on premises permitted under G.S. 18B-1001(1),
18B-1001(2), 18B-1001(3), 18B-1001(4), 18B-1001(5), 18B-1001(6), or
18B-1001(10) and the wine, malt beverages, and spirituous liquor sold at the
event are sold by the retail permittee from the retail permittee's inventory.
(2) The event is held on a premises that does not hold a permit under this Chapter
and the wine, malt beverages, and spirituous liquor sold or served at the event
is provided by one of the following in a manner allowed under that permit:
a. A mobile bar services permittee pursuant to G.S. 18B-1001(12a).
b. A mixed beverage catering permittee pursuant to G.S. 18B-1001(12).
c. A malt beverage special event permittee pursuant to G.S. 18B-1114.5.
d. A winery special event permittee pursuant to G.S. 18B-1114.1.
e. A spirituous liquor special event permittee pursuant to
G.S. 18B-1114.7."
SECTION 17.(b) G.S. 18B-125 reads as rewritten:
"§ 18B-125. Exceptions.
This Article does not create a claim for relief against any of the following:
(1) One who holds only a brown bagging permit, a special occasions permit, or a
limited special occasions permit;permit.
(2) One who holds only a special one-time permit under G.S.
18B-1002;G.S. 18B-1002.
(2a) One who holds only a special multiple event permit under G.S. 18B-1002.2.
(3) One who holds only permits listed in G.S. 18B-1100;G.S. 18B-1100.
(4) One who holds any combination of the permits listed in this section."
SECTION 17.(c) G.S. 18B-300.1(j) reads as rewritten:
"(j) Interaction with Other Permits. – The Commission shall issue permits for special
events occurring partially or entirely within the boundaries of a social district as follows:
(1) The Commission may issue special one-time permits pursuant to
G.S. 18B-1002(a)(2) or (a)(5) for events occurring on premises located
partially or entirely within the boundaries of a social district. If the event is
scheduled to occur during hours when alcoholic beverages may be consumed
in the social district, the event permittee shall, in addition to obtaining such
signed law enforcement notification as may be required under the
Commission's rules, include in such notification a statement that the event is
to occur in a social district during days and hours designated for consumption
of alcoholic beverages.
(2) A permittee holding a winery special event permit, malt beverage special
event permit, or spirituous liquor special event permit pursuant to
G.S. 18B-1114.1, 18B-1114.5, and 18B-1114.7, respectively, may sell and
serve products at special events taking place in a social district.
(3) A permittee holding a mixed beverages catering permit pursuant to
G.S. 18B-1001(12) may serve spirituous liquor to guests at events taking place
in a social district.
(4) A permittee holding a special multiple event permit pursuant to
G.S. 18B-1002.2 may hold an event in a social district."
SECTION 17.(d) G.S. 18B-603(f) reads as rewritten:
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"(f) Permits Not Dependent on Elections. – The Commission may issue the following
kinds of permits without approval at an election:
(11) Special multiple event permits issued under G.S. 18B-1002.2."
SECTION 17.(e) G.S. 18B-900(a) reads as rewritten:
"(a) Requirements. – To be eligible to receive and to hold an ABC permit, a person must
satisfy all of the following requirements:
(8) Be current in filing all applicable tax returns to the State and in payment of all
taxes, interest, and penalties that are collectible under G.S. 105-241.22. This
subdivision does not apply to the following ABC permits:
a. Special occasion permit under G.S. 18B-1001(8).
b. Limited special occasion permit under G.S. 18B-1001(9).
c. Special one-time permit under G.S. 18B-1002.
d. Salesman permit under G.S. 18B-1111.
e. Special multiple event permit under G.S. 18B-1002.2.
…."
SECTION 17.(f) G.S. 18B-901(b) reads as rewritten:
"(b) Notice to Local Government. – Before issuing a retail ABC permit, other than a:
(1) Special occasion permit under G.S. 18B-1001(8);
(2) Limited special occasion permit under G.S. 18B-1001(9);
(3) Temporary permit under G.S. 18B-905; or
(4) Special one-time permit under G.S. 18B-1002
permit for an establishment, the Commission shall give notice of the permit application to the
governing body of the city in which the establishment is located. If the establishment is not inside
a city, the Commission shall give notice to the governing body of the county. The Commission
shall allow the local governing body 15 days from the time the notice was mailed or delivered to
file written objection to the issuance of the permit. To be considered by the Commission, the
objection shall state the facts upon which it is based.
This subsection shall not apply to the following permits:
(1) A special occasion permit under G.S. 18B-1001(8).
(2) A limited special occasion permit under G.S. 18B-1001(9).
(3) A temporary permit under G.S. 18B-905.
(4) A special one-time permit under G.S. 18B-1002.
(5) A special multiple event permit under G.S. 18B-1002.2."
SECTION 17.(g) G.S. 18B-902(d) reads as rewritten:
"(d) Fees. – An application for an ABC permit shall be accompanied by payment of the
following application fee:
(58) Special multiple event permit – $200.00."
REVISE REQUIREMENTS FOR RECEIVING A TEMPORARY PERMIT
SECTION 18.(a) G.S. 18B-905 reads as rewritten:
"§ 18B-905. Temporary permits.
When an application has been received in proper form, with the required application fee, the
Commission may issue a temporary permit for any of the activities for which permits are
authorized under G.S. 18B-1001 and 18B-1100. If the person has applied to the applicable local
government for the Inspection/Zoning Compliance and Local Government Opinion forms
required for the application but has not received approvals or denials from the local government,
the applicant may submit a sworn affidavit with the application stating that the person has applied
to the local government for the Inspection/Zoning Compliance and Local Government Opinion
Page 16 House Bill 198-Fifth Edition
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approvals in lieu of those approvals. The person shall send the local government approvals or
denials to the Commission within three business days of receiving the approvals or denials. A
temporary permit may be revoked summarily by the Commission without complying with the
provisions of Chapter 150B. Revocation of a temporary permit or withdrawal by the Commission
of a pending application by a permittee possessing a temporary permit shall be effective upon
service of the notice of revocation or withdrawal upon the permittee at either the permittee's
residence or the address given for the business in the permit application or upon the expiration
of five business days after the notice of the revocation or withdrawal has been mailed to the
permittee at either the permittee's residence or the address given for the business in the permit
application. No further notice shall be required."
SECTION 18.(b) This section becomes effective October 1, 2026, and applies to
applications received on or after that date.
REVISE LAW REGULATING THE SALE AND DELIVERY OF MORE THAN ONE
DRINK AT A TIME TO A SINGLE PATRON
SECTION 19.(a) G.S. 18B-1010(a) reads as rewritten:
"(a) Except as otherwise provided in this section, the holder of an on-premises malt
beverage permit, on-premises unfortified wine permit, on-premises fortified wine permit, or
mixed beverages permit issued under G.S. 18B-1001 permit, or a permittee otherwise authorized
to sell malt beverages, unfortified wine, fortified wine, or mixed beverages for on-premises
consumption, may sell and deliver not more than two alcoholic beverage drinks at one time to a
single patron with the following limitations:patron.
(1) Not more than two alcoholic beverage drinks at one time if the alcoholic
beverage drinks are any of the following:
a. A malt beverage.
b. Unfortified wine.
c. Fortified wine.
(2) Not more than one alcoholic beverage at one time if an alcoholic beverage
drink is a mixed beverage or contains spirituous liquor."
SECTION 19.(b) G.S. 18B-1001(10) reads as rewritten:
"(10) Mixed Beverages Permit. – A mixed beverages permit authorizes the retail
sale of mixed beverages for consumption on the premises. The permit also
authorizes a mixed beverages permittee to obtain an antique spirituous liquor
permit under subdivision (20) of this section and to use for culinary purposes
spirituous liquor lawfully purchased for use in mixed beverages. The permit
may be issued for any of the following:
a. Restaurants.
b. Hotels.
c. Private clubs.
d. Convention centers.
e. Community theatres.
f. Nonprofit organizations.
g. Political organizations.
h. Sports and entertainment venues.
i. Bars.
j. The holder of a distillery permit authorized under G.S. 18B-1105.
k. Breweries.
l. Wineries.
Additionally, a mixed beverages permit authorizes a permittee that is a
restaurant, hotel, private club, bar, brewery, winery, or the holder of a
distillery permit to sell at retail mixed beverages for consumption off the
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premises, including delivery by the permittee or a delivery service permittee.
A mixed beverage sold for consumption off the premises must be sold with
food and shall be (i) a premixed cocktail in the manufacturer's original closed
container, or (ii) packaged in a container with a secure lid or cap, and in a
manner designed to prevent consumption without removal of the lid or cap.
The container shall be no greater than 24 fluid ounces. In accordance with
G.S. 20-138.7, the transportation of a mixed beverage in a motor vehicle shall
not be unlawful if the container is an unopened manufacturer's original
container or is transported in a locked container, in the trunk, or in the area
behind the last upright seat in a motor vehicle not equipped with a trunk.
Notwithstanding G.S. 18B-1010, the sale of more than one mixed beverage
drink two mixed beverage drinks at one time shall not be unlawful if the mixed
beverage drinks are sold for delivery or consumption off the permittee's
premises. No mixed beverage ordered for off-premises consumption shall be
provided to any person other than the purchaser of the mixed beverage, except
that in the case of delivery, the delivery service permittee through its
employees or agents may provide the mixed beverage to a person other than
the purchaser if the permittee or the permittee's employees or agents verify
that the person is over 21 years of age using age verification software requiring
the recipient to provide a form of photographic identification authorized in
G.S. 18B-302(d)(1)."
SECTION 19.(c) This section becomes effective October 1, 2026, and applies to
alcoholic beverages sold on or after that date.
ALLOW THE SALE OF MULTIPLE ALCOHOLIC BEVERAGE DRINKS TO A
SINGLE PATRON IN A VESSEL
SECTION 20.(a) G.S. 18B-1010 is amended by adding a new subsection to read:
"(c) The holder of an on-premises malt beverage permit, on-premises unfortified wine
permit, on-premises fortified wine permit, or mixed beverages permit, or a permittee otherwise
authorized to sell malt beverages, unfortified wine, fortified wine, or mixed beverages for
on-premises consumption, may sell and deliver up to six alcoholic beverage drinks at one time
to a single patron for on-premises consumption if the alcoholic beverage drinks are in the
manufacturer's original unopened container and delivered to the patron in a single vessel."
SECTION 20.(b) The Revisor of Statutes shall replace all references to
"G.S. 18B-1010" with "G.S. 18B-1010(a)" in G.S. 18B-300.1(f), 18B-1001, and 18B-1001.5(g).
MODIFY REQUIREMENTS FOR TOURISM ABC ESTABLISHMENTS
SECTION 21. G.S. 18B-101(14a) reads as rewritten:
"(14a) "Tourism ABC establishment" means a restaurant or hotel that is in a county
in which the on-premises or off-premises sale of malt beverages or unfortified
wine is authorized in at least one city and that meets both either of the
following requirements:
a. Is located on property, a property line of which is located within 1.5
miles 2 miles of the end of an entrance or exit ramp of a junction on a
national scenic parkway designed to attract local, State, national, and
international tourists between the State line and Milepost 469,
provided that the Eastern Band of Cherokee Indians tribal alcoholic
beverage control commission established under G.S. 18B-112 shall
have exclusive authority to issue permits pursuant to this subdivision
between Milepost 460 and the southern terminus of the national scenic
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byway at Milepost 469 for any restaurant or hotel that is located
wholly on Indian Country lands.
b. Is located in a county in which the on-premises or off-premises sale of
malt beverages or unfortified wine is authorized in at least one city.on
property, a property line of which is located within 3 miles of the State
line, that is adjacent to a North Carolina scenic byway."
CLEANING OF DRAFT LINES
SECTION 22.(a) G.S. 18B-1116(a)(4) reads as rewritten:
"(4) Provide or offer to provide draft line cleaning services (i) to an alcoholic
beverage retailer unless the retailer pays the fair market value for such
services.at a different cost per line than to another alcoholic beverage retailer
or (ii) to some alcoholic beverage retailers but not others. Nothing in this
subdivision shall require any manufacturer, bottler, or wholesaler of any
alcoholic beverages, or any officer, director, or affiliate thereof, to provide or
offer to provide draft line cleaning services."
SECTION 22.(b) G.S. 18B-1003 is amended by adding a new subsection to read:
"(e) Draft Line Cleaning. – Any permittee that provides draft alcoholic beverages shall
ensure that draft lines are cleaned on a regular basis and shall maintain a record of each date of
cleaning and the person or entity that performed the cleaning for at least 12 months."
SECTION 22.(c) This section becomes effective October 1, 2026.
ALLOW ABC COMMISSION TO REQUIRE REAL-TIME REPORTING
SECTION 23. G.S. 18B-205 reads as rewritten:
"§ 18B-205. Accounts and reports required.
(a) Accounts and Reports. – The Commission may require local boards to submit
quarterly mixed beverage reports, quarterly and annual audits, monthly sales records, and any
other reports or audits relating to the operations of the local ABC systems.
(b) Accounting System. – The Commission may require local boards to use generally
accepted accounting standards and a chart of accounts prescribed by the Commission in the
operation of ABC stores, and to record all information necessary and useful to the Commission
in auditing the operation of ABC systems and administering the ABC law.
(c) Audits. – The Commission may audit the operation of any local ABC store or board,
and the books of those stores and boards shall remain open to the Commission for inspection.
(d) Real-Time Reporting. – The Commission may require local boards to submit daily,
weekly, and monthly sales data to a designated vendor in real time. A local board may satisfy
this requirement by connecting or integrating the point-of-sale system used in its ABC stores
with the designated vendor."
ALLOW CERTAIN ABC PERMITTEES TO PREPARE MIXED BEVERAGES FOR
CONSUMER TASTINGS IN ABC STORES
SECTION 24. G.S. 18B-1114.7(c) reads as rewritten:
"(c) Additional Limitations on Tastings in ABC Stores. – Consumer tastings conducted in
an ABC store shall have the following additional limitations:
(4) Notwithstanding subdivision (3) of subsection (b) of this section, the total
amount of the tasting samples offered to and consumed by each consumer at
a consumer tasting event shall not exceed one-half ounce of spirituous liquor
in any calendar day.day, including any spirituous liquor in mixed beverages
offered for consumer tasting pursuant to subdivision (4a) of this subsection.
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(4a) The permit holder conducting the event may prepare and offer for tasting
mixed beverages containing the spirituous liquor offered for tasting at the
ABC store. A mixed beverage offered for tasting pursuant to this subdivision
shall contain no more than 0.25 ounces of spirituous liquor.
…."
MODIFY THE PROHIBITIONS ON ABC PERMITTEES EMPLOYING CERTAIN
INDIVIDUALS
SECTION 25.(a) G.S. 18B-1003(c) reads as rewritten:
"(c) Certain Employees Prohibited. – A permittee shall not knowingly employ in the sale
or distribution of alcoholic beverages any person who has been:
(1) Convicted of a felony within three years;
(2) Convicted of a felony more than three years previously and has not had his
the person's citizenship restored;
(3) Convicted of an alcoholic beverage offense within two years; or
(4) Convicted of a misdemeanor controlled substances offense within two years;
(5) A past permit holder under Chapter 18B of the General Statutes whose permit
had been revoked within the last 18 months and who had been the permit
holder at the location where the person would be employed.
For purposes of this subsection, "conviction" has the same meaning as in G.S. 18B-900(b).
To avoid undue hardship, the Commission may, in its discretion, exempt persons on a
case-by-case basis from this subsection. If the Commission has notified a permittee of a potential
violation of this subsection and the permittee claims undue hardship within 30 days of receipt of
the notification, the permittee may continue to employ the person in question until the final
determination of undue hardship."
SECTION 25.(b) The ABC Commission shall adopt rules to amend its rules
consistent with this section.
SECTION 25.(c) This section is effective when it becomes law and applies to
individuals employed by ABC permittees and undue hardship proceedings on or after that date.
ALLOW OFF-PREMISES WINE TASTINGS
SECTION 26. G.S. 18B-1001, as amended by Section 9 of this act, reads as
rewritten:
"§ 18B-1001. Kinds of ABC permits; places eligible.
When the issuance of the permit is lawful in the jurisdiction in which the premises are located,
the Commission may issue the following kinds of permits:
(3) On-Premises Unfortified Wine Permit. – An on-premises unfortified wine
permit authorizes (i) the retail sale of unfortified wine for consumption on the
premises, either alone or mixed with other beverages, (ii) the retail sale of
unfortified wine in the manufacturer's original container for consumption off
the premises, and (iii) the retail sale of unfortified wine dispensed from a tap
connected to a pressurized container utilizing carbon dioxide or similar gas
into a cleaned and sanitized container that is filled or refilled and sealed for
consumption off the premises and that identifies the permittee and the date the
container was filled or refilled. refilled, and (iv) wine tastings conducted at a
consumer's private residence or a location not holding a permit under this
section where consumers are educated about selection, serving, and storing of
wine by the permittee or the permittee's employee or agent utilizing wine from
the permit holder's inventory and consumers may purchase wine for future
delivery or pick-up at the permittee's permitted premises. The permit also
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authorizes the permittee to transfer unfortified wine, not more than four times
per calendar year, to another on-premises unfortified wine permittee that is
under common ownership or control as the transferor. Except as authorized
by this subdivision, transfers of wine by on-premises unfortified wine
permittees, purchases of wine by a retail permittee from another retail
permittee for the purpose of resale, and sale of wine by a retail permittee to
another retail permittee for the purpose of resale are unlawful. In addition, a
particular brand of wine may be transferred only if both the transferor and
transferee are located within the territory designated between the winery and
the wholesaler on file with the Commission. Prior to or contemporaneous with
any such transfer, the transferor shall notify each wholesaler who distributes
the transferred product of the transfer. The notice shall be in writing or
verifiable electronic format and shall identify the transferor and transferee, the
date of the transfer, quantity, and items transferred. The holder of the permit
is authorized to ship unfortified wine in closed containers to individual
purchasers inside and outside the State. Orders received by a winery by
telephone, Internet, mail, facsimile, or other off-premises means of
communication shall be shipped pursuant to a wine shipper permit and not
pursuant to this subdivision. The permit may be issued for any of the
following:
a. Restaurants.
b. Hotels.
c. Eating establishments.
d. Private clubs.
e. Convention centers.
f. Cooking schools.
g. Community theatres.
h. Wineries.
i. Wine producers.
j. Retail businesses.
k. Sports and entertainment venues.
l. Bars.
m. The holder of a distillery permit authorized under G.S. 18B-1105.
n. Breweries.
Additionally, an on-premises unfortified wine permit authorizes a permittee
that is a restaurant, eating establishment, hotel, private club, bar, brewery,
winery, or wine producer to sell at retail single-serving unfortified wine drinks
for consumption off the premises, including delivery by the permittee or a
delivery service permittee. Single-serving unfortified wine drinks sold for
consumption off the premises must be sold with food and shall be packaged
in a container with a secure lid or cap and in a manner designed to prevent
consumption without removal of the lid or cap. The container shall be no
greater than 24 fluid ounces. In accordance with G.S. 20-138.7, the
transportation of single-serving unfortified wine drinks in a motor vehicle
shall not be unlawful if the container is an unopened manufacturer's original
container or is transported in a locked container, in the trunk, or in the area
behind the last upright seat in a motor vehicle not equipped with a trunk.
Notwithstanding G.S. 18B-1010, the sale of more than two single-serving
unfortified wine drinks at one time shall not be unlawful if the single-serving
unfortified wine drinks are sold for delivery or consumption off the permittee's
premises. No single-serving unfortified wine by the drink ordered for
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off-premises consumption shall be provided to any person other than the
purchaser of the single-serving unfortified wine drink, except that in the case
of delivery, the delivery service permittee through its employees or agents
may provide the single-serving unfortified wine drink to a person other than
the purchaser if the permittee or the permittee's employees or agents verify
that the person is over 21 years of age using age verification software requiring
the recipient to provide a form of photographic identification authorized in
G.S. 18B-302(d)(1).
(16) Wine Shop Permit. – A wine shop permit authorizes (i) the retail sale of malt
beverages, unfortified wine, and fortified wine in the manufacturer's original
container for consumption off the premises, (ii) the retail sale of malt
beverages or unfortified wine dispensed from a tap connected to a pressurized
container utilizing carbon dioxide or similar gas in a cleaned and sanitized
container that is filled or refilled and sealed for consumption off the premises
and that identifies the permittee and the date the container was filled or
refilled, and (iii) wine tastings on the premises conducted and supervised by
the permittee in accordance with subdivision (15) of this section. section, and
(iv) wine tastings conducted at a consumer's private residence or a location
not holding a permit under this section where consumers are educated about
selection, serving, and storing of wine by the permittee or the permittee's
employee or agent utilizing wine from the permit holder's inventory and
consumers may purchase wine for future delivery or pick-up at the permittee's
permitted premises. It also authorizes the holder of the permit to ship malt
beverages, unfortified wine, and fortified wine in closed containers to
individual purchasers inside and outside the State. The permit may be issued
for retail businesses whose primary purpose is selling malt beverages and wine
for consumption off the premises and regularly and customarily educating
consumers through tastings, classes, and seminars about the selection, serving,
and storing of wine. The holder of the permit is authorized to sell unfortified
wine for consumption on the premises, provided that, except as otherwise
provided in this subdivision, the sale of wine for consumption on the premises
does not exceed forty percent (40%) of the establishment's total sales for any
30-day period. The holder of a wine-tasting permit not engaged in the
preparation or sale of food on the premises is not subject to Part 6 of Article 8
of Chapter 130A of the General Statutes. A holder of a wine shop permit shall
also be eligible to hold a malt beverage shop permit under
G.S. 18B-1001(16a). If the holder of a wine shop permit also holds a malt
beverage shop permit, then the sales of alcoholic beverages for consumption
on the premises may not exceed forty percent (40%) of the establishment's
total sales for any 30-day period.
…."
ON-PREMISES SALES AT WINERIES AND BREWERIES
SECTION 27.(a) G.S. 18B-1001, as amended by Section 26 of this act, reads as
rewritten:
"§ 18B-1001. Kinds of ABC permits; places eligible.
When the issuance of the permit is lawful in the jurisdiction in which the premises are located,
the Commission may issue the following kinds of permits:
(1) On-Premises Malt Beverage Permit. – An on-premises malt beverage permit
authorizes (i) the retail sale of malt beverages for consumption on the
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premises, either alone or mixed with other beverages, (ii) the retail sale of malt
beverages in the manufacturer's original container for consumption off the
premises, and (iii) the retail sale of malt beverages in a cleaned and sanitized
container that is filled or refilled and sealed for consumption off the premises
and that identifies the permittee and the date the container was filled or
refilled. The permit also authorizes the permittee to transfer malt beverages,
not more than four times per calendar year, to another on-premises malt
beverage permittee that is under common ownership or control as the
transferor. Except as authorized by this subdivision, transfers of malt
beverages by on-premises malt beverage permittees, purchases of malt
beverages by a retail permittee from another retail permittee for the purpose
of resale, and sales of malt beverages by a retail permittee to another retail
permittee for the purpose of resale are unlawful. In addition, a particular brand
of malt beverages may be transferred only if both the transferor and transferee
are located within the territory designated between the brewery and the
wholesaler on file with the Commission. Prior to or contemporaneous with
any such transfer, the transferor shall notify each wholesaler who distributes
the transferred product of the transfer. The notice shall be in writing or
verifiable electronic format and shall identify the transferor and transferee, the
date of the transfer, quantity, and items transferred. 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.
i. Breweries as authorized by subdivisions (7)(7), (7b), and (8) of
G.S. 18B-1104(a).
j. Sports and entertainment venues.
k. Bars.
l. The holder of a distillery permit authorized under G.S. 18B-1105.
m. Wineries as authorized by G.S. 18B-1101(5a) and G.S. 18B-1102(5a).
(3) On-Premises Unfortified Wine Permit. – An on-premises unfortified wine
permit authorizes (i) the retail sale of unfortified wine for consumption on the
premises, either alone or mixed with other beverages, (ii) the retail sale of
unfortified wine in the manufacturer's original container for consumption off
the premises, (iii) the retail sale of unfortified wine dispensed from a tap
connected to a pressurized container utilizing carbon dioxide or similar gas
into a cleaned and sanitized container that is filled or refilled and sealed for
consumption off the premises and that identifies the permittee and the date the
container was filled or refilled, and (iv) wine tastings conducted at a
consumer's private residence or a location not holding a permit under this
section where consumers are educated about selection, serving, and storing of
wine by the permittee or the permittee's employee or agent utilizing wine from
the permit holder's inventory and consumers may purchase wine for future
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General Assembly Of North Carolina Session 2025
delivery or pick-up at the permittee's permitted premises. The permit also
authorizes the permittee to transfer unfortified wine, not more than four times
per calendar year, to another on-premises unfortified wine permittee that is
under common ownership or control as the transferor. Except as authorized
by this subdivision, transfers of wine by on-premises unfortified wine
permittees, purchases of wine by a retail permittee from another retail
permittee for the purpose of resale, and sale of wine by a retail permittee to
another retail permittee for the purpose of resale are unlawful. In addition, a
particular brand of wine may be transferred only if both the transferor and
transferee are located within the territory designated between the winery and
the wholesaler on file with the Commission. Prior to or contemporaneous with
any such transfer, the transferor shall notify each wholesaler who distributes
the transferred product of the transfer. The notice shall be in writing or
verifiable electronic format and shall identify the transferor and transferee, the
date of the transfer, quantity, and items transferred. The holder of the permit
is authorized to ship unfortified wine in closed containers to individual
purchasers inside and outside the State. Orders received by a winery by
telephone, Internet, mail, facsimile, or other off-premises means of
communication shall be shipped pursuant to a wine shipper permit and not
pursuant to this subdivision. The permit may be issued for any of the
following:
a. Restaurants.
b. Hotels.
c. Eating establishments.
d. Private clubs.
e. Convention centers.
f. Cooking schools.
g. Community theatres.
h. Wineries.
i. Wine producers.
j. Retail businesses.
k. Sports and entertainment venues.
l. Bars.
m. The holder of a distillery permit authorized under G.S. 18B-1105.
n. Breweries.Breweries as authorized by subdivisions (7) and (7c) of
G.S. 18B-1104(a).
Additionally, an on-premises unfortified wine permit authorizes a permittee
that is a restaurant, eating establishment, hotel, private club, bar, brewery,
winery, or wine producer to sell at retail single-serving unfortified wine drinks
for consumption off the premises, including delivery by the permittee or a
delivery service permittee. Single-serving unfortified wine drinks sold for
consumption off the premises must be sold with food and shall be packaged
in a container with a secure lid or cap and in a manner designed to prevent
consumption without removal of the lid or cap. The container shall be no
greater than 24 fluid ounces. In accordance with G.S. 20-138.7, the
transportation of single-serving unfortified wine drinks in a motor vehicle
shall not be unlawful if the container is an unopened manufacturer's original
container or is transported in a locked container, in the trunk, or in the area
behind the last upright seat in a motor vehicle not equipped with a trunk.
Notwithstanding G.S. 18B-1010, the sale of more than two single-serving
unfortified wine drinks at one time shall not be unlawful if the single-serving
Page 24 House Bill 198-Fifth Edition
General Assembly Of North Carolina Session 2025
unfortified wine drinks are sold for delivery or consumption off the permittee's
premises. No single-serving unfortified wine by the drink ordered for
off-premises consumption shall be provided to any person other than the
purchaser of the single-serving unfortified wine drink, except that in the case
of delivery, the delivery service permittee through its employees or agents
may provide the single-serving unfortified wine drink to a person other than
the purchaser if the permittee or the permittee's employees or agents verify
that the person is over 21 years of age using age verification software requiring
the recipient to provide a form of photographic identification authorized in
G.S. 18B-302(d)(1).
…."
SECTION 27.(b) G.S. 18B-1101 reads as rewritten:
"§ 18B-1101. Authorization of unfortified winery permit.
The holder of an unfortified winery permit may:
(5) Regardless of the results of any local wine election, sell the wine owned by
the winery at the winery for on- or off-premise consumption upon obtaining
the appropriate permit under G.S. 18B-1001;
(5a) Regardless of the results of any local malt beverage election, sell malt
beverages for on-premise consumption upon obtaining the appropriate permit
under G.S. 18B-1001;
…."
SECTION 27.(c) G.S. 18B-1102 reads as rewritten:
"§ 18B-1102. Authorization of fortified winery permit.
The holder of a fortified winery permit may:
(5) Regardless of the results of any local wine election, sell the winery's wine for
on-or on- or off-premise consumption upon obtaining the appropriate permit
under G.S. 18B-1001.
(5a) Regardless of the results of any local malt beverage election, sell malt
beverages for on-premise consumption upon obtaining the appropriate permit
under G.S. 18B-1001.
…."
SECTION 27.(d) G.S. 18B-1104 reads as rewritten:
"§ 18B-1104. Authorization of brewery permit.
(a) Authorized Acts. – The holder of a brewery permit may:
(7) In an area where the sale of any type of alcoholic beverage is authorized by
law, and upon receiving the appropriate permit under G.S. 18B-1001, sell at
the brewery, and any additional retail location authorized under subdivision
(8) of this subsection, any or all of the following:
a. The brewery's malt beverages that have been approved by the
Commission for sale in North Carolina.
b. Malt beverages manufactured by the permittee in some other state that
have been approved by the Commission for sale in North Carolina.
c. Any other alcoholic beverages approved by the Commission for sale
in North Carolina, if sale of the alcoholic beverage is otherwise
authorized in that area.
(7a) Repealed by Session Laws 2019-182, s. 21(a), effective October 1, 2019.
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(7b) Regardless of the results of any local malt beverage election, sell the malt
beverages owned by the brewery at the brewery for on- or off-premise
consumption upon obtaining the appropriate permit under G.S. 18B-1001.
(7c) Regardless of the results of any local unfortified wine election, sell unfortified
wine for on-premise consumption upon obtaining the appropriate permit
under G.S. 18B-1001.
…."
ALLOW ABC PERMITTEES TO PURCHASE SPIRITUOUS LIQUOR FROM
DESIGNATED ABC STORES IN ADJACENT COUNTIES
SECTION 28.(a) G.S. 18B-404 reads as rewritten:
"§ 18B-404. Additional provisions for purchase and transportation by mixed beverage
permittees.
(c) Designated Store. – A mixed beverage permittee may purchase spirituous liquor from
an any ABC store that is designated as a mixed beverage ABC store operated by any local board
operating in the same county as the permittee.permittee or any adjacent county.
(c1) Non-Solicitation. – A local board shall not solicit any mixed beverage permittee to
purchase spirituous liquor except for permittees located within the board's jurisdiction.
(f) Delivery Service. – A local board shall offer make available delivery service to mixed
beverage permittees. permittees operating in the same jurisdiction as the local board. A local
board may provide delivery service to mixed beverage permittees operating in the same county
in which the local board is located or any adjacent county. In providing delivery of purchased
products to mixed beverage permittees, the local board may use its employees or contract with
one or more independent contractors and may charge a fee to the permittee. A local board in a
Tier 1 or Tier 2 county, as defined in G.S. 143B-472.35(a2)(18), may request an exemption to
this requirement from the ABC Commission. The Commission shall grant the request if the local
board can show evidence of unreasonable hardship or difficulty incurred by implementing
delivery service."
SECTION 28.(b) G.S. 18B-600 reads as rewritten:
"§ 18B-600. Places eligible to hold alcoholic beverage elections.
(e) City Mixed Beverage Elections. – A city may hold a mixed beverage election if the
city has at least 500 registered voters. Provided, that if a city that qualifies for an election under
this subsection approves the sale of mixed beverages, a mixed beverages permittee in the city
may purchase liquor from an ABC store that is designated as a mixed beverage ABC store
operated by any local board operating in the same county as the permittee.permittee or any
adjacent county.
(e1) Small City Mixed Beverage Elections. – A city may also hold a mixed beverage
election if the city has at least 200 registered voters and is located in a county with at least one
other city that has approved the sale of mixed beverages. Provided, that if a city that qualifies for
an election under this subsection approves the sale of mixed beverages, a mixed beverages
permittee in the smaller city may purchase liquor from an ABC store that is designated as a mixed
beverage ABC store operated by any local board operating in the same county as the
permittee.permittee or any adjacent county.
(e4) Multicounty/City ABC Elections. – If a city is located in two or more counties, the
following provisions shall apply:
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General Assembly Of North Carolina Session 2025
(3) If an election is held by a city under this subsection, all of the city voters may
vote in the election. If the vote is for approval, alcoholic beverages may be
sold on the basis of that approval and under the provisions of this Chapter. If
the sale of mixed beverages is approved, a mixed beverage permittee may
purchase liquor from an ABC store that is designated as a mixed beverage
ABC store operated by any local board operating in the same county as the
permittee. permittee or any adjacent county. The remaining gross receipts
shall be distributed in accordance with existing law applicable to those ABC
stores, except that after the applicable distributions have been made pursuant
to G.S. 18B-805(b), (c), and (d), the local share of the mixed beverages
surcharge and the guest room cabinet surcharge required by
G.S. 18B-804(b)(8) and (9) shall be distributed one-half to the general fund of
the city where the mixed beverage permittees are located and one-half to the
local ABC boards from whose stores liquor is purchased.
(e5) Small Resort Town ABC Elections. – A town may hold a mixed beverage election if
it:
(1) Was incorporated after 1990 and prior to the effective date of this subsection;
(2) Has at least 100 residents;
(3) Is located in a county that borders another state and that has two other
municipalities which have ABC stores; and
(4) At the time of the election, has corporate boundaries that border or include
land in three counties.
Provided, that if a town that qualifies for an election under this subsection approves the sale
of mixed beverages, a mixed beverages permittee in the town may purchase liquor from an ABC
store that is designated as a mixed beverage ABC store operated by any local board operating in
the same county as the permittee.permittee or any adjacent county.
…."
SECTION 28.(c) G.S. 18B-603(h) reads as rewritten:
"(h) Permits Based on Existing Permits. – In any county which borders on the Atlantic
Ocean and where (i) the sale of malt beverage on and off premises, the sale of unfortified wine
on and off premises, the sale of mixed beverages, and the operation of an ABC system has been
allowed in at least six cities in the county, or in any county adjacent to that county in which an
ABC system has been allowed, or (ii) the sale of malt beverage on and off premises, the sale of
unfortified wine on and off premises, the sale of mixed beverages, and the operation of an ABC
system has been allowed in at least eight cities in the county, the Commission may issue permits
to sports clubs as defined in G.S. 18B-1000(8) throughout the county.
The Commission may issue the following permits:
(1) On and Off Premises Malt Beverage;
(2) On and Off Premises Unfortified Wine;
(3) On and Off Premises Fortified Wine; or
(4) Mixed Beverages.
The Commission may also issue on-premises malt beverage, unfortified wine, fortified wine
and mixed beverages permits to a sports club located in a county adjacent to any county that has
approved the sale of mixed beverages pursuant to G.S. 18B-603(d1), if the county in which the
sports club is located borders another state and has at least one city that has approved the sale of
mixed beverages. Sports clubs holding mixed beverages permits shall purchase their spirituous
liquor at the nearest any ABC system store that is located in the county.county or an adjacent
county.
The Commission may further issue on-premises malt beverage and on-premises unfortified
wine permits to a sports club located in a county bordering on another state that is adjacent to
any county in which permits were issued pursuant to this subsection prior to August 1, 1993. The
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sports clubs must be located in the unincorporated areas of a county, in which the sale of malt
beverages and unfortified wine is not permitted, and where there are six or more municipalities
in that county where the sale of malt beverages and unfortified wine is permitted."
SECTION 28.(d) 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. In providing delivery of spirituous liquor to a
mixed beverages permittee, as required by in accordance with
G.S. 18B-404(f), the local board may use its employees or contract with one
or more independent contractors 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.
…."
SECTION 28.(e) G.S. 18B-1001(12a), as amended by Section 7 of this act, reads as
rewritten:
"(12a) Mobile Bar Services Permit. –
a. A mobile bar services permit may be issued to a business that provides
bartending services for events. The permit authorizes the permittee to
bring malt beverages, unfortified wine, fortified wine, and spirituous
liquor onto the premises of a business that is not an ABC permittee
and to serve the alcoholic beverages to guests at the event. Except as
provided in sub-subdivision b. of this subdivision, the permittee may
purchase malt beverages and unfortified wine only from a retailer. The
permittee may purchase fortified wine and spirituous liquor only from
an ABC store that is designated as a mixed beverage ABC store
operated by any local board operating in the same county where the
permittee's principal office is located. located or in any county
adjacent to the county where the permittee's principal office is located.
If the permittee's premises for storage of inventory is a residential
address, the permittee may designate an area of the premises to be used
for storage of inventory pursuant to the permit. An inspection of the
premises pursuant to G.S. 18B-502 shall extend only to the area that
the permittee has designated for storage of inventory unless the law
enforcement officer conducting the inspection has (i) a warrant to
search the residence, or (ii) probable cause to search the residence and
exigent circumstances exist.
b. The holder of a permit issued pursuant to G.S. 18B-1001(1), (3), (5),
(16), or (16a) may also hold a mobile bar services permit at the same
permitted premises. Notwithstanding sub-subdivision a. of this
subdivision, a permittee who holds both a mobile bar services permit
and a permit issued pursuant to G.S. 18B-1001(1), (3), (5), (16), or
(16a) may not obtain or serve alcoholic beverages that the permittee is
not allowed to sell under the permit or permits that the permittee holds
that are issued pursuant to G.S. 18B-1001(1), (3), (5), (16), or (16a).
The permittee shall only use as inventory for the mobile bar services
permit the permittee's inventory of alcoholic beverages lawfully
purchased from a wholesaler pursuant to the permit or permits that the
permittee holds under G.S. 18B-1001(1), (3), (5), (16), or (16a). The
mobile bar services permit shall authorize such a permittee to bring
those alcoholic beverages onto the premises of a business that is not
Page 28 House Bill 198-Fifth Edition
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an ABC permittee and serve the alcoholic beverages to guests at the
event. Alcoholic beverages that are taken from the permittee's
inventory to an event at another premises under a mobile bar services
permit may be restored to inventory after the event if the alcoholic
beverages are still in the manufacturer's original unopened container.
c. A mobile bar services permittee may not serve alcoholic beverages
pursuant to a mobile bar services permit on the premises of any
location owned or possessed by the permittee. The permittee shall
notify the Commission, in writing, of the location of any event where
the permittee will serve alcoholic beverages not less than one week
before the event and shall have the permission of the owner or
possessor of the property on which the event is to be held. Any person
serving alcoholic beverages at the event shall be at least 21 years of
age. Alcoholic beverages may be transported by the mobile bar
services permit holder to the premises of the event no earlier than 8:00
A.M. on the day of the event. At the conclusion of the event, all
alcoholic beverages must be removed from the premises no later than
12:00 noon of the following day. A limited special occasion permit
shall not be required for an event at which alcoholic beverages are
exclusively provided by the holder of a mobile bar services permit.
The holder of a mobile bar services permit may bring alcoholic
beverages onto the premises and serve the alcoholic beverages at an
event regardless of whether there is a charge or fee for guests to attend
the event. This permit does not allow the retail sale of individual
alcoholic beverages to guests at an event."
SECTION 28.(f) G.S. 18B-1007(a) reads as rewritten:
"(a) Purchases. – A mixed beverages permittee may purchase spirituous liquor for resale
as mixed beverages and a guest room cabinet permittee may purchase spirituous liquor for resale
from a guest room cabinet only at an ABC store that is designated as a mixed beverage ABC
store operated by any local board operating in the same county as the permittee.permittee or any
adjacent county."
SECTION 28.(g) This section is effective when it becomes law and applies to
spirituous liquor purchased on or after that date.
ALLOW IN-STAND SALES AT CONCERTS
SECTION 29. G.S. 18B-1009 reads as rewritten:
"§ 18B-1009. In-stand sales.
(a) Nothing in this Chapter shall be construed to prohibit a retail permittee from selling
for consumption, malt beverages in the seating areas of stadiums, ballparks, theaters,
amphitheaters, and other similar public places with a seating capacity of 3,000 or more during
concerts or professional sporting events, provided that:
(1) The seating areas are designated as part of the retail permittee's licensed
premises;
(2) The retail permittee has notified the Commission, in writing, of its intent to
sell malt beverages in the seating areas at concerts or sporting events;
(3) Service of food and nonalcoholic beverages is available in the seating areas;
(4) The retail permittee has certified to the Commission that it has trained its
employees:
a. To identify underage persons and intoxicated persons; and
b. To refuse to sell malt beverages to those persons as required by
G.S. 18B-305; and
House Bill 198-Fifth Edition Page 29
General Assembly Of North Carolina Session 2025
(5) The employees do not verbally shout or hawk the sale of malt beverages.
(b) The North Carolina Alcoholic Beverage Control Commission shall adopt rules for the
suspension of alcohol sales in the latter portion of concerts or professional sporting events in
order to protect public safety at these events."
CREATE AUCTION HOUSE PERMIT
SECTION 30.(a) G.S. 18B-101 reads as rewritten:
"§ 18B-101. Definitions.
As used in this Chapter, unless the context requires otherwise:
(5a) "Antique spirituous liquor" means spirituous liquor that has not been in
production or bottled in the last 20 years, 10 years or has not been in inventory
in the State warehouse in the last 10 years, is in the original manufacturer's
unopened container, is not owned by a distillery, and is not otherwise available
for purchase by an ABC Board except through the special order process
pursuant to G.S. 18B-1001(20).
(6a) "Decorative decanter" means a manufacturer's original sealed decanter of
spirituous liquor, limited in quantities as a specialized limited run, a limited
edition, or with historical significance with the manufacturer's distillery
markings and labeling.
(6a)(6b) "Finance officer" means the local board employee, other than a general
manager, who is responsible for keeping the accounts of the local board,
receiving and depositing receipts, disbursing funds, and any other duties
assigned by the local board or Commission.
…."
SECTION 30.(b) G.S. 18B-902(d) reads as rewritten:
"(d) Fees. – An application for an ABC permit shall be accompanied by payment of the
following application fee:
(45) Special auction permit - $750.00.
(59) Auction house permit – $1,000."
SECTION 30.(c) G.S. 18B-1002.1 is repealed.
SECTION 30.(d) Article 10 of Chapter 18B of the General Statutes is amended by
adding a new section to read:
"§ 18B-1002.3. Auction house permit.
An auction house permit may be issued upon application to an auction firm or auctioneer
licensed by the North Carolina Auctioneers Commission pursuant to Chapter 85B of the General
Statutes to allow the licensed auction firm or auctioneer to sell at auction items described in
G.S. 18B-1002(a)(4) on the permittee's premises. An auction held under this section may receive
competing bids that are in person or by telephone, fax, or online. The permittee shall store any
auction items described in G.S. 18B-1002(a)(4) on the permittee's premises or at a secondary
location in this State that is disclosed in the permit application."
SECTION 30.(e) G.S. 18B-603(f), as amended by Section 17(d) of this act, reads as
rewritten:
"(f) Permits Not Dependent on Elections. – The Commission may issue the following
kinds of permits without approval at an election:
(1) Special occasion permits.
(2) Limited special occasion permits.
Page 30 House Bill 198-Fifth Edition
General Assembly Of North Carolina Session 2025
(3) Brown-bagging permits for private clubs and congressionally chartered
veterans organizations.
(4) Culinary permits, except as restricted by subdivision (d)(5).
(5) Special one-time permits issued under G.S. 18B-1002.
(6) All permits listed in G.S. 18B-1100.
(7) The permits authorized by G.S. 18B-1001(1), (3), (5), and (10) for tourism
ABC establishments.
(8) The permits authorized by G.S. 18B-1001(1), (3), (5), and (10) for tourism
resorts.
(9) The permits authorized by G.S. 18B-1001(1), (3), (5), and (10) for historic
ABC establishments.
(10) Special auction permits issued under G.S. 18B-1002.1.
(11) Special multiple event permits issued under G.S. 18B-1002.2.
(12) Auction house permits issued under G.S. 18B-1002.3."
PART IV. STATE GOVERNMENT AND LOCAL BOARD ORGANIZATIONAL
CHANGES
TOWN OF ANGIER ABC BOARD DISTRIBUTIONS
SECTION 31.(a) Section 6 of Chapter 626, Session Laws of 1969, as amended by
Chapter 144, Session Laws of 1971, reads as rewritten:
"Sec. 6. The net profits, as determined by quarterly audit, shall be distributed and used as
follows:
1. Ten per cent (10%) of the net profit shall be paid to the Angier Community
Library.allocated to recreation programs within the town limits of the Town of Angier.
2. Ten per cent (10%) of the net profit may be used by the town Alcoholic Control
Board, in its discretion, for educational programs as to the effect of the use of alcoholic beverages
and for the rehabilitation of alcoholics. Whenever a person becomes an inebriate from the use of
alcoholic beverages and has been committed by the Clerk of Court of Harnett County, as provided
in G.S. 35-2, and such person is indigent so that expenses of his care and cure shall constitute a
valid charge against the county, as provided in G.S. 35-2, the town Alcoholic Control Board shall
pay to the county such charges; provided, that the town Alcoholic Control Board shall not be
required to pay any such charges except where it has agreed with the Clerk of Superior Court to
pay such charges prior to the person's commitment. The town Alcoholic Control Board is
authorized to participate in and to make contributions to public and private organizations which
have rehabilitation programs for alcoholics, when the organization and its programs have been
approved by the board. Nothing herein shall be construed as limiting the Alcoholic Control
Board's discretion in establishing its educational and rehabilitation program and expenditures
therefor within the ten per cent (10%) net profits herein allocated.
3. The remainder of the net profits shall be allocated to the general fund of the town of
Angier. The governing body of the town is hereby authorized to appropriate such funds for any
proper governmental purpose. Out of the funds allocated to it, the governing body of the town is
authorized, at its discretion, to expend up to twenty-five per cent (25%) of such funds for
recreational programs in the town."
SECTION 31.(b) Any undistributed funds accrued by the town Alcoholic Control
Board prior to the effective date of this act for distribution to the Angier Community Library
shall be distributed for the purpose of recreation programs within the town limits of the Town of
Angier.
ADD TWO MEMBERS TO THE ABC COMMISSION
SECTION 32.(a) G.S. 18B-200 reads as rewritten:
House Bill 198-Fifth Edition Page 31
General Assembly Of North Carolina Session 2025
"§ 18B-200. North Carolina Alcoholic Beverage Control Commission.
(a) Creation of Commission; compensation. – The North Carolina Alcoholic Beverage
Control Commission is created to consist of a chairman and two four associate members. The
Commission shall be administratively located within the Department of Public Safety but shall
exercise its powers independently of the Secretary of Public Safety. The chairman shall devote
his or her full time to his or her official duties and receive a salary fixed by the General Assembly
in the Current Operations Appropriations Act. The associate members shall be compensated for
per diem, subsistence and travel as provided in Chapter 138 of the General Statutes.
(b) Appointment of Members. – Members The chairman of the Commission and two
associate members shall be appointed by the Governor to serve at his pleasure.the pleasure of the
Governor. One associate member shall be appointed by the President Pro Tempore of the Senate
to serve at the pleasure of the President Pro Tempore and one associate member shall be
appointed by the Speaker of the House of Representatives to serve at the pleasure of the Speaker.
(c) Vacancy. – The Governor appointing authority shall fill any vacancy on the
Commission by appointing a successor to serve at the Governor's pleasure. the pleasure of the
appointing authority. If the chairman's seat becomes vacant, the Governor may designate either
the new member or an existing member of the Commission as the chairman.
(d) Employees. – The Commission may authorize the chairman to employ, discharge, and
otherwise supervise subordinate personnel of the Commission. The Commission shall appoint at
least one employee to make investigations, hold hearings requested under G.S. 18B-1205, and
represent the Commission in contested case hearings or perform any other duties authorized by
Chapter 150B."
SECTION 32.(b) This section becomes effective December 1, 2026.
ALLOW ABC COMMISSION TO CONDUCT CONTESTED CASES UNDER ARTICLE
3A OF THE ADMINISTRATIVE PROCEDURE ACT
SECTION 33.(a) G.S. 150B-38(a) reads as rewritten:
"(a) The provisions of this Article shall apply to:
(1) Occupational licensing agencies.
(2) The State Banking Commission, the Commissioner of Banks, and the Credit
Union Division of the Department of Commerce.
(3) The Department of Insurance and the Commissioner of Insurance.
(4) The State Chief Information Officer in the administration of the provisions of
Article 15 of Chapter 143B of the General Statutes.
(5) The North Carolina State Building Code Council and Residential Code
Council, Article 9 of Chapter 143 of the General Statutes.
(5a) The Office of the State Fire Marshal and the State Fire Marshal.
(6) Repealed by Session Laws 2018-146, s. 4.4(b), effective December 27, 2018.
(7) The North Carolina Alcoholic Beverage Control Commission."
SECTION 33.(b) This section becomes effective October 1, 2026, and applies to
contested cases filed on or after that date.
PROHIBIT PRESENT MEMBERS OF CITY GOVERNING BODIES AND BOARDS OF
COUNTY COMMISSIONERS FROM BEING APPOINTED TO SERVE ON LOCAL
ABC BOARDS
SECTION 34.(a) G.S. 18B-700(d) reads as rewritten:
"(d) Qualifications. – The appointing authority shall appoint members of a local board on
the basis of the appointees' interest in public affairs, good judgment, knowledge, ability, and good
moral character. Notwithstanding any other provision in this Article, no appointing authority
shall appoint any present member of a city governing body or board of county commissioners to
serve as a member on any local board."
Page 32 House Bill 198-Fifth Edition
General Assembly Of North Carolina Session 2025
SECTION 34.(b) This section is effective when it becomes law and applies to
appointments made on or after that date. A person who is a member of a city governing body or
board of county commissioners who is a member of a local board on the effective date of this
section may serve the remainder of the person's term as a member of the local board.
AMEND DISTRIBUTION OF LOCAL BOARD REVENUES FOR THE CITY OF
SANFORD
SECTION 35. S.L. 1961-105, as amended by S.L. 1961-888, reads as rewritten:
"…
"Sec. 4. If a majority of the votes cast in such election shall be for the legal sale of beer and/or
wine, then the Board of Aldermen of the City of Sanford shall issue license to sell beer and/or
wine as defined in General Statutes 18-64 as provided in Chapter 18 Chapter 18B of the General
Statutes notwithstanding any Public, Special, Local or Private Act to the contrary whether passed
before or after the ratification of this Act; provided, however, in no event shall a license be issued
to any person, firm or corporation to sell beer and/or wine for "on premises" consumption
anywhere in the City of Sanford. Notwithstanding any other provisions of this Act, it shall be
unlawful to sell any beer or wine in the City of Sanford when such beer or wine has been
refrigerated to a temperature less than the general temperature of the establishment wherein the
sale is made, and any sale of refrigerated beer or wine shall be unlawful. Notwithstanding any
other provisions of this Act, it shall be unlawful to sell beer in individual containers containing
less than one gallon, except when six containers are sold at the same time to the same person:
Provided, that more than six containers may be sold to the same person at the same time when
the number of containers is some multiple of six.
A violation of either of the foregoing shall constitute a general misdemeanor punishable in
the discretion of the court and a conviction or plea of nolo contendere to said charge shall operate
to permanently revoke the license of the violator.
"Sec. 8. The City Board of Alcoholic Beverage Control shall have all the powers and duties
prescribed for County Boards of Alcoholic Control by G. S. 18-45 and shall be subject to the
powers and authority of the State Board of Alcoholic Control to the same extent as are County
Boards of Alcoholic Control set forth in G. S. 18-39. local boards set forth in G.S. 18B-701. The
City of Sanford Board of Alcoholic Control and the operation of Municipal Alcoholic Beverage
Control Stores authorized under the provisions of this Act shall be subject to the provisions of
Article 3 of Chapter 18 Articles 7 and 8 of Chapter 18B of the General Statutes except to the
extent that such provisions may be in conflict with this Act. Wherever the word "County" Board
of Alcoholic Control appears in said Article it shall apply to and include the City of Sanford
Board of Alcoholic Control. The City of Sanford Board of Alcoholic Control shall have authority
to employ legal counsel and such other employees as it may deem necessary and fix their
compensation. The per diem and subsistence allowance for the City of Sanford Board of
Alcoholic Control shall be fixed by the Board of Aldermen of the City of Sanford.
The City of Sanford Board of Alcoholic Beverage Control may appoint one of its members,
or any other person, as Supervisor of the system and pay such appointee an annual salary not to
exceed six thousand dollars ($6,000.00), which shall, in the case of a board member, be in lieu
of all other compensation for services rendered; provided, no person shall serve as Supervisor
and Chairman. Designation or appointment by the board of one of its members as Supervisor
shall not remove said member from the board, but if such appointment shall vacate the office of
Chairman, the Board of Aldermen of the City of Sanford shall designate another board member
to serve as Chairman.
The designation of particular persons for particular terms by the Board of Aldermen of the
City of Sanford heretofore made is ratified and confirmed.
House Bill 198-Fifth Edition Page 33
General Assembly Of North Carolina Session 2025
"Sec. 9. Out of the gross profits derived from the operation of said Alcoholic Beverage
Control Stores and after the payment of all costs and operating expenses, and after obtaining
sufficient and proper working capital, the amount thereof to be determined by the City of Sanford
Board of Alcoholic Beverage Control, said Board shall expend an amount for law enforcement
purposes of not less than five per cent (5%) nor more than ten per cent (10%) thereof to be
determined by quarterly audits, which amount shall supplement and not supplant the amount
usually budgeted for such purposes by the City of Sanford.
Before making any other distribution, the City of Sanford Board of Alcoholic Control shall
pay, from its gross proceeds, all costs and expenses incurred for education and law enforcement
purposes required by G.S. 18B-805(b) and (c).
The Board may contract with any law enforcement agency located within the jurisdiction of
Lee County for the provision of law enforcement services related to the enforcement of the
alcoholic beverage laws of this State within the Board's jurisdiction. Any contract entered into
pursuant to this section shall be approved by the Board and shall set forth the scope of services,
compensation, and terms of engagement.
In the expenditure of said funds, the City Board of Alcoholic Control shall The Board may
also employ one or more persons as law enforcement officer or officers to be appointed by and
directly responsible to the said Board. The person or persons so appointed shall, after taking the
oath prescribed by law for peace officers, have the same powers and authorities within Lee
County as other peace officers. Any such person or persons so appointed, or any other peace
officer while in hot pursuit of anyone found to be violating the prohibition alcohol laws of this
State, shall have the right to go into any other county of the State and arrest such defendant
therein so long as such hot pursuit of such person shall continue, and the common law of hot
pursuit shall be applicable to said offenses and such officer or officers. Any law enforcement
officer appointed by the said Board of Alcoholic Control and any other peace officer is hereby
authorized, upon request of the sheriff or other lawful officer in any other county, to go into such
other county and assist in suppressing a violation of the prohibition alcohol laws therein, and
while so acting shall have such powers as a peace officer as are granted to him in Lee County
and be entitled to all the protection provided for said officer while acting in his own County.
Out of the net profits derived from the operation of said Alcoholic Beverage Control Stores,
the City of Sanford Board of Alcoholic Beverage Control shall on a quarterly basis pay over
equal amounts to the general fund of the City of Sanford and to the general fund of Lee County.
The Board shall at all times maintain a sustainable operating budget. The Board's
unencumbered operating reserve shall not fall below fifteen percent (15%) of the Board's total
annual operating budget. In any quarter in which a distribution of this section would cause the
Board's operating reserve to fall below the minimum required by this section, the Board shall
first retain from net proceeds an amount sufficient to restore the operating reserve to the required
minimum before making any other distributions.
After paying all costs, operating expenses, and education and enforcement expenditures, and
satisfying the operating reserve requirement, the Board shall distribute the remaining net
proceeds on a quarterly basis as follows: (i) thirty percent (30%) to the general fund of Lee
County; (ii) thirty percent (30%) to the general fund of the City of Sanford; and (iii) forty percent
(40%) to be retained by the Board for day-to-day operating expenses, capital needs, and other
lawful purposes of the Board.
Any amounts which may be due the City of Sanford by way of distribution from taxes
collected by the State of North Carolina by reason of the sales of wine or beer sold under the
terms of this Act, instead of being paid entirely to the City of Sanford, shall be distributed as
follows: One-half to the general fund of the City of Sanford and one-half to the general fund of
Lee County.
…."
Page 34 House Bill 198-Fifth Edition
General Assembly Of North Carolina Session 2025
PART V. RAFFLES
REVISE LAW GOVERNING RAFFLES
SECTION 37.(a) G.S. 14-309.15 reads as rewritten:
"§ 14-309.15. Raffles.
(a) It is lawful for any nonprofit organization, candidate, political committee, or any
government entity within the State, to conduct raffles in accordance with this section. Each
regional or county chapter of a nonprofit organization is eligible to conduct raffles in accordance
with this section independently of its parent organization. Any person who conducts a raffle in
violation of any provision of this section is guilty of a Class 2 misdemeanor. Upon conviction
that person shall not conduct a raffle for a period of one year. It is lawful to participate in a raffle
conducted pursuant to this section. It is not a violation of State law to advertise a raffle conducted
in accordance with this section. A raffle conducted pursuant to this section is not "gambling."
For the purpose of this section, "candidate" and "political committee" have the meaning provided
by Article 22A of Chapter 163 of the General Statutes, who have filed organization reports under
that Article, and who are in good standing with the appropriate board of elections. Receipts and
expenditures of a raffle by a candidate or political committee shall be reported in accordance
with Article 22A of Chapter 163 of the General Statutes, and ticket purchases are contributions
within the meaning of that Article.
(b) For purposes of this section "raffle" means a The following definitions apply in this
section:
(1) 50/50 raffle. – A raffle conducted by a nonprofit organization or any
government entity within the State whereby funds collected by sale of raffle
tickets are split evenly between the prize winner or winners and the nonprofit
organization or government entity after the raffle drawing.
(2) Candidate. – As defined in Article 22A of Chapter 163 of the General Statutes.
This term only includes candidates who have filed organization reports under
that Article and who are in good standing with the appropriate board of
elections.
(3) Net proceeds of a raffle. – The receipts less the cost of prizes awarded.
(4) Political committee. – As defined in Article 22A of Chapter 163 of the General
Statutes. This term only includes political committees that have filed
organization reports under that Article and that are in good standing with the
appropriate board of elections.
(5) Raffle. – A game in which the prize is won by random drawing of the name
or number of one or more persons purchasing chances.
(c) A nonprofit organization may hold no more than five raffles per year.
(d) Except as provided in subsection (g) of this section, the maximum cash prize that may
be offered or paid for any one raffle is one hundred twenty-five thousand dollars ($125,000) and
if merchandise is used as a prize, and it is not redeemable for cash, the maximum fair market
value of that prize may be one hundred twenty-five thousand dollars ($125,000). The total cash
prizes offered or paid by any nonprofit organization shall not exceed two hundred fifty thousand
dollars ($250,000) in any calendar year. The total fair market value of all prizes offered by any
nonprofit organization, either in cash or in merchandise that is not redeemable for cash, shall not
exceed two hundred fifty thousand dollars ($250,000) in any calendar year.
(e) Raffles shall not be conducted in conjunction with bingo.
(f) As used in this subsection, "net proceeds of a raffle" means the receipts less the cost
of prizes awarded. No less than ninety percent (90%) of the net proceeds of a raffle shall be used
by the nonprofit organization for charitable, religious, educational, civic, or other nonprofit
purposes. None of the net proceeds of the raffle shall be used to pay any person to conduct the
raffle, or to rent a building where the tickets are received or sold or the drawing is conducted.
House Bill 198-Fifth Edition Page 35
General Assembly Of North Carolina Session 2025
(g) Real property may be offered as a prize in a raffle. Any nonprofit organization
offering real property as a prize in a raffle shall provide the property free from all liens, provide
an owner affidavit and indemnity agreement, and provide a title commitment for the property
and shall make that commitment available for inspection upon request. The total appraised value
of all real estate prizes offered by any nonprofit organization shall not exceed two million two
hundred fifty thousand dollars ($2,250,000) in any calendar year.
(h) Notwithstanding any other subsection of this section, it is lawful for a federally
insured depository institution to conduct a savings promotion raffle under G.S. 53C-6-20,
54-109.64, 54B-140, or 54C-180.
(i) The restrictions set forth in subsections (c) through (g) of this section do not apply to
50/50 raffles conducted by nonprofit organizations or government entities within the State."
SECTION 37.(b) This section becomes effective December 1, 2026, and applies to
offenses committed on or after that date.
PART VI. SEVERABILITY CLAUSE AND EFFECTIVE DATE
SECTION 38.(a) If any provision of this act or the application thereof to any person
or circumstances is held invalid, such invalidity shall not affect other provisions or applications
of this act that can be given effect without the invalid provision or application and, to this end,
the provisions of this act are declared to be severable.
SECTION 38.(b) Except as otherwise provided, this act is effective when it becomes
law.
Page 36 House Bill 198-Fifth Edition

ABC Omnibus of 2026

Sponsors

Rep. Charles Miller (R) sponsors H 198, and 10 members have co-sponsored it.

Committees

H 198 went before 7 committees: Alcoholic Beverage Control, Judiciary I, Rules, Calendar, and Operations of the House, Rules and Operations of the Senate, Judiciary, Commerce and Insurance and Finance.

Alcoholic Beverage Control
Alcoholic Beverage Control
Referred to · Feb 26, 2025 · 1 Bills
Judiciary I
Judiciary I
Referred to · Mar 5, 2025 · 13 Bills
Rules, Calendar, and Operations of the House
Rules, Calendar, and Operations of the House
Referred to · Mar 11, 2025 · 446 Bills
Rules and Operations of the Senate
Rules and Operations of the Senate
Referred to · Mar 20, 2025
Judiciary
Judiciary
Referred to · May 7, 2026 · 5 Bills
Commerce and Insurance
Commerce and Insurance
Referred to · May 18, 2026 · 1 Bills
Finance
Finance
Referred to · May 22, 2026

History

H 198 has taken 44 actions since Feb 25, 2025, the latest on Jun 30, 2026.

ChamberAction
Jun 30, 2026
Senate
Conf Com Appointed
Jun 23, 2026
House
Cal Pursuant 36(b)
Jun 23, 2026
House
Placed On Cal For 06/24/2026
Jun 23, 2026
House
Withdrawn From Cal
Jun 23, 2026
House
Added to Calendar

Votes

H 198 went to 4 roll calls across both chambers, the latest on Jun 23, 2026 at 1091.

ChamberQuestion
Yea
Nay
Jun 23, 2026
House
M11 Not Concur
109
1
Jun 18, 2026
Senate
Amendment 1
42
0
Jun 18, 2026
Senate
Second Reading
36
6
Mar 19, 2025
House
Second Reading
115
0

Source: ncleg.gov · legiscan.com