State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-1000

Article 10.

Retail Activity.

§ 18B‑1000.  Definitionsconcerning establishments.

The following requirements anddefinitions shall apply to this Chapter:

(1)        Community theatre. –An establishment owned and operated by a bona fide nonprofit organization thatis engaged solely in the business of sponsoring or presenting amateur orprofessional theatrical events to the public. A permit issued for a communitytheatre is valid only during regularly scheduled theatrical events sponsored bysuch nonprofit organization.

(1a)      Convention center. – Anestablishment that meets either of the following requirements:

a.         A publicly owned oroperated establishment that is engaged in the business of sponsoring or hostingconventions and similar large gatherings, including auditoriums, armories,civic centers, convention centers, and coliseums.

b.         A privately ownedfacility located in a city that has a population of at least 200,000 but notmore than 250,000 by the 2000 federal census and is located in a county thathas previously authorized the issuance of mixed beverage permits by referendum.To qualify as a convention center under this subdivision, the facility shallmeet each of the following requirements:

1.         The facility shallbe located within an area that has been designated as an Urban RedevelopmentArea under Article 22 of Chapter 160A of the General Statutes, and shall becertified by the appropriate local official as being consistent with the city'sredevelopment plan for the area in which the facility is located.

2.         The facility shallcontain at least 7,500 square feet of floor space that is available for publicuse and shall be used exclusively for banquets, receptions, meetings, andsimilar gatherings.

3.         The facility'sannual gross receipts from the sale of alcoholic beverages shall be less thanfifty percent (50%) of the gross receipts paid to all providers at permittedfunctions for food, nonalcoholic beverages, alcoholic beverages, service, andfacility usage fees (excluding receipts or charges for entertainment andancillary services not directly related to providing food and beverageservice). The person to whom a permit has been issued for a privately ownedfacility shall be required to maintain copies of all contracts and invoices foritems supplied by providers for a period of three years from the date of theevent.

Apermit issued for a convention center shall be valid only for those parts ofthe building used for conventions, banquets, receptions, and other events, andonly during scheduled activities.

(1b)      Cooking school. – Anestablishment substantially engaged in the business of operating a school inwhich cooking techniques are taught for a fee.

(2)        Eatingestablishment. – An establishment engaged in the business of regularly andcustomarily selling food, primarily to be eaten on the premises. Eatingestablishments shall include businesses that are referred to as restaurants,cafeterias, or cafes, but that do not qualify under subdivision (6). Eatingestablishments shall also include lunchstands, grills, snack bars, fast‑foodbusinesses, and other establishments, such as drugstores, which have a lunchcounter or other section where food is sold to be eaten on the premises.

(3)        Food business. – Anestablishment engaged in the business of regularly and customarily sellingfood, primarily to be eaten off the premises. Food businesses shall includegrocery stores, convenience stores, and other establishments, such as varietystores or drugstores, where food is regularly sold, and shall also includeestablishments engaged primarily in selling unfortified or fortified wine orboth, for consumption off the premises.

(4)        Hotel. – Anestablishment substantially engaged in the business of furnishing lodging. Ahotel shall have a restaurant either on or closely associated with thepremises. The restaurant and hotel need not be owned or operated by the sameperson.

(5)        Private club. – Anestablishment that is organized and operated solely for a social, recreational,patriotic, or fraternal purpose and that is not open to the general public, butis open only to the members of the organization and their bona fide guests.This provision does not, however, prohibit such an establishment from beingopen to the general public for raffles and bingo games as required by G.S. 14‑309.11(a)and G.S. 14‑309.13. Except for bona fide religious organizations, noorganization that discriminates in the selection of its membership on the basisof religion shall be eligible to receive any permit issued under this Chapter.

(5a)      Residential privateclub. – A private club that is located in a privately owned, primarilyresidential and recreational development.

(6)        Restaurant. – Anestablishment substantially engaged in the business of preparing and servingmeals. To qualify as a restaurant, an establishment's gross receipts from foodand nonalcoholic beverages shall be not less than thirty percent (30%) of thetotal gross receipts from food, nonalcoholic beverages, and alcoholicbeverages. A restaurant shall also have a kitchen and an inside dining areawith seating for at least 36 people.

(7)        Retail business. – Anestablishment engaged in any retail business, regardless of whether food issold on the premises.

(8)        Sports club. – Anestablishment that meets either of the following requirements:

a.         The establishment issubstantially engaged in the business of providing equine boarding, training,and coaching services, and the establishment offers on‑site dining,lodging, and meeting facilities and hosts horse trials and other eventssanctioned or endorsed by the United States Equestrian Federation, Inc.; or

b.         The establishment issubstantially engaged in the business of providing an 18‑hole golfcourse, two or more tennis courts, or both.

Thesports club can either be open to the general public or to members and theirguests. To qualify as a sports club, an establishment's gross receipts for clubactivities shall be greater than its gross receipts for alcoholic beverages.This provision does not prohibit a sports club from operating a restaurant.Receipts for food shall be included in with the club activity fee.

(9)        Congressionallychartered veterans organizations. – An establishment that is organized as afederally chartered, nonprofit veterans organization, and is operated solelyfor patriotic or fraternal purposes.

(10)      Wine producer. – Afarming establishment of at least five acres committed to the production ofgrapes, berries, or other fruits for the manufacture of unfortified wine.  (1905, c. 498, ss. 6‑8;Rev., ss. 3526, 3534; C.S., s. 3371; 1937, c. 49, ss. 12, 16, 22; c. 411; 1955,c. 999; 1967, c. 222, ss. 1, 8; c. 1256, s. 3; 1969, c. 1018; 1971, c. 872, s.1; 1973, c. 1226; 1977, c. 176, s. 1; 1981, c. 412, s. 2; 1981 (Reg. Sess.,1982), c. 1262, s. 15; 1983, c. 583, s. 1; c. 896, s. 5; 1987, c. 307, s. 1; c.391, s. 1; 1993, c. 415, ss. 14, 15; 1993 (Reg. Sess., 1994), c. 579, s. 1;1995, c. 466, s. 8; c. 509, s. 15; 2001‑262, s. 7; 2001‑487, s.49(d); 2002‑188, s. 1; 2003‑135, s. 1; 2009‑539, s. 4.)