State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-101

§ 18B‑101.  Definitions.

As used in this Chapter,unless the context requires otherwise:

(1)        "ABC law"or "ABC laws" means any statute or statutes in this Chapter or inArticle 2C of Chapter 105, and the rules issued by the Commission under theauthority of this Chapter.

(2)        "ABCpermit" or "permits" means any written or printed authorizationissued by the Commission pursuant to the provisions of this Chapter, other thana purchase‑transportation permit. Unless the context clearly requiresotherwise, as in the provisions concerning applications for permits, "ABCpermit" or "permit" means a presently valid permit.

(3)        "ABCsystem" means a local board and all ABC stores operated by it, its law‑enforcementbranch, and all its employees.

(4)        "Alcoholicbeverage" means any beverage containing at least one‑half of onepercent (0.5%) alcohol by volume, including malt beverages, unfortified wine,fortified wine, spirituous liquor, and mixed beverages.

(5)        "ALEDivision" means the Alcohol Law Enforcement Division of the Department ofCrime Control and Public Safety.

(5a)      "Bailmentsurcharge" means the charge imposed on each case of liquor shipped from aCommission warehouse as provided in G.S. 18B‑208. This bailment surchargeis in addition to the bailment charge imposed by G.S. 18B‑804(b)(2).

(6)        "Commission"means the North Carolina Alcoholic Beverage Control Commission establishedunder G.S. 18B‑200.

(7)        "Fortifiedwine" means any wine, of more than sixteen percent (16%) and no more thantwenty‑four percent (24%) alcohol by volume, made by fermentation fromgrapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet,or dextrose sugar; or by the addition of pure brandy from the same type ofgrape, fruit, berry, rice, or honey that is contained in the base wine andproduced in accordance with the regulations of the United States.

(7a)      "Historic ABCestablishment" means a restaurant or hotel that meets all of the followingrequirements:

a.         Is on the nationalregister of historic places or located within a State historic district.

b.         Is a propertydesigned to attract local, State, national, and international tourists locatedon a State Route (SR) and with a property line located within 1.5 miles of theintersection of a designated North Carolina scenic byway as defined in G.S. 136‑18(31).

c.         Is located within 15miles of a national scenic highway.

d.         Is located in acounty in which the on‑premises sale of malt beverages or unfortifiedwine is authorized in two or more cities in the county.

(7b)      "Keg" meansa portable container designed to hold and dispense 7.75 gallons or more of maltbeverage.

(8)        "Localboard" means a city or county ABC board, or local board created pursuantto the provisions of G.S. 18B‑703. A local board is an independent localpolitical subdivision of the State. Nothing in this Chapter shall be construedas constituting a local board the agency of a city or county or of theCommission.

(8a)      "Lotterylaw" or "lottery laws" means any provision of Chapter 18C of theGeneral Statutes and the rules issued by the Lottery Commission under theauthority of Chapter 18C of the General Statutes.

(9)        "Maltbeverage" means beer, lager, malt liquor, ale, porter, and any otherbrewed or fermented beverage except unfortified or fortified wine as defined bythis Chapter, containing at least one‑half of one percent (0.5%), and notmore than fifteen percent (15%), alcohol by volume. Any malt beveragecontaining more than six percent (6%) alcohol by volume shall bear a labelclearly indicating the alcohol content of the malt beverage.

(10)      "Mixedbeverage" means either of the following:

a.         A drink composed inwhole or in part of spirituous liquor and served in a quantity less than thequantity contained in a closed package.

b.         A premixed cocktailserved from a closed package containing only one serving.

(11)      "Nontaxpaidalcoholic beverage" means any alcoholic beverage upon which the taxesimposed by the United States, this State, or any other territorial jurisdictionin which the alcoholic beverage was purchased have not been paid.

(12)      "Person"means an individual, firm, partnership, association, corporation, limitedliability company, other organization or group, or other combination ofindividuals acting as a unit.

(12a)    "Premises"means all areas, whether inside or outside the licensed premises, where thepermittee has control of the property through a lease, deed, or other legalprocess.

(13)      "Sale"means any transfer, trade, exchange, or barter, in any manner or by any means,for consideration.

(13a)    (See note)"Special ABC area" means an area that meets the followingrequirements:

Either:

a.         The area has fewerthan 500 permanent residents, and the area:

1.         Is located in acounty that borders another state, that has at least one city that has approvedthe operation of an ABC store, and in which the sale of unfortified wine andmalt beverages is permitted countywide or in one city; and

2.         Contains more than500 contiguous acres made up of privately‑owned land and land owned by anassociation or a club that is exempt from income tax on its membership incomeunder Article 4 of Chapter 105 of the General Statutes, has more than 200members, was created for municipal and recreational purposes, and, for three ormore years, has levied assessments or dues and provided municipal services; or

b.         The area has morethan 500 permanent residents, and the area:

1.         Is located in acounty:

I.          Where ABC storeshave heretofore been established but in which the sale of mixed beverages hasnot been approved;

II.         That borders on acounty that has approved the sale of alcoholic beverages countywide andcontains an international airport; and

III.       Borders on a countywhere ABC stores have heretofore been established by petition pursuant to law;and

2.         Contains more than500 contiguous acres made up of privately‑owned land and land owned by anassociation or a club that is exempt from income tax on its membership incomeunder Article 4 of Chapter 105 of the General Statutes, has more than 200members, was created for municipal and recreational purposes, and, for three ormore years, has levied assessments or dues and provided municipal services; or

c.         The area is an areaof a county where the following requirements are met:

1.         The county borderson the Atlantic Ocean and has a seaport supporting oceangoing vessels;

2.         ABC stores have beenestablished in the county and the sale of mixed beverages is allowed in six ormore municipalities;

3.         The population ofthe county, according to the 2000 census, exceeds 52,000;

4.         The tourism economy ofthe county is made up of more than 3,000 tourism‑related jobs; and

5.         Tourism expenditureswithin the county exceed two hundred million dollars ($200,000,000) annually.

(14)      "Spirituousliquor" or "liquor" means distilled spirits or ethyl alcohol,including spirits of wine, whiskey, rum, brandy, gin and all other distilledspirits and mixtures of cordials, liqueur, and premixed cocktails, in closedcontainers for beverage use regardless of their dilution.

(14a)    "Tourism ABCestablishment" means a restaurant or hotel that meets both of thefollowing requirements:

a.         Is located onproperty, a property line of which is located within 1.5 miles of the end of anentrance or exit ramp of a junction on a national scenic parkway designed toattract local, State, national, and international tourists between the Stateline and Milepost 460.

b.         Is located in acounty in which the on‑premises or off‑premises sale of maltbeverages or unfortified wine is authorized in at least one city.

(14b)    "Tourismresort" means:

a.         Any restaurant andlodging facility, whether public or private, owned and operated as a resortproperty offering food, beverage, lodging, and meeting facilities to travelersand tourists and featuring one or more golf courses and two or more tenniscourts along with other recreational and sporting activities, or

b.         Any restaurant,whether public or private, owned and operated as a resort property offeringfood and beverage to travelers and tourists and featuring an equestrian centerand two or more tennis courts along with other recreational and sportingactivities.

Receiptsfrom sporting and recreational activities of a tourism resort shall be at leasttwenty‑five percent (25%) of total gross receipts. Receipts from the saleof alcoholic beverages shall not exceed fifty percent (50%) of total grossreceipts. A tourism resort open to the public shall advertise at leastquarterly in a regional or national travel or sports industry publication, orin the State travel guide published by the North Carolina Department ofCommerce.

(15)      "Unfortifiedwine" means any wine of sixteen percent (16%) or less alcohol by volumemade by fermentation from grapes, fruits, berries, rice, or honey; or by theaddition of pure cane, beet, or dextrose sugar; or by the addition of purebrandy from the same type of grape, fruit, berry, rice, or honey that iscontained in the base wine and produced in accordance with the regulations ofthe United States. (1981,c. 412, s. 2; 1981 (Reg. Sess., 1982), c. 1262, s. 2; c. 1285, s. 1; 1983, c.435, s. 41; 1985, c. 69; 1987, c. 443, s. 1; 1989, c. 629, s. 1; 1989 (Reg.Sess., 1990), c. 1024, s. 5; 1991 (Reg. Sess., 1992), c. 920, ss. 1, 10; 1993,c. 415, ss. 1, 2; 1995, c. 466, s. 1; 1997‑443, s. 16.27(b); 1999‑461,s. 1; 1999‑462, ss. 1, 13; 2001‑515, s. 1; 2004‑135, s. 1;2004‑203, s. 23; 2005‑276, s. 31.1(x); 2005‑277, s. 1; 2005‑344,s. 10.1(a); 2005‑392, s. 1; 2005‑435, s. 25(a); 2006‑253, s.2; 2006‑264, s. 95.)