State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-901

§ 18B‑901.  Issuance ofpermits.

(a)        Who Issues. – AllABC permits shall be issued by the Commission. Purchase‑transportationpermits shall be issued by local boards under G.S. 18B‑403.

(b)        Notice to LocalGovernment. – Before issuing a retail ABC permit, other than a:

(1)        Special occasionpermit under G.S. 18B‑1001(8);

(2)        Limited specialoccasion permit under G.S. 18B‑1001(9);

(3)        Temporary permitunder G.S. 18B‑905; or

(4)        Special one‑timepermit under G.S. 18B‑1002

for an establishment, theCommission shall give notice of the permit application to the governing body ofthe city in which the establishment is located. If the establishment is notinside a city, the Commission shall give notice to the governing body of thecounty. The Commission shall allow the local governing body 15 days from thetime the notice was mailed or delivered to file written objection to theissuance of the permit. To be considered by the Commission, the objection shallstate the facts upon which it is based.

(c)        Factors in IssuingPermit. – Before issuing a permit, the Commission shall be satisfied that theapplicant is a suitable person to hold an ABC permit and that the location is asuitable place to hold the permit for which the applicant has applied. To be asuitable place, the local governing body shall return a Zoning and ComplianceForm to the Commission on a form provided by the Commission to show theestablishment is in compliance with all applicable building and fire codes and,if applicable, has been notified that it is located in an Urban RedevelopmentArea as defined by Article 22 of Chapter 160A of the General Statutes and asrequired by G.S. 18B‑904(e)(2). Other factors the Commission shallconsider in determining whether the applicant and the business location are suitableare all of the following:

(1)        The reputation,character, and criminal record of the applicant.

(2)        The number of placesalready holding ABC permits within the neighborhood.

(3)        Parking facilitiesand traffic conditions in the neighborhood.

(4)        Kinds of businessesalready in the neighborhood.

(5)        Whether theestablishment is located within 50 feet of a church, public school, or anynonpublic school as defined by Part 1 or Part 2 of Article 39 of Chapter 115Cof the General Statutes.

(6)        Zoning laws.

(7)        The recommendationsof the local governing body.

(8)        Any other evidencethat would tend to show whether the applicant would comply with the ABC laws.

(9)        Whether theoperation of the applicant's business at that location would be detrimental tothe neighborhood, including evidence admissible under G.S. 150B‑29(a) ofany of the following:

a.         Past revocations,suspensions, and violations of ABC laws by prior permittees related to orassociated with the applicant, or a business with which the applicant is associated,within the immediate preceding 12‑month period at this location.

b.         Evidence of illegaldrug activity on or about the licensed premises.

c.         Evidence offighting, disorderly conduct, and other dangerous activities on or about thelicensed premises.

(d)        Commission'sAuthority. – The Commission shall have the sole power, in its discretion, todetermine the suitability and qualifications of an applicant for a permit. TheCommission shall also have the authority to determine the suitability of the locationto which the permit may be issued. (1945, c. 903, s. 1; 1947, c. 1098, ss. 2, 3; 1949, c.974, s. 1; 1957, cc. 1048, 1448; 1963, c. 426, ss. 10, 12; c. 460, s. 1; 1971,c. 872, s. 1; 1973, c. 476, s. 128; 1975, c. 586, s. 1; c. 654, ss. 1, 2; c.722, s. 1; 1977, c. 70, s. 19; c. 182, s. 1; c. 669, ss. 1, 2; c. 676, ss. 1,2; c. 911; 1979, c. 348, ss. 2, 3; c. 683, ss. 5, 6, 11, 12; 1981, c. 412, s.2; 1993 (Reg. Sess., 1994), c. 749, ss. 1, 2; 2005‑392, ss. 2, 3.)