State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-903

§ 18B‑903.  Duration ofpermit; renewal and transfer.

(a)        Duration. – Onceissued, ABC permits shall be valid for the following periods, unless earliersurrendered, suspended or revoked:

(1)        On‑premisesand off‑premises malt beverage, unfortified wine, and fortified winepermits; culinary permits; and all permits listed in G.S. 18B‑1100 shallremain valid indefinitely;

(2)        Limited specialoccasion permits shall be valid for 48 hours before and after the occasion forwhich the permit was issued;

(3)        Special one‑timepermits issued under G.S. 18B‑1002 shall be valid for the period statedon the permit;

(4)        Temporary permitsissued under G.S. 18B‑905 shall be valid for 90 days; and

(5)        All other ABCpermits shall be valid for one year, from May 1 to April 30.

(b)        Renewal. – Applicationfor renewal of an ABC permit shall be on a form provided by the Commission. Anapplication for renewal shall be accompanied by an application fee of twenty‑fivepercent (25%) of the original application fee set in G.S. 18B‑902, exceptthat the renewal application fee for each wine shop permit shall be fivehundred dollars ($500.00), and the renewal application fee for each mixedbeverages permit and each guest room cabinet permit shall be seven hundredfifty dollars ($750.00). A renewal fee shall not be refundable.

(b1)      Registration. – Eachperson holding a malt beverage, fortified wine, or unfortified wine permitissued 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, inorder to provide information needed by the State in enforcing this Chapter andto support the costs of that enforcement. The registration required by thissubsection shall be accompanied by an annual registration and inspection fee oftwo hundred dollars ($200.00) for each permit held. The fee shall be paid byMay 1 of each year. A registration fee shall not be refundable. Failure to paythe annual registration and inspection fee shall result in revocation of thepermit.

(b2)      Recycling PlanRequired. – Each person holding an on‑premises malt beverage permit, on‑premisesunfortified wine permit, on‑premises fortified wine permit, or a mixedbeverages permit shall submit, along with the annual registration or renewalapplication, either a current plan for the collection and recycling of allrecyclable beverage containers of all beverages sold at retail on the premises,or an application for a waiver pursuant to G.S. 18B‑902(h).

(c)        Change inOwnership. – All permits for an establishment shall automatically expire andshall be surrendered to the Commission if:

(1)        Ownership of theestablishment changes; or

(2)        There is a change inthe membership of the firm, association or partnership owning theestablishment, involving the acquisition of a twenty‑five percent (25%)or greater share in the firm, association or partnership by someone who did notpreviously own a twenty‑five percent (25%) or greater share; or

(3)        Twenty‑fivepercent (25%) or more of the stock of the corporate permittee owning theestablishment is acquired by someone who did not previously own twenty‑fivepercent (25%) or more of the stock.

(d)        Change inManagement. – A corporation holding a permit for an establishment for which themanager is required to qualify as an applicant under G.S. 18B‑900(c)shall, within 30 days after employing a new manager, submit to the Commissionan application for substitution of a manager. The application shall be signedby the new manager, shall be on a form provided by the Commission, and shall beaccompanied by a fee of ten dollars ($10.00). The fee shall not be refundable.

(e)        Transfer. – An ABCpermit may not be transferred from one person to another or from one locationto another.

(f)         Lost Permits. – TheCommission may issue duplicate ABC permits for an establishment when theexisting valid permits have been lost or damaged. The request for duplicatepermits shall be on a form provided by the Commission, certified by thepermittee and the Alcohol Law Enforcement Division, and accompanied by a fee often dollars ($10.00).

(g)        Name Change. – TheCommission may issue new permits to a permittee upon application and payment ofa fee of ten dollars ($10.00) for each location when the permittee's name orname of the business is changed.  (1971, c. 872, s. 1; 1975, c. 330, s. 1; c. 411, s.4; 1981, c. 412, s. 2; c. 747, s. 57; 1983, c. 713, s. 106; 1989, c. 800, s. 8;1991, c. 565, ss. 3, 7; 1991 (Reg. Sess., 1992), c. 920, s. 6; 1998‑95,s. 30; 2002‑126, s. 29A.13; 2004‑203, s. 25(b); 2005‑350, s.2(c); 2007‑402, s. 2(c); 2008‑187, s. 7; 2009‑105, s. 2.)