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H 198
North Carolina House•Engrossed
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.txtGENERAL ASSEMBLY OF NORTH CAROLINASESSION 2025H 5HOUSE BILL 198Committee Substitute Favorable 3/5/25Senate Commerce and Insurance Committee Substitute Adopted 5/22/26Senate Finance Committee Substitute Adopted 6/16/26Fifth Edition Engrossed 6/18/26Short Title: ABC Omnibus of 2026. (Public)Sponsors:Referred to:February 26, 20251A BILL TO BE ENTITLED2 AN ACT TO AMEND THE LAWS OF THIS STATE RELATED TO ALCOHOLIC3 BEVERAGES AND RAFFLES.4 The General Assembly of North Carolina enacts:56 PART I. ABC WAREHOUSE LOAN78 ALLOW ABC COMMISSION TO OBTAIN A LOAN FOR A NEW STATE9 WAREHOUSE10SECTION 1.(a) Notwithstanding G.S. 18B-208, the Alcoholic Beverage Control11 Commission may, with the approval of the Governor, obtain a one-time loan of up to three12 hundred ten million dollars ($310,000,000) from a financial institution to be used for planning,13 design, construction, and equipping of a new automated warehouse and associated offices for the14 Commission, as well as purchasing any real property for the new automated warehouse and15 associated offices for the Commission, provided that the Commission may not pledge real16 property owned by the State of North Carolina as collateral. The Commission's obtaining of a17 loan shall not directly or indirectly or contingently obligate the State to levy or to pledge any18 form of taxation or to make any appropriation for repayment of the loan. Notwithstanding19 G.S. 18B-902(g), the Commission shall repay the loan, including interest, from the proceeds of20 permit fees collected by the Commission. The Commission may prepay any obligation under this21 section, in whole or in part, without penalty unless the loan agreement expressly provides22 otherwise. To the extent the proceeds from the fees referenced in this subsection are deemed23 unappropriated, they are hereby appropriated for the purpose of repaying the loan described in24 this subsection. For purposes of this section, the term "financial institution" means any banking25 corporation or trust company, savings and loan association, credit union, insurance company, or26 related corporation, partnership, foundation, or other institution engaged primarily in lending or27 investing funds.28SECTION 1.(b) This section becomes effective July 1, 2026.2930 PART II. ABC TECHNICAL AND CLARIFYING CHANGES3132 BROWN-BAGGING TECHNICAL CORRECTION33SECTION 2. G.S. 18B-603(d) reads as rewritten:*H198-v-5*General Assembly Of North Carolina Session 20251 "(d) Mixed Beverage Elections. – If a mixed beverage election is held under2 G.S. 18B-602(h) and the sale of mixed beverages is approved, the Commission may issue permits3 to qualified persons and establishments in the jurisdiction that held the election as follows:4…5(4) The Commission may issue brown-bagging permits for bars, private clubs6clubs, and congressionally chartered veterans organizations but may no longer7issue and may not renew brown-bagging permits for restaurants, hotels, and8community theatres. A restaurant, hotel, or community theatre may not be9issued a mixed beverage permit under subdivision (1) until it surrenders its10brown-bagging permit.11…."1213 AIRPORT TECHNICAL CORRECTION14SECTION 3. G.S. 18B-300.3 reads as rewritten:15 "§ 18B-300.3. Possession and consumption of alcoholic beverages in the security-screened16area of airports.17 (a) During the hours of airport operation, any establishment permitted under subdivision18 (1), (3), (5), or (10) of G.S. 18B-1000 G.S. 18B-1001 and operating in the Transportation19 Security Administration-screened portion of an airport may, with the written approval of the20 airport authority, sell the alcoholic beverages it is permitted to sell for consumption throughout21 the Transportation Security Administration-screened portion of the establishment's respective22 airport terminal.23 (b) An alcoholic beverage served for consumption throughout an establishment's airport24 terminal shall be served in a container that meets all of the following requirements:25(1) The container is not comprised of glass.26(2) The container displays, in no less than 12-point font, the statement, "Drink27Responsibly – Be 21."28(3) The container shall not hold more than 16 fluid ounces.29 (c) A customer may purchase and consume alcoholic beverages throughout the interior30 of the Transportation Security Administration-screened portion of the respective airport terminal,31 provided that the purchase is from an approved establishment permitted under subdivision (1),32 (3), (5), or (10) of G.S. 18B-1000.G.S. 18B-1001.33 (d) This section applies only to airports that service airplanes boarding at least 150,00034 passengers annually."3536 CLARIFY PERMISSION TO TAKE MIXED BEVERAGES ONTO PERMITTED37 PREMISES IN A SOCIAL DISTRICT38SECTION 4. G.S. 18B-300.1(f) reads as rewritten:39 "(f) Limitations on Open Containers. – Except where otherwise allowed by local40 ordinance, the possession and consumption of an open container of an alcoholic beverage in a41 social district is subject to all of the following requirements:42…43(6) Notwithstanding G.S. 18B-300 and G.S. 18B-301, a permittee or44non-permittee business may allow a customer to possess and consume on the45business's premises alcoholic beverages purchased from a permittee in the46social district. A permittee business that is not permitted to sell mixed47beverages may allow a customer to possess and consume on the business's48premises mixed beverages purchased from a mixed beverages permittee in the49social district."5051 DELIVERY SERVICES PERMIT TECHNICAL CORRECTIONSPage 2 House Bill 198-Fifth EditionGeneral Assembly Of North Carolina Session 20251SECTION 5. G.S. 18B-1001.4 reads as rewritten:2 "§ 18B-1001.4. Authorization of delivery service permit.3 (a) Authorization. – The holder of a delivery service permit, or the permit holder's4 employee or independent contractor, may deliver malt beverages, unfortified wine, or fortified5 wine on behalf of a retailer holding a permit issued pursuant to subdivisions (1) through (6) and6 (16) of G.S. 18B-1001, and single-serving wine drinks or mixed beverages on behalf of a retailer7 holding a permit issued pursuant to subdivision (3), (5), or (10) of G.S. 18B-1001 when delivered8 in accordance with the requirements of those subdivisions, to a location designated by the9 purchaser. A delivery service permittee may also facilitate delivery through technology services10 that connect consumers and licensed retailers through the use of the Internet, mobile applications,11 and other similar technology.12 …13 (e) Scope and Construction. – A delivery service permit is not required for a common14 carrier lawfully transporting or shipping alcoholic beverages. Nothing in this section shall be15 construed as exempting the delivery of alcoholic beverages pursuant to a delivery service permit16 from the requirements set forth in Article 4 of Chapter 18B of the General Statutes. Nothing in17 this section shall be construed to require a technology services company to obtain a delivery18 service permit if the company does not employ or contract with delivery drivers, but rather19 provides software or an application that connects consumers and licensed retailers for the20 delivery of alcoholic beverages from the licensed retailer. Nothing in this section shall be21 construed to require a retailer that holds a permit issued pursuant to subdivisions (1) through (6),22 (10), and (16) of G.S. 18B-1001 to obtain a delivery service permit in order for employees of the23 retail permittee to deliver malt beverages, unfortified wine, or fortified wine to a location24 designated by the purchaser, purchaser; however, the other provisions of this section apply to the25 retailer.26 …."2728 CLARIFY SAFE HARBOR FOR LATE ABC PERMIT RENEWALS29SECTION 6.(a) G.S. 18B-903 reads as rewritten:30 "§ 18B-903. Duration of permit; renewal and transfer.31 (a) Duration. – Once issued, ABC permits shall be valid for the following periods, unless32 earlier surrendered, suspended or revoked:33…34(5) All other ABC permits shall be valid for one year, from May 1 to April 30.May3531 of the following year, as provided in subsection (b3) of this section.36 (b) Renewal. – Application for renewal of an ABC permit shall be on a form provided37 by the Commission. An application for renewal shall be accompanied by an application fee. The38 application fee shall be the same amount as the initial fee set in G.S. 18B-902, except that the39 renewal application fee for each wine shop permit or malt beverage shop permit shall be five40 hundred dollars ($500.00), and the renewal application fee for each mixed beverages permit and41 each guest room cabinet permit shall be one thousand dollars ($1,000). The fee shall be paid by42 May 1 of each year. A renewal fee shall not be refundable.43 (b1) Registration. – Each person holding a malt beverage, fortified wine, or unfortified44 wine permit issued pursuant to G.S. 18B-902(d)(1) through G.S. 18B-902(d)(6) shall register by45 May 1 of each year on a form provided by the Commission, in order to provide information46 needed by the State in enforcing this Chapter and to support the costs of that enforcement. The47 registration required by this subsection shall be accompanied by an annual registration and48 inspection fee of four hundred dollars ($400.00) for each permit held. The fee shall be paid by49 May 1 of each year. A registration fee shall not be refundable. Failure to pay the annual50 registration and inspection fee shall result in revocation of the permit.51 …House Bill 198-Fifth Edition Page 3General Assembly Of North Carolina Session 20251 (b3) Safe Harbor; Late Fees. – Notwithstanding subsection (a) of this section, no permit2 issued under Article 10 of this Chapter, other than a special occasion permit, limited special3 occasion permit, or special one-time permit, shall expire or be revoked or canceled by the4 Commission shall not revoke a permit for failure to pay a renewal application fee or an annual5 registration and inspection fee until June 1 of each year. year, and the permittee shall be allowed6 to operate under the permit until that date. No later than five business days after April 30 of each7 year, the Commission shall notify permittees who have not paid any required renewal application8 fees or annual registration and inspection fees as of April 30. April 30 by email or first-class mail.9 The Commission shall charge a late fee of twenty-five percent (25%) of the renewal application10 fee or registration and inspection fee for a permit for which the renewal application fee or11 registration and inspection fee is submitted after April 30.12 …."13SECTION 6.(b) G.S. 18B-900, as amended by Section 17(e) of this act, reads as14 rewritten:15 "§ 18B-900. Qualifications for permit.16 (a) Requirements. – To be eligible to receive and to hold an ABC permit, a person must17 satisfy all of the following requirements:18…19(6) Not have had an alcoholic beverage permit revoked within three years, except20where the revocation was based solely on a permittee's failure to pay the21annual registration and inspection fee required in G.S. 18B-903(b1).22…23(8) Be current in filing all applicable tax returns to the State and in payment of all24taxes, interest, and penalties that are collectible under G.S. 105-241.22. This25subdivision does not apply to the following ABC permits:26a. Special occasion permit under G.S. 18B-1001(8).27b. Limited special occasion permit under G.S. 18B-1001(9).28c. Special one-time permit under G.S. 18B-1002.29d. Salesman permit under G.S. 18B-1111.30e. Special multiple event permit under G.S. 18B-1002.2.31 To avoid undue hardship, however, the Commission may decline to take action under32 G.S. 18B-104 against a permittee who is in violation of subdivisions (3), (4), or (5) of this33 subsection. Additionally, to avoid undue hardship, the Commission may, in its discretion, allow34 the renewal of a permit for a permittee who is in violation of subdivision (8) of this subsection.35 …36 (f) Procedure to Confirm State Tax Compliance. – Upon request of the Commission, the37 Department of Revenue must provide information to the Commission to confirm a person's38 compliance with subdivision (a)(8) of this section. If the Department of Revenue notifies the39 Commission that a person is not in compliance, then the Commission shall not issue or renew the40 person's permit until the Commission receives notice from the Department of Revenue that the41 person is in compliance. compliance; however, the Commission may, in its discretion, allow the42 renewal of a permit notwithstanding a person's lack of compliance with subdivision (a)(8) of this43 section. The requirement to pay all taxes, interest, and penalties may be satisfied by an operative44 agreement under G.S. 105-237 covering any amounts that are collectible under G.S. 105-241.22.45 Chapter 150B of the General Statutes does not apply to a Commission action on issuance,46 suspension, or revocation of an ABC permit under subdivision (a)(8) of this section."47SECTION 6.(c) G.S. 105-113.83A(d) reads as rewritten:48 "(d) Penalty. – The Secretary must notify the ABC Commission when a permittee required49 to register is not eligible to hold an ABC permit for failure to satisfy in violation of50 G.S. 18B-900(a)(8). Upon notification, the ABC Commission must may impose any penalty51 permitted under G.S. 18B-104."Page 4 House Bill 198-Fifth EditionGeneral Assembly Of North Carolina Session 20251SECTION 6.(d) Notwithstanding any other provision of law, if (i) a permit holder2 was charged a late fee by the Alcoholic Beverage Control Commission pursuant to3 G.S. 18B-903(b3) as a result of a notification from the Department of Revenue to the4 Commission pursuant to G.S. 18B-900(f) and (ii) the permit holder complied with5 G.S. 18B-900(a)(8) before June 1 of the year in which the permit was renewed, in accordance6 with the safe harbor provision in G.S. 18B-903(b3), then the permit holder may request a refund7 of the late fee from the Commission. A permit holder must submit to the Commission evidence8 of compliance with G.S. 18B-900(a)(8) before June 1 of the year in which the permit was9 renewed to receive a refund pursuant to this subsection. The Commission shall refund late fees10 to any permit holder who meets the requirements of this subsection and requests a refund. All11 refund requests pursuant to this subsection must be submitted to the Commission by May 31,12 2027.13SECTION 6.(e) Subsection (a) of this section is retroactively effective June 28,14 2024. The remainder of this section is effective when it becomes law.1516 CLARIFY MOBILE BAR SERVICE PERMIT AND INTERACTION WITH CERTAIN17 ON-PREMISES PERMITS18SECTION 7. G.S. 18B-1001(12a) reads as rewritten:19"(12a) Mobile Bar Services Permit. –20a. A mobile bar services permit may be issued to a business that provides21bartending services for events. The permit authorizes the permittee to22bring malt beverages, unfortified wine, fortified wine, and spirituous23liquor onto the premises of a business that is not an ABC permittee24and to serve the alcoholic beverages to guests at the event. The Except25as provided in sub-subdivision b. of this subdivision, the permittee26may purchase malt beverages and unfortified wine from either a27retailer or a wholesaler. only from a retailer. The permittee may28purchase fortified wine from either an ABC store or a wholesaler. The29permittee shall purchase and spirituous liquor only from an ABC store30that is designated as a mixed beverage ABC store operated by any31local board operating in the same county where the permittee's32principal office is located. If the permittee's premises for storage of33inventory is a residential address, the permittee may designate an area34of the premises to be used for storage of inventory pursuant to the35permit. An inspection of the premises pursuant to G.S. 18B-502 shall36extend only to the area that the permittee has designated for storage of37inventory unless the law enforcement officer conducting the38inspection has (i) a warrant to search the residence or (ii) probable39cause to search the residence and exigent circumstances exist.40b. The holder of a permit issued pursuant to G.S. 18B-1001(1), (3), (5),41(16), or (16a) may also hold a mobile bar services permit at the same42permitted premises. Notwithstanding sub-subdivision a. of this43subdivision, a permittee who holds both a mobile bar services permit44and a permit issued pursuant to G.S. 18B-1001(1), (3), (5), (16), or45(16a) may not obtain or serve alcoholic beverages that the permittee is46not allowed to sell under the permit or permits that the permittee holds47that are issued pursuant to G.S. 18B-1001(1), (3), (5), (16), or (16a).48The permittee shall only use as inventory for the mobile bar services49permit the permittee's inventory of alcoholic beverages lawfully50purchased from a wholesaler pursuant to the permit or permits that the51permittee holds under G.S. 18B-1001(1), (3), (5), (16), or (16a). TheHouse Bill 198-Fifth Edition Page 5General Assembly Of North Carolina Session 20251mobile bar services permit shall authorize such a permittee to bring2those alcoholic beverages onto the premises of a business that is not3an ABC permittee and serve the alcoholic beverages to guests at the4event. Alcoholic beverages that are taken from the permittee's5inventory to an event at another premises under a mobile bar services6permit may be restored to inventory after the event if the alcoholic7beverages are still in the manufacturer's original unopened container.8c. The A mobile bar services permittee may not serve alcoholic9beverages pursuant to a mobile bar services permit on the premises of10any location owned or possessed by the permittee. The permittee shall11notify the Commission, in writing, of the location of any event where12the permittee will serve alcoholic beverages not less than one week13before the event and shall have the permission of the owner or14possessor of the property on which the event is to be held. Any person15serving alcoholic beverages at the event shall be at least 21 years of16age. Alcoholic beverages may be transported by the mobile bar17services permit holder to the premises of the event no earlier than 8:0018A.M. on the day of the event. At the conclusion of the event, all19alcoholic beverages must be removed from the premises no later than2012:00 noon of the following day. A limited special occasion permit21shall not be required for an event at which alcoholic beverages are22exclusively provided by the holder of a mobile bar services permit.23The holder of a mobile bar services permit may bring alcoholic24beverages onto the premises and serve the alcoholic beverages at an25event regardless of whether there is a charge or fee for guests to attend26the event. This permit does not allow the retail sale of individual27alcoholic beverages to guests at an event."2829 CLARIFY THAT THE ABC COMMISSION MAY ORDER CERTAIN DISPOSITIONS30 OF SEIZED ALCOHOLIC BEVERAGES AFTER AN OFFER IN COMPROMISE TO31 RESOLVE AN ABC LAW VIOLATION HAS BEEN ACCEPTED BY THE32 COMMISSION33SECTION 8.(a) G.S. 18B-503 reads as rewritten:34 "§ 18B-503. Disposition of seized alcoholic beverages.35 (a) Storage. – A law-enforcement law enforcement officer who seizes alcoholic36 beverages as evidence of an ABC law violation shall provide for the storage of those alcoholic37 beverages until the commencement of the trial or administrative hearing relating to the violation,38 unless some other disposition is authorized under this section.39 (b) Disposition Before Trial. – After giving notice to each defendant, to any other known40 owner, and to the Commission, a judge may order any of the following dispositions of alcoholic41 beverages seized as evidence of an ABC law violation:42(1) The destruction of any malt beverages except that amount needed for evidence43at trial.44(2) The sale of any alcoholic beverages other than malt beverages or nontaxpaid45alcoholic beverages, and other than any alcoholic beverages needed for46evidence at trial, if the trial is likely to be delayed for more than 90 days, or if47the quantity or nature of the alcoholic beverages is such that storage is48impractical or unduly expensive.49(3) The destruction of the alcoholic beverages if storage or sale is not practical.50(4) Continued storage of the alcoholic beverages.Page 6 House Bill 198-Fifth EditionGeneral Assembly Of North Carolina Session 20251 (c) Disposition After Trial. – After the criminal charge is resolved, a judge may order the2 following dispositions of seized alcoholic beverages:3(1) If the owner or possessor of the alcoholic beverages is found guilty of a4criminal charge relating to those alcoholic beverages, the judge may order the5sale or destruction of any alcoholic beverages that were held until trial.6(2) If the owner or possessor of the alcoholic beverages is found not guilty, or if7charges are dismissed or otherwise resolved in favor of the owner or8possessor, the judge shall order the alcoholic beverages returned to that owner9or possessor, except as provided in subdivision (3).10(3) If the owner or possessor of the alcoholic beverages is found not guilty, or if11charges are otherwise resolved in favor of the owner or possessor, but12possession of the alcoholic beverages by that owner or possessor would be13unlawful, the judge shall order the alcoholic beverages either sold or14destroyed.15(4) If ownership of the alcoholic beverages remains uncertain after trial or after16the charges have been dismissed, the judge may order the alcoholic beverages17held, or the alcoholic beverages sold and the proceeds held, for a specified18time, until ownership of the alcoholic beverages can be determined.19 (d) Holding for Administrative Hearings. – If alcoholic beverages used as evidence in a20 criminal proceeding are also needed as evidence at an administrative hearing, a judge shall not21 order any of the dispositions set out in subsection (c), but shall order the alcoholic beverages held22 for the administrative hearing and for a determination of final disposition by the Commission.23 The Commission may, before or after an administrative hearing, order any of the dispositions24 authorized under subsections (b) and (c). Subject to the restriction set forth in this subsection25 prohibiting sale or destruction without notice to the district attorney, if the Commission accepts26 an offer in compromise to resolve an ABC law violation, the Commission may order the27 applicable disposition set out in subdivision (2) or (3) of subsection (c) of this section. If no28 related criminal proceeding has commenced, the Commission shall not order sale or destruction29 of alcoholic beverages until notice has been given to the district attorney for the district where30 the alcoholic beverages were seized or any violation of ABC laws related to the seizure of the31 alcoholic beverages is likely to be prosecuted.32 …."33SECTION 8.(b) This section is effective when it becomes law and applies to offers34 in compromise accepted on or after that date.3536 CLARIFY THAT WINE SHOP PERMITTEES MAY HOLD MALT BEVERAGE SHOP37 PERMITS AND THAT MALT BEVERAGE SHOP PERMITTEES MAY HOLD WINE38 SHOP PERMITS39SECTION 9. G.S. 18B-1001 reads as rewritten:40 "§ 18B-1001. Kinds of ABC permits; places eligible.41 When the issuance of the permit is lawful in the jurisdiction in which the premises are located,42 the Commission may issue the following kinds of permits:43…44(16) Wine Shop Permit. – A wine shop permit authorizes (i) the retail sale of malt45beverages, unfortified wine, and fortified wine in the manufacturer's original46container for consumption off the premises, (ii) the retail sale of malt47beverages or unfortified wine dispensed from a tap connected to a pressurized48container utilizing carbon dioxide or similar gas in a cleaned and sanitized49container that is filled or refilled and sealed for consumption off the premises50and that identifies the permittee and the date the container was filled or51refilled, and (iii) wine tastings on the premises conducted and supervised byHouse Bill 198-Fifth Edition Page 7General Assembly Of North Carolina Session 20251the permittee in accordance with subdivision (15) of this section. It also2authorizes the holder of the permit to ship malt beverages, unfortified wine,3and fortified wine in closed containers to individual purchasers inside and4outside the State. The permit may be issued for retail businesses whose5primary purpose is selling malt beverages and wine for consumption off the6premises and regularly and customarily educating consumers through tastings,7classes, and seminars about the selection, serving, and storing of wine. The8holder of the permit is authorized to sell unfortified wine for consumption on9the premises, provided that that, except as otherwise provided in this10subdivision, the sale of wine for consumption on the premises does not exceed11forty percent (40%) of the establishment's total sales for any 30-day period.12The holder of a wine-tasting permit not engaged in the preparation or sale of13food on the premises is not subject to Part 6 of Article 8 of Chapter 130A of14the General Statutes. A holder of a wine shop permit shall also be eligible to15hold a malt beverage shop permit under G.S. 18B-1001(16a). If the holder of16a wine shop permit also holds a malt beverage shop permit, then the sales of17alcoholic beverages for consumption on the premises may not exceed forty18percent (40%) of the establishment's total sales for any 30-day period.19(16a) Malt Beverage Shop Permit. – A malt beverage shop permit authorizes (i) the20retail sale of malt beverages, unfortified wine, and fortified wine in the21manufacturer's original container for consumption off the premises, (ii) the22retail sale of malt beverages dispensed from a tap connected to a pressurized23container utilizing carbon dioxide or similar gas in a cleaned and sanitized24container that is filled or refilled and sealed for consumption off the premises25and that identifies the permittee and the date the container was filled or26refilled, and (iii) malt beverage tastings on the premises conducted and27supervised by the permittee in accordance with subdivision (18) of this28section. It also authorizes the holder of the permit to ship malt beverages,29unfortified wine, and fortified wine in closed containers to individual30purchasers inside and outside the State. The permit may be issued for retail31businesses whose primary purpose is selling malt beverages for consumption32off the premises and regularly and customarily educating consumers through33tastings, classes, and seminars about the selection, serving, and storing of malt34beverages. The holder of the permit is authorized to sell malt beverages for35consumption on the premises, provided that that, except as otherwise provided36in this subdivision, the sale of malt beverages, combined, for consumption on37the premises does not exceed forty percent (40%) of the establishment's total38sales for any 30-day period. The holder of a malt beverage tasting permit not39engaged in the preparation or sale of food on the premises is not subject to40Part 6 of Article 8 of Chapter 130A of the General Statutes. A holder of a malt41beverage shop permit shall also be eligible to hold a wine shop permit under42G.S. 18B-1001(16). If the holder of a malt beverage shop permit also holds a43wine shop permit, then the sales of alcoholic beverages for consumption on44the premises may not exceed forty percent (40%) of the establishment's total45sales for any 30-day period.46…."4748 CLARIFY ABC COMMISSION NOTICE TO PERMIT HOLDER49SECTION 10.(a) G.S. 18B-502(c) reads as rewritten:50 "(c) Notice to Permit Holders. – If the Commission receives a report from a law51 enforcement agency other than the Division of Alcohol Law Enforcement of the Department ofPage 8 House Bill 198-Fifth EditionGeneral Assembly Of North Carolina Session 20251 Public Safety or a local ABC officer any law enforcement agency documenting violations of this2 Chapter or Chapter 14 of the General Statutes for conduct occurring on the premises of a3 permitted establishment, the Commission shall send notice of the alleged violation to the holder4 of the permit within five business days of receipt of the law enforcement agency report. The5 written notice shall identify the currently alleged violations and the involved employee. Nothing6 in this subsection shall prevent or limit the Commission from taking any additional action7 warranted by the circumstances of the violation."8SECTION 10.(b) This section is effective when it becomes law and applies to9 violations committed on or after that date.1011 PART III. OTHER ABC CHANGES1213 ESTABLISH SERVICE BUSINESS PERMIT14SECTION 11.(a) G.S. 18B-300(a1) reads as rewritten:15 "(a1) Consumption on Premises During Time of Permit Revocation or Suspension. – It shall16 be unlawful to consume or for a permittee or his a permittee's agent or employee to allow the17 consumption of malt beverages or unfortified wine on the premises of any business during the18 period of time that any on-premises permit or service business permit issued to the business19 authorizing the sale and or consumption of malt beverages or unfortified wine has been20 suspended or revoked by the Commission. The prohibition in this subsection does not apply to21 the premises upon which the business was located at the time the permit was suspended or22 revoked if the business ceases to operate in that location and the owner of the property is not the23 permittee, provided that the permittee is not engaged in any other business or other activity on24 the premises during the period of suspension or revocation."25SECTION 11.(b) G.S. 18B-603 is amended by adding a new subsection to read:26 "(i) Service Business Permits. – The Commission may only issue service business permits27 provided for in G.S. 18B-1001(26) to qualified persons and establishments located within a28 jurisdiction in which on-premises malt beverage permits or on-premises unfortified wine permits29 may be issued, subject to the following restrictions:30(1) If on-premises malt beverage permits, but not on-premises unfortified wine31permits, may be issued in the jurisdiction, the service business permittee may32furnish only malt beverages to customers.33(2) If on-premises unfortified wine permits, but not on-premises malt beverage34permits, may be issued in the jurisdiction, the service business permittee may35furnish only unfortified wine to customers.36(3) If on-premises malt beverage permits and on-premises unfortified wine37permits may be issued in the jurisdiction, the service business permittee may38furnish malt beverages and unfortified wine to customers."39SECTION 11.(c) G.S. 18B-902 reads as rewritten:40 "§ 18B-902. Application for permit; fees.41 …42 (d) Fees. – An application for an ABC permit shall be accompanied by payment of the43 following application fee:44…45(57) Service business permit – $50.00.46 …47 (h) Recycling Plan Required. – Each applicant for an on-premises malt beverage permit,48 on-premises unfortified wine permit, service business permit, on-premises fortified wine permit,49 or a mixed beverages permit shall prepare and submit with the application a plan for the collection50 and recycling of all recyclable beverage containers of all beverages to be furnished or sold at51 retail on the premises. Each applicant for a mobile bar services permit shall prepare and submitHouse Bill 198-Fifth Edition Page 9General Assembly Of North Carolina Session 20251 with the application a plan for the collection and recycling of all recyclable beverage containers2 of all beverages to be served at an event pursuant to the permit. A permittee who is not able to3 find a recycler for its beverage containers may apply to the Alcoholic Beverage Control4 Commission for a one-year stay of the requirement to implement a recycling program in5 compliance with G.S. 18B-1006.1. The application shall be made in a form specified by the6 Commission, shall detail the efforts made by the permittee to provide for the collection and7 recycling of beverage containers, and shall specify the impediments to implementation of a8 recycling plan. The Commission shall submit all such applications to the Division of9 Environmental Assistance and Outreach of the Department of Environmental Quality for review10 and certification. The Division of Environmental Assistance and Outreach shall investigate each11 application and prepare a summary of its investigation and shall submit the summary to the12 Commission along with a notation indicating certification or denial of the application. A13 permittee whose application for a stay is certified by the Division of Environmental Assistance14 and Outreach shall not be required to comply with the recycling requirement of the alcoholic15 beverage laws and regulations during the one-year stay period so certified."16SECTION 11.(d) G.S. 18B-903, as amended by Section 6 of this act, reads as17 rewritten:18 "§ 18B-903. Duration of permit; renewal and transfer.19 (a) Duration. – Once issued, ABC permits shall be valid for the following periods, unless20 earlier surrendered, suspended or revoked:21(1) On-premises and off-premises malt beverage, unfortified wine, and fortified22wine permits; service business permits; culinary permits; and all permits listed23in G.S. 18B-1100 shall remain valid indefinitely.24…25 (b1) Registration. – Each person holding a malt beverage, fortified wine, or unfortified26 wine permit unfortified wine, or service business permit issued pursuant to G.S. 18B-902(d)(1)27 through G.S. 18B-902(d)(6) or G.S. 18B-902(d)(57) shall register by May 1 of each year on a28 form provided by the Commission, in order to provide information needed by the State in29 enforcing this Chapter and to support the costs of that enforcement. The For permits issued30 pursuant to G.S. 18B-902(d)(1) through G.S. 18B-902(d)(6), the registration required by this31 subsection shall be accompanied by an annual registration fee of four hundred dollars ($400.00)32 for each permit held. For permits issued pursuant to G.S. 18B-902(d)(57), the registration33 required by this subsection shall be accompanied by an annual registration fee of fifty dollars34 ($50.00) for each permit held. The fee shall be paid by May 1 of each year. A registration fee35 shall not be refundable. Failure to pay the annual registration fee shall result in revocation of the36 permit.37 (b2) Recycling Plan Required. – Each person holding an on-premises malt beverage38 permit, on-premises unfortified wine permit, service business permit, on-premises fortified wine39 permit, or a mixed beverages permit shall submit, along with the annual registration or renewal40 application, either a current plan for the collection and recycling of all recyclable beverage41 containers of all beverages furnished or sold at retail on the premises, or an application for a42 waiver pursuant to G.S. 18B-902(h). Each person holding a mobile bar services permit shall43 submit, along with the annual renewal application, either a current plan for the collection and44 recycling of all recyclable beverage containers of all beverages to be served at an event pursuant45 to the permit, or an application for a waiver pursuant to G.S. 18B-902(h).46 …."47SECTION 11.(e) G.S. 18B-1000 reads as rewritten:48 "§ 18B-1000. Definitions concerning establishments.49 The following requirements and definitions shall apply to this Chapter:50…Page 10 House Bill 198-Fifth EditionGeneral Assembly Of North Carolina Session 20251(7a) Service business. – An establishment that is primarily engaged in the business2of providing services to the general public that require an occupational license3issued by the State.4(7a)(7b) Sports and entertainment venue. – Stadiums, ballparks, and other similar5facilities with a permanently constructed seating capacity of 3,000 or more6which are not located on the campus of a school, college, or university.7…."8SECTION 11.(f) G.S. 18B-1001 is amended by adding a new subdivision to read:9"(26) Service Business Permit. – A service business permit authorizes the permittee10to furnish complimentary malt beverages and unfortified wine to customers,11in conjunction with the provision of the service, for consumption on the12permittee's premises at no extra charge to the customers. The permittee may13furnish alcoholic beverages to customers only in accordance with14G.S. 18B-603(i). The permittee may not serve more than two servings of15alcoholic beverages to any individual customer in any calendar day. For16purposes of this subdivision, a serving of malt beverage is 16 fluid ounces and17a serving of unfortified wine is 8 fluid ounces. Notwithstanding18G.S. 18B-1006(h), the permittee may purchase malt beverages and unfortified19wine only from a retailer. The permit may be issued to service businesses."20SECTION 11.(g) G.S. 18B-1006.1(a) reads as rewritten:21 "(a) Holders of on-premises malt beverage permits, on-premises unfortified wine permits,22 service business permits, on-premises fortified wine permits, and mixed beverages permits shall23 separate, store, and provide for the collection for recycling of all recyclable beverage containers24 of all beverages furnished or sold at retail on the premises. A permittee has satisfied the25 requirements of this section if it implements a recycling program that meets the minimum26 standards of the model recycling program developed by the Commission pursuant to27 G.S. 130A-309.14(m). Failure to comply with the requirements of this section shall not be28 grounds for revocation of a permit. A conviction for violation of this section shall not constitute29 an alcoholic beverage offense within the meaning of G.S. 18B-900(a)(4)."30SECTION 11.(h) This section becomes effective September 1, 2026.3132 COUNTY MIXED BEVERAGE ELECTION AMENDMENT33SECTION 12.(a) G.S. 18B-600(b) reads as rewritten:34 "(b) County Elections. – Any county may hold a malt beverage, unfortified wine, or ABC35 store election. A county may hold a mixed beverage election only if (i) the county already36 operates at least one county ABC store or a city located in the county operates at least one ABC37 store, or (ii) a county election on ABC stores is to be held at the same time as the mixed beverage38 election. Provided, if a county does not operate at least one ABC store, a mixed beverages39 permittee may purchase liquor from an ABC store that is designated as a mixed beverage ABC40 store operated by any local board operating in the same county as the permittee or any adjacent41 county."42SECTION 12.(b) This section is retroactively effective October 1, 2024, and applies43 to elections held on or after that date.4445 REVISE LAW GOVERNING DISPLAY OF SPIRITUOUS LIQUOR DISTILLED OR46 PRODUCED IN NORTH CAROLINA47SECTION 13. G.S. 18B-800(e) reads as rewritten:48 "(e) Each ABC store shall display spirits which are distilled or produced in North Carolina49 in an area dedicated solely to North Carolina products.products or otherwise in the store so long50 as the product is identified as a North Carolina product by a price tag or shelf tag."51House Bill 198-Fifth Edition Page 11General Assembly Of North Carolina Session 20251 INCLUDE WHIPPED CREAM IN THE DEFINITION OF ALCOHOL CONSUMABLE2SECTION 14.(a) G.S. 18B-101(4a) reads as rewritten:3"(4a) "Alcohol consumable" means any manufactured and packaged ice cream,4whipped cream, ice pop, gum-based, or gelatin-based food product containing5at least one-half of one percent (0.5%) alcohol by volume."6SECTION 14.(b) This section becomes effective December 1, 2026, and applies to7 offenses committed on or after that date.89 PROVIDE MIXED BEVERAGES PERMITTEES WITH PRIOR NOTICE OF10 APPORTIONED PRODUCT LOTTERY11SECTION 15.(a) G.S. 18B-800 is amended by adding a new subsection to read:12 "(c6) Prior Notice of Lottery. – At least 30 days prior to the date it plans to conduct a lottery13 or other random drawing to sell apportioned products to mixed beverage permittee customers of14 an ABC store, the local board conducting the lottery or other random drawing shall provide each15 mixed beverage permittee with written notice of the lottery or other random drawing by email or16 first-class mail. For purposes of this subsection, the term "apportioned products" means17 containers of spirituous liquor that are made available to local boards only by random drawings18 conducted by the Commission."19SECTION 15.(b) This section becomes effective October 1, 2026, and applies to20 lotteries or other random drawings to sell apportioned products held on or after that date.2122 CLARIFY WHEN SPECIAL ONE-TIME PERMITS ARE REQUIRED FOR23 NONPROFIT ORGANIZATIONS24SECTION 16. G.S. 18B-1002(a) reads as rewritten:25 "(a) Kinds of Permits. – In addition to the other permits authorized by this Chapter, the26 Commission may issue permits for the following activities:27…28(2) A permit may be issued to a nonprofit organization to allow the retail sale of29malt beverages, unfortified wine, fortified wine, or mixed beverages, or to30allow brown-bagging, at a single fund-raising event of that organization. A31permit for this purpose shall not be issued for the sale of any kind of alcoholic32beverage in a jurisdiction where the sale of that alcoholic beverage is not33lawful. A permit is not required under this subdivision for an event conducted34by a nonprofit organization that meets any of the following:35a. The event is held on premises permitted under G.S. 18B-1001(1),3618B-1001(2), 18B-1001(3), 18B-1001(4), 18B-1001(5), 18B-1001(6),37or 18B-1001(10) and the wine, malt beverages, and spirituous liquor38sold at the event are sold by the retail permittee from the retail39permittee's inventory.40b. The event is held on a premises that does not hold a permit under this41Chapter and the wine, malt beverages, and spirituous liquor sold or42served at the event is provided by one of the following in a manner43allowed under that permit:441. A mobile bar services permittee pursuant to45G.S. 18B-1001(12a).462. A mixed beverage catering permittee pursuant to47G.S. 18B-1001(12).483. A malt beverage special event permittee pursuant to49G.S. 18B-1114.5.504. A winery special event permittee pursuant to G.S. 18B-1114.1.Page 12 House Bill 198-Fifth EditionGeneral Assembly Of North Carolina Session 202515. A spirituous liquor special event permittee pursuant to2G.S. 18B-1114.7.3…4(5) A permit may be issued to a unit of local government, or to a nonprofit5organization or a political organization to serve wine, malt beverages, and6spirituous liquor at a ticketed an event held to allow the unit of local7government or organization to raise funds. A permit is not required under this8subdivision for an event conducted by a unit of local government, a nonprofit9organization, or a political organization that meets any of the following:10a. The event is held on premises permitted under G.S. 18B-1001(1),1118B-1001(2), 18B-1001(3), 18B-1001(4), 18B-1001(5), 18B-1001(6),12or 18B-1001(10) and the wine, malt beverages, and spirituous liquor13sold at the event are sold by the retail permittee from the retail14permittee's inventory.15b. The event is held on a premises that does not hold a permit under this16Chapter and the wine, malt beverages, and spirituous liquor sold or17served at the event is provided by one of the following in a manner18allowed under that permit:191. A mobile bar services permittee pursuant to20G.S. 18B-1001(12a).212. A mixed beverage catering permittee pursuant to22G.S. 18B-1001(12).233. A malt beverage special event permittee pursuant to24G.S. 18B-1114.5.254. A winery special event permittee pursuant to G.S. 18B-1114.1.265. A spirituous liquor special event permittee pursuant to27G.S. 18B-1114.7.28For purposes of this subdivision "nonprofit organization" means an29organization that is exempt from taxation under Section 501(c)(3), 501(c)(4),30501(c)(6), 501(c)(8), 501(c)(10), 501(c)(19), or 501(d) of the Internal31Revenue Code or is exempt under similar provisions of the General Statutes32as a bona fide nonprofit charitable, civic, religious, fraternal, patriotic, or33veterans' organization or as a nonprofit volunteer fire department, or as a34nonprofit volunteer rescue squad or a bona fide homeowners' or property35owners' association. For purposes of this subdivision "political organization"36means an organization covered by the provisions of G.S. 163-96(a)(1) or (2)37or a campaign organization established by or for a person who is a candidate38who has filed a notice of candidacy, paid the filing fees or filed the required39petition, and been certified as a candidate. The issuance of this permit shall40also allow the use for culinary purposes of spirituous liquor lawfully41purchased for use in mixed beverages. The issuance of this permit shall also42allow a nonprofit organization to offer alcoholic beverages in the43manufacturer's original closed container as a prize in a raffle or sell alcoholic44beverages in the manufacturer's original closed container at auction at the45ticketed event to allow the nonprofit organization to raise funds.46…."4748 SPECIAL MULTIPLE EVENT PERMIT49SECTION 17.(a) Article 10 of Chapter 18B of the General Statutes is amended by50 adding a new section to read:51 "§ 18B-1002.2. Special multiple event permit.House Bill 198-Fifth Edition Page 13General Assembly Of North Carolina Session 20251 (a) Definitions. – The following definitions apply to this section:2(1) Nonprofit organization. – An organization that is exempt from taxation under3section 501(c)(3), 501(c)(4), 501(c)(6), 501(c)(8), 501(c)(10), 501(c)(19), or4501(d) of the Internal Revenue Code or is exempt under similar provisions of5the General Statutes as a bona fide nonprofit charitable, civic, religious,6fraternal, patriotic, or veterans' organization or as a nonprofit volunteer fire7department, or as a nonprofit volunteer rescue squad or a bona fide8homeowners' or property owners' association.9(2) Political organization. – An organization covered by the provisions of10G.S. 163-96(a)(1) or (2) or a campaign organization established by or for a11person who is a candidate who has filed a notice of candidacy, paid the filing12fees or filed the required petition, and been certified as a candidate.13 (b) Permit Authorized. – A special multiple event permit may be issued to an individual14 person representing a nonprofit organization or a political organization to allow the following at15 multiple fund-raising events of that organization:16(1) The retail sale of malt beverages, unfortified wine, fortified wine, and mixed17beverages.18(2) Brown-bagging.19(3) The serving of malt beverages, unfortified wine, fortified wine, and mixed20beverages at an event.21(4) Offering alcoholic beverages in the manufacturer's original closed container22as a prize in a raffle at an event.23(5) Selling alcoholic beverages in the manufacturer's original closed container at24auction at an event.25 The permit holder must be present at any fund-raising event conducted pursuant to a special26 multiple event permit.27 (c) Permit Holder Limitations. – Not more than two persons representing a single28 nonprofit organization or political organization may obtain permits pursuant to this section. No29 person may hold a special multiple event permit as a representative of more than one nonprofit30 organization or political organization.31 (d) Notice of Events. – The holder of the permit shall provide written notice of a32 fund-raising event to the Commission and to the governing body of the city or county in which33 the fund-raising event will be located at least 30 days prior to the event. The notice shall include34 the date, time, and location of the event and the types of alcoholic beverages to be sold or served35 at the event. If the event is occurring on premises located partially or entirely within the36 boundaries of a social district and is scheduled to occur during hours when alcoholic beverages37 may be consumed in the social district, the holder of the permit shall include that information in38 the notice.39 To be considered by the Commission, the local governing body must file any objection in40 writing with the Commission not less than 15 days prior to the event and must state the facts41 upon which the objection is based.42 The Commission shall have the sole power, in its discretion, to determine suitability of the43 location at which the permit will be used to conduct a fund-raising event.44 (e) Records. – The permit holder shall maintain for a period of at least one year a record45 of each fund-raising event conducted. The record shall include the date of the fund-raising event,46 the time of the fund-raising event, an identification of the venue at which the fund-raising event47 was held, and the types of alcoholic beverages sold or served at the event. The permit holder shall48 allow the Commission to inspect those records at any time.49 (f) General Limitations. – A permit issued pursuant to this section shall not allow any of50 the following:Page 14 House Bill 198-Fifth EditionGeneral Assembly Of North Carolina Session 20251(1) The sale of any kind of alcoholic beverage in a jurisdiction where the sale of2that alcoholic beverage is not lawful.3(2) The sale or consumption of alcoholic beverages outside the hours authorized4in G.S. 18B-1004.5 (g) A permit is not required under this section for an event conducted by a nonprofit6 organization or political organization that meets any of the following:7(1) The event is held on premises permitted under G.S. 18B-1001(1),818B-1001(2), 18B-1001(3), 18B-1001(4), 18B-1001(5), 18B-1001(6), or918B-1001(10) and the wine, malt beverages, and spirituous liquor sold at the10event are sold by the retail permittee from the retail permittee's inventory.11(2) The event is held on a premises that does not hold a permit under this Chapter12and the wine, malt beverages, and spirituous liquor sold or served at the event13is provided by one of the following in a manner allowed under that permit:14a. A mobile bar services permittee pursuant to G.S. 18B-1001(12a).15b. A mixed beverage catering permittee pursuant to G.S. 18B-1001(12).16c. A malt beverage special event permittee pursuant to G.S. 18B-1114.5.17d. A winery special event permittee pursuant to G.S. 18B-1114.1.18e. A spirituous liquor special event permittee pursuant to19G.S. 18B-1114.7."20SECTION 17.(b) G.S. 18B-125 reads as rewritten:21 "§ 18B-125. Exceptions.22 This Article does not create a claim for relief against any of the following:23(1) One who holds only a brown bagging permit, a special occasions permit, or a24limited special occasions permit;permit.25(2) One who holds only a special one-time permit under G.S.2618B-1002;G.S. 18B-1002.27(2a) One who holds only a special multiple event permit under G.S. 18B-1002.2.28(3) One who holds only permits listed in G.S. 18B-1100;G.S. 18B-1100.29(4) One who holds any combination of the permits listed in this section."30SECTION 17.(c) G.S. 18B-300.1(j) reads as rewritten:31 "(j) Interaction with Other Permits. – The Commission shall issue permits for special32 events occurring partially or entirely within the boundaries of a social district as follows:33(1) The Commission may issue special one-time permits pursuant to34G.S. 18B-1002(a)(2) or (a)(5) for events occurring on premises located35partially or entirely within the boundaries of a social district. If the event is36scheduled to occur during hours when alcoholic beverages may be consumed37in the social district, the event permittee shall, in addition to obtaining such38signed law enforcement notification as may be required under the39Commission's rules, include in such notification a statement that the event is40to occur in a social district during days and hours designated for consumption41of alcoholic beverages.42(2) A permittee holding a winery special event permit, malt beverage special43event permit, or spirituous liquor special event permit pursuant to44G.S. 18B-1114.1, 18B-1114.5, and 18B-1114.7, respectively, may sell and45serve products at special events taking place in a social district.46(3) A permittee holding a mixed beverages catering permit pursuant to47G.S. 18B-1001(12) may serve spirituous liquor to guests at events taking place48in a social district.49(4) A permittee holding a special multiple event permit pursuant to50G.S. 18B-1002.2 may hold an event in a social district."51SECTION 17.(d) G.S. 18B-603(f) reads as rewritten:House Bill 198-Fifth Edition Page 15General Assembly Of North Carolina Session 20251 "(f) Permits Not Dependent on Elections. – The Commission may issue the following2 kinds of permits without approval at an election:3…4(11) Special multiple event permits issued under G.S. 18B-1002.2."5SECTION 17.(e) G.S. 18B-900(a) reads as rewritten:6 "(a) Requirements. – To be eligible to receive and to hold an ABC permit, a person must7 satisfy all of the following requirements:8…9(8) Be current in filing all applicable tax returns to the State and in payment of all10taxes, interest, and penalties that are collectible under G.S. 105-241.22. This11subdivision does not apply to the following ABC permits:12a. Special occasion permit under G.S. 18B-1001(8).13b. Limited special occasion permit under G.S. 18B-1001(9).14c. Special one-time permit under G.S. 18B-1002.15d. Salesman permit under G.S. 18B-1111.16e. Special multiple event permit under G.S. 18B-1002.2.17 …."18SECTION 17.(f) G.S. 18B-901(b) reads as rewritten:19 "(b) Notice to Local Government. – Before issuing a retail ABC permit, other than a:20(1) Special occasion permit under G.S. 18B-1001(8);21(2) Limited special occasion permit under G.S. 18B-1001(9);22(3) Temporary permit under G.S. 18B-905; or23(4) Special one-time permit under G.S. 18B-100224 permit for an establishment, the Commission shall give notice of the permit application to the25 governing body of the city in which the establishment is located. If the establishment is not inside26 a city, the Commission shall give notice to the governing body of the county. The Commission27 shall allow the local governing body 15 days from the time the notice was mailed or delivered to28 file written objection to the issuance of the permit. To be considered by the Commission, the29 objection shall state the facts upon which it is based.30 This subsection shall not apply to the following permits:31(1) A special occasion permit under G.S. 18B-1001(8).32(2) A limited special occasion permit under G.S. 18B-1001(9).33(3) A temporary permit under G.S. 18B-905.34(4) A special one-time permit under G.S. 18B-1002.35(5) A special multiple event permit under G.S. 18B-1002.2."36SECTION 17.(g) G.S. 18B-902(d) reads as rewritten:37 "(d) Fees. – An application for an ABC permit shall be accompanied by payment of the38 following application fee:39…40(58) Special multiple event permit – $200.00."4142 REVISE REQUIREMENTS FOR RECEIVING A TEMPORARY PERMIT43SECTION 18.(a) G.S. 18B-905 reads as rewritten:44 "§ 18B-905. Temporary permits.45 When an application has been received in proper form, with the required application fee, the46 Commission may issue a temporary permit for any of the activities for which permits are47 authorized under G.S. 18B-1001 and 18B-1100. If the person has applied to the applicable local48 government for the Inspection/Zoning Compliance and Local Government Opinion forms49 required for the application but has not received approvals or denials from the local government,50 the applicant may submit a sworn affidavit with the application stating that the person has applied51 to the local government for the Inspection/Zoning Compliance and Local Government OpinionPage 16 House Bill 198-Fifth EditionGeneral Assembly Of North Carolina Session 20251 approvals in lieu of those approvals. The person shall send the local government approvals or2 denials to the Commission within three business days of receiving the approvals or denials. A3 temporary permit may be revoked summarily by the Commission without complying with the4 provisions of Chapter 150B. Revocation of a temporary permit or withdrawal by the Commission5 of a pending application by a permittee possessing a temporary permit shall be effective upon6 service of the notice of revocation or withdrawal upon the permittee at either the permittee's7 residence or the address given for the business in the permit application or upon the expiration8 of five business days after the notice of the revocation or withdrawal has been mailed to the9 permittee at either the permittee's residence or the address given for the business in the permit10 application. No further notice shall be required."11SECTION 18.(b) This section becomes effective October 1, 2026, and applies to12 applications received on or after that date.1314 REVISE LAW REGULATING THE SALE AND DELIVERY OF MORE THAN ONE15 DRINK AT A TIME TO A SINGLE PATRON16SECTION 19.(a) G.S. 18B-1010(a) reads as rewritten:17 "(a) Except as otherwise provided in this section, the holder of an on-premises malt18 beverage permit, on-premises unfortified wine permit, on-premises fortified wine permit, or19 mixed beverages permit issued under G.S. 18B-1001 permit, or a permittee otherwise authorized20 to sell malt beverages, unfortified wine, fortified wine, or mixed beverages for on-premises21 consumption, may sell and deliver not more than two alcoholic beverage drinks at one time to a22 single patron with the following limitations:patron.23(1) Not more than two alcoholic beverage drinks at one time if the alcoholic24beverage drinks are any of the following:25a. A malt beverage.26b. Unfortified wine.27c. Fortified wine.28(2) Not more than one alcoholic beverage at one time if an alcoholic beverage29drink is a mixed beverage or contains spirituous liquor."30SECTION 19.(b) G.S. 18B-1001(10) reads as rewritten:31"(10) Mixed Beverages Permit. – A mixed beverages permit authorizes the retail32sale of mixed beverages for consumption on the premises. The permit also33authorizes a mixed beverages permittee to obtain an antique spirituous liquor34permit under subdivision (20) of this section and to use for culinary purposes35spirituous liquor lawfully purchased for use in mixed beverages. The permit36may be issued for any of the following:37a. Restaurants.38b. Hotels.39c. Private clubs.40d. Convention centers.41e. Community theatres.42f. Nonprofit organizations.43g. Political organizations.44h. Sports and entertainment venues.45i. Bars.46j. The holder of a distillery permit authorized under G.S. 18B-1105.47k. Breweries.48l. Wineries.49Additionally, a mixed beverages permit authorizes a permittee that is a50restaurant, hotel, private club, bar, brewery, winery, or the holder of a51distillery permit to sell at retail mixed beverages for consumption off theHouse Bill 198-Fifth Edition Page 17General Assembly Of North Carolina Session 20251premises, including delivery by the permittee or a delivery service permittee.2A mixed beverage sold for consumption off the premises must be sold with3food and shall be (i) a premixed cocktail in the manufacturer's original closed4container, or (ii) packaged in a container with a secure lid or cap, and in a5manner designed to prevent consumption without removal of the lid or cap.6The container shall be no greater than 24 fluid ounces. In accordance with7G.S. 20-138.7, the transportation of a mixed beverage in a motor vehicle shall8not be unlawful if the container is an unopened manufacturer's original9container or is transported in a locked container, in the trunk, or in the area10behind the last upright seat in a motor vehicle not equipped with a trunk.11Notwithstanding G.S. 18B-1010, the sale of more than one mixed beverage12drink two mixed beverage drinks at one time shall not be unlawful if the mixed13beverage drinks are sold for delivery or consumption off the permittee's14premises. No mixed beverage ordered for off-premises consumption shall be15provided to any person other than the purchaser of the mixed beverage, except16that in the case of delivery, the delivery service permittee through its17employees or agents may provide the mixed beverage to a person other than18the purchaser if the permittee or the permittee's employees or agents verify19that the person is over 21 years of age using age verification software requiring20the recipient to provide a form of photographic identification authorized in21G.S. 18B-302(d)(1)."22SECTION 19.(c) This section becomes effective October 1, 2026, and applies to23 alcoholic beverages sold on or after that date.2425 ALLOW THE SALE OF MULTIPLE ALCOHOLIC BEVERAGE DRINKS TO A26 SINGLE PATRON IN A VESSEL27SECTION 20.(a) G.S. 18B-1010 is amended by adding a new subsection to read:28 "(c) The holder of an on-premises malt beverage permit, on-premises unfortified wine29 permit, on-premises fortified wine permit, or mixed beverages permit, or a permittee otherwise30 authorized to sell malt beverages, unfortified wine, fortified wine, or mixed beverages for31 on-premises consumption, may sell and deliver up to six alcoholic beverage drinks at one time32 to a single patron for on-premises consumption if the alcoholic beverage drinks are in the33 manufacturer's original unopened container and delivered to the patron in a single vessel."34SECTION 20.(b) The Revisor of Statutes shall replace all references to35 "G.S. 18B-1010" with "G.S. 18B-1010(a)" in G.S. 18B-300.1(f), 18B-1001, and 18B-1001.5(g).3637 MODIFY REQUIREMENTS FOR TOURISM ABC ESTABLISHMENTS38SECTION 21. G.S. 18B-101(14a) reads as rewritten:39"(14a) "Tourism ABC establishment" means a restaurant or hotel that is in a county40in which the on-premises or off-premises sale of malt beverages or unfortified41wine is authorized in at least one city and that meets both either of the42following requirements:43a. Is located on property, a property line of which is located within 1.544miles 2 miles of the end of an entrance or exit ramp of a junction on a45national scenic parkway designed to attract local, State, national, and46international tourists between the State line and Milepost 469,47provided that the Eastern Band of Cherokee Indians tribal alcoholic48beverage control commission established under G.S. 18B-112 shall49have exclusive authority to issue permits pursuant to this subdivision50between Milepost 460 and the southern terminus of the national scenicPage 18 House Bill 198-Fifth EditionGeneral Assembly Of North Carolina Session 20251byway at Milepost 469 for any restaurant or hotel that is located2wholly on Indian Country lands.3b. Is located in a county in which the on-premises or off-premises sale of4malt beverages or unfortified wine is authorized in at least one city.on5property, a property line of which is located within 3 miles of the State6line, that is adjacent to a North Carolina scenic byway."78 CLEANING OF DRAFT LINES9SECTION 22.(a) G.S. 18B-1116(a)(4) reads as rewritten:10"(4) Provide or offer to provide draft line cleaning services (i) to an alcoholic11beverage retailer unless the retailer pays the fair market value for such12services.at a different cost per line than to another alcoholic beverage retailer13or (ii) to some alcoholic beverage retailers but not others. Nothing in this14subdivision shall require any manufacturer, bottler, or wholesaler of any15alcoholic beverages, or any officer, director, or affiliate thereof, to provide or16offer to provide draft line cleaning services."17SECTION 22.(b) G.S. 18B-1003 is amended by adding a new subsection to read:18 "(e) Draft Line Cleaning. – Any permittee that provides draft alcoholic beverages shall19 ensure that draft lines are cleaned on a regular basis and shall maintain a record of each date of20 cleaning and the person or entity that performed the cleaning for at least 12 months."21SECTION 22.(c) This section becomes effective October 1, 2026.2223 ALLOW ABC COMMISSION TO REQUIRE REAL-TIME REPORTING24SECTION 23. G.S. 18B-205 reads as rewritten:25 "§ 18B-205. Accounts and reports required.26 (a) Accounts and Reports. – The Commission may require local boards to submit27 quarterly mixed beverage reports, quarterly and annual audits, monthly sales records, and any28 other reports or audits relating to the operations of the local ABC systems.29 (b) Accounting System. – The Commission may require local boards to use generally30 accepted accounting standards and a chart of accounts prescribed by the Commission in the31 operation of ABC stores, and to record all information necessary and useful to the Commission32 in auditing the operation of ABC systems and administering the ABC law.33 (c) Audits. – The Commission may audit the operation of any local ABC store or board,34 and the books of those stores and boards shall remain open to the Commission for inspection.35 (d) Real-Time Reporting. – The Commission may require local boards to submit daily,36 weekly, and monthly sales data to a designated vendor in real time. A local board may satisfy37 this requirement by connecting or integrating the point-of-sale system used in its ABC stores38 with the designated vendor."3940 ALLOW CERTAIN ABC PERMITTEES TO PREPARE MIXED BEVERAGES FOR41 CONSUMER TASTINGS IN ABC STORES42SECTION 24. G.S. 18B-1114.7(c) reads as rewritten:43 "(c) Additional Limitations on Tastings in ABC Stores. – Consumer tastings conducted in44 an ABC store shall have the following additional limitations:45…46(4) Notwithstanding subdivision (3) of subsection (b) of this section, the total47amount of the tasting samples offered to and consumed by each consumer at48a consumer tasting event shall not exceed one-half ounce of spirituous liquor49in any calendar day.day, including any spirituous liquor in mixed beverages50offered for consumer tasting pursuant to subdivision (4a) of this subsection.House Bill 198-Fifth Edition Page 19General Assembly Of North Carolina Session 20251(4a) The permit holder conducting the event may prepare and offer for tasting2mixed beverages containing the spirituous liquor offered for tasting at the3ABC store. A mixed beverage offered for tasting pursuant to this subdivision4shall contain no more than 0.25 ounces of spirituous liquor.5…."67 MODIFY THE PROHIBITIONS ON ABC PERMITTEES EMPLOYING CERTAIN8 INDIVIDUALS9SECTION 25.(a) G.S. 18B-1003(c) reads as rewritten:10 "(c) Certain Employees Prohibited. – A permittee shall not knowingly employ in the sale11 or distribution of alcoholic beverages any person who has been:12(1) Convicted of a felony within three years;13(2) Convicted of a felony more than three years previously and has not had his14the person's citizenship restored;15(3) Convicted of an alcoholic beverage offense within two years; or16(4) Convicted of a misdemeanor controlled substances offense within two years;17(5) A past permit holder under Chapter 18B of the General Statutes whose permit18had been revoked within the last 18 months and who had been the permit19holder at the location where the person would be employed.20 For purposes of this subsection, "conviction" has the same meaning as in G.S. 18B-900(b).21 To avoid undue hardship, the Commission may, in its discretion, exempt persons on a22 case-by-case basis from this subsection. If the Commission has notified a permittee of a potential23 violation of this subsection and the permittee claims undue hardship within 30 days of receipt of24 the notification, the permittee may continue to employ the person in question until the final25 determination of undue hardship."26SECTION 25.(b) The ABC Commission shall adopt rules to amend its rules27 consistent with this section.28SECTION 25.(c) This section is effective when it becomes law and applies to29 individuals employed by ABC permittees and undue hardship proceedings on or after that date.3031 ALLOW OFF-PREMISES WINE TASTINGS32SECTION 26. G.S. 18B-1001, as amended by Section 9 of this act, reads as33 rewritten:34 "§ 18B-1001. Kinds of ABC permits; places eligible.35 When the issuance of the permit is lawful in the jurisdiction in which the premises are located,36 the Commission may issue the following kinds of permits:37…38(3) On-Premises Unfortified Wine Permit. – An on-premises unfortified wine39permit authorizes (i) the retail sale of unfortified wine for consumption on the40premises, either alone or mixed with other beverages, (ii) the retail sale of41unfortified wine in the manufacturer's original container for consumption off42the premises, and (iii) the retail sale of unfortified wine dispensed from a tap43connected to a pressurized container utilizing carbon dioxide or similar gas44into a cleaned and sanitized container that is filled or refilled and sealed for45consumption off the premises and that identifies the permittee and the date the46container was filled or refilled. refilled, and (iv) wine tastings conducted at a47consumer's private residence or a location not holding a permit under this48section where consumers are educated about selection, serving, and storing of49wine by the permittee or the permittee's employee or agent utilizing wine from50the permit holder's inventory and consumers may purchase wine for future51delivery or pick-up at the permittee's permitted premises. The permit alsoPage 20 House Bill 198-Fifth EditionGeneral Assembly Of North Carolina Session 20251authorizes the permittee to transfer unfortified wine, not more than four times2per calendar year, to another on-premises unfortified wine permittee that is3under common ownership or control as the transferor. Except as authorized4by this subdivision, transfers of wine by on-premises unfortified wine5permittees, purchases of wine by a retail permittee from another retail6permittee for the purpose of resale, and sale of wine by a retail permittee to7another retail permittee for the purpose of resale are unlawful. In addition, a8particular brand of wine may be transferred only if both the transferor and9transferee are located within the territory designated between the winery and10the wholesaler on file with the Commission. Prior to or contemporaneous with11any such transfer, the transferor shall notify each wholesaler who distributes12the transferred product of the transfer. The notice shall be in writing or13verifiable electronic format and shall identify the transferor and transferee, the14date of the transfer, quantity, and items transferred. The holder of the permit15is authorized to ship unfortified wine in closed containers to individual16purchasers inside and outside the State. Orders received by a winery by17telephone, Internet, mail, facsimile, or other off-premises means of18communication shall be shipped pursuant to a wine shipper permit and not19pursuant to this subdivision. The permit may be issued for any of the20following:21a. Restaurants.22b. Hotels.23c. Eating establishments.24d. Private clubs.25e. Convention centers.26f. Cooking schools.27g. Community theatres.28h. Wineries.29i. Wine producers.30j. Retail businesses.31k. Sports and entertainment venues.32l. Bars.33m. The holder of a distillery permit authorized under G.S. 18B-1105.34n. Breweries.35Additionally, an on-premises unfortified wine permit authorizes a permittee36that is a restaurant, eating establishment, hotel, private club, bar, brewery,37winery, or wine producer to sell at retail single-serving unfortified wine drinks38for consumption off the premises, including delivery by the permittee or a39delivery service permittee. Single-serving unfortified wine drinks sold for40consumption off the premises must be sold with food and shall be packaged41in a container with a secure lid or cap and in a manner designed to prevent42consumption without removal of the lid or cap. The container shall be no43greater than 24 fluid ounces. In accordance with G.S. 20-138.7, the44transportation of single-serving unfortified wine drinks in a motor vehicle45shall not be unlawful if the container is an unopened manufacturer's original46container or is transported in a locked container, in the trunk, or in the area47behind the last upright seat in a motor vehicle not equipped with a trunk.48Notwithstanding G.S. 18B-1010, the sale of more than two single-serving49unfortified wine drinks at one time shall not be unlawful if the single-serving50unfortified wine drinks are sold for delivery or consumption off the permittee's51premises. No single-serving unfortified wine by the drink ordered forHouse Bill 198-Fifth Edition Page 21General Assembly Of North Carolina Session 20251off-premises consumption shall be provided to any person other than the2purchaser of the single-serving unfortified wine drink, except that in the case3of delivery, the delivery service permittee through its employees or agents4may provide the single-serving unfortified wine drink to a person other than5the purchaser if the permittee or the permittee's employees or agents verify6that the person is over 21 years of age using age verification software requiring7the recipient to provide a form of photographic identification authorized in8G.S. 18B-302(d)(1).9…10(16) Wine Shop Permit. – A wine shop permit authorizes (i) the retail sale of malt11beverages, unfortified wine, and fortified wine in the manufacturer's original12container for consumption off the premises, (ii) the retail sale of malt13beverages or unfortified wine dispensed from a tap connected to a pressurized14container utilizing carbon dioxide or similar gas in a cleaned and sanitized15container that is filled or refilled and sealed for consumption off the premises16and that identifies the permittee and the date the container was filled or17refilled, and (iii) wine tastings on the premises conducted and supervised by18the permittee in accordance with subdivision (15) of this section. section, and19(iv) wine tastings conducted at a consumer's private residence or a location20not holding a permit under this section where consumers are educated about21selection, serving, and storing of wine by the permittee or the permittee's22employee or agent utilizing wine from the permit holder's inventory and23consumers may purchase wine for future delivery or pick-up at the permittee's24permitted premises. It also authorizes the holder of the permit to ship malt25beverages, unfortified wine, and fortified wine in closed containers to26individual purchasers inside and outside the State. The permit may be issued27for retail businesses whose primary purpose is selling malt beverages and wine28for consumption off the premises and regularly and customarily educating29consumers through tastings, classes, and seminars about the selection, serving,30and storing of wine. The holder of the permit is authorized to sell unfortified31wine for consumption on the premises, provided that, except as otherwise32provided in this subdivision, the sale of wine for consumption on the premises33does not exceed forty percent (40%) of the establishment's total sales for any3430-day period. The holder of a wine-tasting permit not engaged in the35preparation or sale of food on the premises is not subject to Part 6 of Article 836of Chapter 130A of the General Statutes. A holder of a wine shop permit shall37also be eligible to hold a malt beverage shop permit under38G.S. 18B-1001(16a). If the holder of a wine shop permit also holds a malt39beverage shop permit, then the sales of alcoholic beverages for consumption40on the premises may not exceed forty percent (40%) of the establishment's41total sales for any 30-day period.42…."4344 ON-PREMISES SALES AT WINERIES AND BREWERIES45SECTION 27.(a) G.S. 18B-1001, as amended by Section 26 of this act, reads as46 rewritten:47 "§ 18B-1001. Kinds of ABC permits; places eligible.48 When the issuance of the permit is lawful in the jurisdiction in which the premises are located,49 the Commission may issue the following kinds of permits:50(1) On-Premises Malt Beverage Permit. – An on-premises malt beverage permit51authorizes (i) the retail sale of malt beverages for consumption on thePage 22 House Bill 198-Fifth EditionGeneral Assembly Of North Carolina Session 20251premises, either alone or mixed with other beverages, (ii) the retail sale of malt2beverages in the manufacturer's original container for consumption off the3premises, and (iii) the retail sale of malt beverages in a cleaned and sanitized4container that is filled or refilled and sealed for consumption off the premises5and that identifies the permittee and the date the container was filled or6refilled. The permit also authorizes the permittee to transfer malt beverages,7not more than four times per calendar year, to another on-premises malt8beverage permittee that is under common ownership or control as the9transferor. Except as authorized by this subdivision, transfers of malt10beverages by on-premises malt beverage permittees, purchases of malt11beverages by a retail permittee from another retail permittee for the purpose12of resale, and sales of malt beverages by a retail permittee to another retail13permittee for the purpose of resale are unlawful. In addition, a particular brand14of malt beverages may be transferred only if both the transferor and transferee15are located within the territory designated between the brewery and the16wholesaler on file with the Commission. Prior to or contemporaneous with17any such transfer, the transferor shall notify each wholesaler who distributes18the transferred product of the transfer. The notice shall be in writing or19verifiable electronic format and shall identify the transferor and transferee, the20date of the transfer, quantity, and items transferred. It also authorizes the21holder of the permit to ship malt beverages in closed containers to individual22purchasers inside and outside the State. The permit may be issued for any of23the following:24a. Restaurants.25b. Hotels.26c. Eating establishments.27d. Food businesses.28e. Retail businesses.29f. Private clubs.30g. Convention centers.31h. Community theatres.32i. Breweries as authorized by subdivisions (7)(7), (7b), and (8) of33G.S. 18B-1104(a).34j. Sports and entertainment venues.35k. Bars.36l. The holder of a distillery permit authorized under G.S. 18B-1105.37m. Wineries as authorized by G.S. 18B-1101(5a) and G.S. 18B-1102(5a).38…39(3) On-Premises Unfortified Wine Permit. – An on-premises unfortified wine40permit authorizes (i) the retail sale of unfortified wine for consumption on the41premises, either alone or mixed with other beverages, (ii) the retail sale of42unfortified wine in the manufacturer's original container for consumption off43the premises, (iii) the retail sale of unfortified wine dispensed from a tap44connected to a pressurized container utilizing carbon dioxide or similar gas45into a cleaned and sanitized container that is filled or refilled and sealed for46consumption off the premises and that identifies the permittee and the date the47container was filled or refilled, and (iv) wine tastings conducted at a48consumer's private residence or a location not holding a permit under this49section where consumers are educated about selection, serving, and storing of50wine by the permittee or the permittee's employee or agent utilizing wine from51the permit holder's inventory and consumers may purchase wine for futureHouse Bill 198-Fifth Edition Page 23General Assembly Of North Carolina Session 20251delivery or pick-up at the permittee's permitted premises. The permit also2authorizes the permittee to transfer unfortified wine, not more than four times3per calendar year, to another on-premises unfortified wine permittee that is4under common ownership or control as the transferor. Except as authorized5by this subdivision, transfers of wine by on-premises unfortified wine6permittees, purchases of wine by a retail permittee from another retail7permittee for the purpose of resale, and sale of wine by a retail permittee to8another retail permittee for the purpose of resale are unlawful. In addition, a9particular brand of wine may be transferred only if both the transferor and10transferee are located within the territory designated between the winery and11the wholesaler on file with the Commission. Prior to or contemporaneous with12any such transfer, the transferor shall notify each wholesaler who distributes13the transferred product of the transfer. The notice shall be in writing or14verifiable electronic format and shall identify the transferor and transferee, the15date of the transfer, quantity, and items transferred. The holder of the permit16is authorized to ship unfortified wine in closed containers to individual17purchasers inside and outside the State. Orders received by a winery by18telephone, Internet, mail, facsimile, or other off-premises means of19communication shall be shipped pursuant to a wine shipper permit and not20pursuant to this subdivision. The permit may be issued for any of the21following:22a. Restaurants.23b. Hotels.24c. Eating establishments.25d. Private clubs.26e. Convention centers.27f. Cooking schools.28g. Community theatres.29h. Wineries.30i. Wine producers.31j. Retail businesses.32k. Sports and entertainment venues.33l. Bars.34m. The holder of a distillery permit authorized under G.S. 18B-1105.35n. Breweries.Breweries as authorized by subdivisions (7) and (7c) of36G.S. 18B-1104(a).37Additionally, an on-premises unfortified wine permit authorizes a permittee38that is a restaurant, eating establishment, hotel, private club, bar, brewery,39winery, or wine producer to sell at retail single-serving unfortified wine drinks40for consumption off the premises, including delivery by the permittee or a41delivery service permittee. Single-serving unfortified wine drinks sold for42consumption off the premises must be sold with food and shall be packaged43in a container with a secure lid or cap and in a manner designed to prevent44consumption without removal of the lid or cap. The container shall be no45greater than 24 fluid ounces. In accordance with G.S. 20-138.7, the46transportation of single-serving unfortified wine drinks in a motor vehicle47shall not be unlawful if the container is an unopened manufacturer's original48container or is transported in a locked container, in the trunk, or in the area49behind the last upright seat in a motor vehicle not equipped with a trunk.50Notwithstanding G.S. 18B-1010, the sale of more than two single-serving51unfortified wine drinks at one time shall not be unlawful if the single-servingPage 24 House Bill 198-Fifth EditionGeneral Assembly Of North Carolina Session 20251unfortified wine drinks are sold for delivery or consumption off the permittee's2premises. No single-serving unfortified wine by the drink ordered for3off-premises consumption shall be provided to any person other than the4purchaser of the single-serving unfortified wine drink, except that in the case5of delivery, the delivery service permittee through its employees or agents6may provide the single-serving unfortified wine drink to a person other than7the purchaser if the permittee or the permittee's employees or agents verify8that the person is over 21 years of age using age verification software requiring9the recipient to provide a form of photographic identification authorized in10G.S. 18B-302(d)(1).11…."12SECTION 27.(b) G.S. 18B-1101 reads as rewritten:13 "§ 18B-1101. Authorization of unfortified winery permit.14 The holder of an unfortified winery permit may:15…16(5) Regardless of the results of any local wine election, sell the wine owned by17the winery at the winery for on- or off-premise consumption upon obtaining18the appropriate permit under G.S. 18B-1001;19(5a) Regardless of the results of any local malt beverage election, sell malt20beverages for on-premise consumption upon obtaining the appropriate permit21under G.S. 18B-1001;22…."23SECTION 27.(c) G.S. 18B-1102 reads as rewritten:24 "§ 18B-1102. Authorization of fortified winery permit.25 The holder of a fortified winery permit may:26…27(5) Regardless of the results of any local wine election, sell the winery's wine for28on-or on- or off-premise consumption upon obtaining the appropriate permit29under G.S. 18B-1001.30(5a) Regardless of the results of any local malt beverage election, sell malt31beverages for on-premise consumption upon obtaining the appropriate permit32under G.S. 18B-1001.33 …."34SECTION 27.(d) G.S. 18B-1104 reads as rewritten:35 "§ 18B-1104. Authorization of brewery permit.36 (a) Authorized Acts. – The holder of a brewery permit may:37…38(7) In an area where the sale of any type of alcoholic beverage is authorized by39law, and upon receiving the appropriate permit under G.S. 18B-1001, sell at40the brewery, and any additional retail location authorized under subdivision41(8) of this subsection, any or all of the following:42a. The brewery's malt beverages that have been approved by the43Commission for sale in North Carolina.44b. Malt beverages manufactured by the permittee in some other state that45have been approved by the Commission for sale in North Carolina.46c. Any other alcoholic beverages approved by the Commission for sale47in North Carolina, if sale of the alcoholic beverage is otherwise48authorized in that area.49(7a) Repealed by Session Laws 2019-182, s. 21(a), effective October 1, 2019.House Bill 198-Fifth Edition Page 25General Assembly Of North Carolina Session 20251(7b) Regardless of the results of any local malt beverage election, sell the malt2beverages owned by the brewery at the brewery for on- or off-premise3consumption upon obtaining the appropriate permit under G.S. 18B-1001.4(7c) Regardless of the results of any local unfortified wine election, sell unfortified5wine for on-premise consumption upon obtaining the appropriate permit6under G.S. 18B-1001.7…."89 ALLOW ABC PERMITTEES TO PURCHASE SPIRITUOUS LIQUOR FROM10 DESIGNATED ABC STORES IN ADJACENT COUNTIES11SECTION 28.(a) G.S. 18B-404 reads as rewritten:12 "§ 18B-404. Additional provisions for purchase and transportation by mixed beverage13permittees.14 …15 (c) Designated Store. – A mixed beverage permittee may purchase spirituous liquor from16 an any ABC store that is designated as a mixed beverage ABC store operated by any local board17 operating in the same county as the permittee.permittee or any adjacent county.18 (c1) Non-Solicitation. – A local board shall not solicit any mixed beverage permittee to19 purchase spirituous liquor except for permittees located within the board's jurisdiction.20 …21 (f) Delivery Service. – A local board shall offer make available delivery service to mixed22 beverage permittees. permittees operating in the same jurisdiction as the local board. A local23 board may provide delivery service to mixed beverage permittees operating in the same county24 in which the local board is located or any adjacent county. In providing delivery of purchased25 products to mixed beverage permittees, the local board may use its employees or contract with26 one or more independent contractors and may charge a fee to the permittee. A local board in a27 Tier 1 or Tier 2 county, as defined in G.S. 143B-472.35(a2)(18), may request an exemption to28 this requirement from the ABC Commission. The Commission shall grant the request if the local29 board can show evidence of unreasonable hardship or difficulty incurred by implementing30 delivery service."31SECTION 28.(b) G.S. 18B-600 reads as rewritten:32 "§ 18B-600. Places eligible to hold alcoholic beverage elections.33 …34 (e) City Mixed Beverage Elections. – A city may hold a mixed beverage election if the35 city has at least 500 registered voters. Provided, that if a city that qualifies for an election under36 this subsection approves the sale of mixed beverages, a mixed beverages permittee in the city37 may purchase liquor from an ABC store that is designated as a mixed beverage ABC store38 operated by any local board operating in the same county as the permittee.permittee or any39 adjacent county.40 (e1) Small City Mixed Beverage Elections. – A city may also hold a mixed beverage41 election if the city has at least 200 registered voters and is located in a county with at least one42 other city that has approved the sale of mixed beverages. Provided, that if a city that qualifies for43 an election under this subsection approves the sale of mixed beverages, a mixed beverages44 permittee in the smaller city may purchase liquor from an ABC store that is designated as a mixed45 beverage ABC store operated by any local board operating in the same county as the46 permittee.permittee or any adjacent county.47 …48 (e4) Multicounty/City ABC Elections. – If a city is located in two or more counties, the49 following provisions shall apply:50…Page 26 House Bill 198-Fifth EditionGeneral Assembly Of North Carolina Session 20251(3) If an election is held by a city under this subsection, all of the city voters may2vote in the election. If the vote is for approval, alcoholic beverages may be3sold on the basis of that approval and under the provisions of this Chapter. If4the sale of mixed beverages is approved, a mixed beverage permittee may5purchase liquor from an ABC store that is designated as a mixed beverage6ABC store operated by any local board operating in the same county as the7permittee. permittee or any adjacent county. The remaining gross receipts8shall be distributed in accordance with existing law applicable to those ABC9stores, except that after the applicable distributions have been made pursuant10to G.S. 18B-805(b), (c), and (d), the local share of the mixed beverages11surcharge and the guest room cabinet surcharge required by12G.S. 18B-804(b)(8) and (9) shall be distributed one-half to the general fund of13the city where the mixed beverage permittees are located and one-half to the14local ABC boards from whose stores liquor is purchased.15(e5) Small Resort Town ABC Elections. – A town may hold a mixed beverage election if16 it:17(1) Was incorporated after 1990 and prior to the effective date of this subsection;18(2) Has at least 100 residents;19(3) Is located in a county that borders another state and that has two other20municipalities which have ABC stores; and21(4) At the time of the election, has corporate boundaries that border or include22land in three counties.23 Provided, that if a town that qualifies for an election under this subsection approves the sale24 of mixed beverages, a mixed beverages permittee in the town may purchase liquor from an ABC25 store that is designated as a mixed beverage ABC store operated by any local board operating in26 the same county as the permittee.permittee or any adjacent county.27 …."28SECTION 28.(c) G.S. 18B-603(h) reads as rewritten:29 "(h) Permits Based on Existing Permits. – In any county which borders on the Atlantic30 Ocean and where (i) the sale of malt beverage on and off premises, the sale of unfortified wine31 on and off premises, the sale of mixed beverages, and the operation of an ABC system has been32 allowed in at least six cities in the county, or in any county adjacent to that county in which an33 ABC system has been allowed, or (ii) the sale of malt beverage on and off premises, the sale of34 unfortified wine on and off premises, the sale of mixed beverages, and the operation of an ABC35 system has been allowed in at least eight cities in the county, the Commission may issue permits36 to sports clubs as defined in G.S. 18B-1000(8) throughout the county.37 The Commission may issue the following permits:38(1) On and Off Premises Malt Beverage;39(2) On and Off Premises Unfortified Wine;40(3) On and Off Premises Fortified Wine; or41(4) Mixed Beverages.42 The Commission may also issue on-premises malt beverage, unfortified wine, fortified wine43 and mixed beverages permits to a sports club located in a county adjacent to any county that has44 approved the sale of mixed beverages pursuant to G.S. 18B-603(d1), if the county in which the45 sports club is located borders another state and has at least one city that has approved the sale of46 mixed beverages. Sports clubs holding mixed beverages permits shall purchase their spirituous47 liquor at the nearest any ABC system store that is located in the county.county or an adjacent48 county.49 The Commission may further issue on-premises malt beverage and on-premises unfortified50 wine permits to a sports club located in a county bordering on another state that is adjacent to51 any county in which permits were issued pursuant to this subsection prior to August 1, 1993. TheHouse Bill 198-Fifth Edition Page 27General Assembly Of North Carolina Session 20251 sports clubs must be located in the unincorporated areas of a county, in which the sale of malt2 beverages and unfortified wine is not permitted, and where there are six or more municipalities3 in that county where the sale of malt beverages and unfortified wine is permitted."4SECTION 28.(d) G.S. 18B-701(a) reads as rewritten:5 "(a) Powers. – A local board shall have authority to do all of the following:6(1) Buy, sell, transport, and possess alcoholic beverages as necessary for the7operation of its ABC stores. In providing delivery of spirituous liquor to a8mixed beverages permittee, as required by in accordance with9G.S. 18B-404(f), the local board may use its employees or contract with one10or more independent contractors and may charge a fee to the permittee. A11mixed beverage permittee may contract with an independent contractor to12provide delivery of spirituous liquor from an ABC board's store or warehouse13to the permittee's premises.14…."15SECTION 28.(e) G.S. 18B-1001(12a), as amended by Section 7 of this act, reads as16 rewritten:17"(12a) Mobile Bar Services Permit. –18a. A mobile bar services permit may be issued to a business that provides19bartending services for events. The permit authorizes the permittee to20bring malt beverages, unfortified wine, fortified wine, and spirituous21liquor onto the premises of a business that is not an ABC permittee22and to serve the alcoholic beverages to guests at the event. Except as23provided in sub-subdivision b. of this subdivision, the permittee may24purchase malt beverages and unfortified wine only from a retailer. The25permittee may purchase fortified wine and spirituous liquor only from26an ABC store that is designated as a mixed beverage ABC store27operated by any local board operating in the same county where the28permittee's principal office is located. located or in any county29adjacent to the county where the permittee's principal office is located.30If the permittee's premises for storage of inventory is a residential31address, the permittee may designate an area of the premises to be used32for storage of inventory pursuant to the permit. An inspection of the33premises pursuant to G.S. 18B-502 shall extend only to the area that34the permittee has designated for storage of inventory unless the law35enforcement officer conducting the inspection has (i) a warrant to36search the residence, or (ii) probable cause to search the residence and37exigent circumstances exist.38b. The holder of a permit issued pursuant to G.S. 18B-1001(1), (3), (5),39(16), or (16a) may also hold a mobile bar services permit at the same40permitted premises. Notwithstanding sub-subdivision a. of this41subdivision, a permittee who holds both a mobile bar services permit42and a permit issued pursuant to G.S. 18B-1001(1), (3), (5), (16), or43(16a) may not obtain or serve alcoholic beverages that the permittee is44not allowed to sell under the permit or permits that the permittee holds45that are issued pursuant to G.S. 18B-1001(1), (3), (5), (16), or (16a).46The permittee shall only use as inventory for the mobile bar services47permit the permittee's inventory of alcoholic beverages lawfully48purchased from a wholesaler pursuant to the permit or permits that the49permittee holds under G.S. 18B-1001(1), (3), (5), (16), or (16a). The50mobile bar services permit shall authorize such a permittee to bring51those alcoholic beverages onto the premises of a business that is notPage 28 House Bill 198-Fifth EditionGeneral Assembly Of North Carolina Session 20251an ABC permittee and serve the alcoholic beverages to guests at the2event. Alcoholic beverages that are taken from the permittee's3inventory to an event at another premises under a mobile bar services4permit may be restored to inventory after the event if the alcoholic5beverages are still in the manufacturer's original unopened container.6c. A mobile bar services permittee may not serve alcoholic beverages7pursuant to a mobile bar services permit on the premises of any8location owned or possessed by the permittee. The permittee shall9notify the Commission, in writing, of the location of any event where10the permittee will serve alcoholic beverages not less than one week11before the event and shall have the permission of the owner or12possessor of the property on which the event is to be held. Any person13serving alcoholic beverages at the event shall be at least 21 years of14age. Alcoholic beverages may be transported by the mobile bar15services permit holder to the premises of the event no earlier than 8:0016A.M. on the day of the event. At the conclusion of the event, all17alcoholic beverages must be removed from the premises no later than1812:00 noon of the following day. A limited special occasion permit19shall not be required for an event at which alcoholic beverages are20exclusively provided by the holder of a mobile bar services permit.21The holder of a mobile bar services permit may bring alcoholic22beverages onto the premises and serve the alcoholic beverages at an23event regardless of whether there is a charge or fee for guests to attend24the event. This permit does not allow the retail sale of individual25alcoholic beverages to guests at an event."26SECTION 28.(f) G.S. 18B-1007(a) reads as rewritten:27 "(a) Purchases. – A mixed beverages permittee may purchase spirituous liquor for resale28 as mixed beverages and a guest room cabinet permittee may purchase spirituous liquor for resale29 from a guest room cabinet only at an ABC store that is designated as a mixed beverage ABC30 store operated by any local board operating in the same county as the permittee.permittee or any31 adjacent county."32SECTION 28.(g) This section is effective when it becomes law and applies to33 spirituous liquor purchased on or after that date.3435 ALLOW IN-STAND SALES AT CONCERTS36SECTION 29. G.S. 18B-1009 reads as rewritten:37 "§ 18B-1009. In-stand sales.38 (a) Nothing in this Chapter shall be construed to prohibit a retail permittee from selling39 for consumption, malt beverages in the seating areas of stadiums, ballparks, theaters,40 amphitheaters, and other similar public places with a seating capacity of 3,000 or more during41 concerts or professional sporting events, provided that:42(1) The seating areas are designated as part of the retail permittee's licensed43premises;44(2) The retail permittee has notified the Commission, in writing, of its intent to45sell malt beverages in the seating areas at concerts or sporting events;46(3) Service of food and nonalcoholic beverages is available in the seating areas;47(4) The retail permittee has certified to the Commission that it has trained its48employees:49a. To identify underage persons and intoxicated persons; and50b. To refuse to sell malt beverages to those persons as required by51G.S. 18B-305; andHouse Bill 198-Fifth Edition Page 29General Assembly Of North Carolina Session 20251(5) The employees do not verbally shout or hawk the sale of malt beverages.2 (b) The North Carolina Alcoholic Beverage Control Commission shall adopt rules for the3 suspension of alcohol sales in the latter portion of concerts or professional sporting events in4 order to protect public safety at these events."56 CREATE AUCTION HOUSE PERMIT7SECTION 30.(a) G.S. 18B-101 reads as rewritten:8 "§ 18B-101. Definitions.9 As used in this Chapter, unless the context requires otherwise:10…11(5a) "Antique spirituous liquor" means spirituous liquor that has not been in12production or bottled in the last 20 years, 10 years or has not been in inventory13in the State warehouse in the last 10 years, is in the original manufacturer's14unopened container, is not owned by a distillery, and is not otherwise available15for purchase by an ABC Board except through the special order process16pursuant to G.S. 18B-1001(20).17…18(6a) "Decorative decanter" means a manufacturer's original sealed decanter of19spirituous liquor, limited in quantities as a specialized limited run, a limited20edition, or with historical significance with the manufacturer's distillery21markings and labeling.22(6a)(6b) "Finance officer" means the local board employee, other than a general23manager, who is responsible for keeping the accounts of the local board,24receiving and depositing receipts, disbursing funds, and any other duties25assigned by the local board or Commission.26…."27SECTION 30.(b) G.S. 18B-902(d) reads as rewritten:28 "(d) Fees. – An application for an ABC permit shall be accompanied by payment of the29 following application fee:30…31(45) Special auction permit - $750.00.32…33(59) Auction house permit – $1,000."34SECTION 30.(c) G.S. 18B-1002.1 is repealed.35SECTION 30.(d) Article 10 of Chapter 18B of the General Statutes is amended by36 adding a new section to read:37 "§ 18B-1002.3. Auction house permit.38 An auction house permit may be issued upon application to an auction firm or auctioneer39 licensed by the North Carolina Auctioneers Commission pursuant to Chapter 85B of the General40 Statutes to allow the licensed auction firm or auctioneer to sell at auction items described in41 G.S. 18B-1002(a)(4) on the permittee's premises. An auction held under this section may receive42 competing bids that are in person or by telephone, fax, or online. The permittee shall store any43 auction items described in G.S. 18B-1002(a)(4) on the permittee's premises or at a secondary44 location in this State that is disclosed in the permit application."45SECTION 30.(e) G.S. 18B-603(f), as amended by Section 17(d) of this act, reads as46 rewritten:47 "(f) Permits Not Dependent on Elections. – The Commission may issue the following48 kinds of permits without approval at an election:49(1) Special occasion permits.50(2) Limited special occasion permits.Page 30 House Bill 198-Fifth EditionGeneral Assembly Of North Carolina Session 20251(3) Brown-bagging permits for private clubs and congressionally chartered2veterans organizations.3(4) Culinary permits, except as restricted by subdivision (d)(5).4(5) Special one-time permits issued under G.S. 18B-1002.5(6) All permits listed in G.S. 18B-1100.6(7) The permits authorized by G.S. 18B-1001(1), (3), (5), and (10) for tourism7ABC establishments.8(8) The permits authorized by G.S. 18B-1001(1), (3), (5), and (10) for tourism9resorts.10(9) The permits authorized by G.S. 18B-1001(1), (3), (5), and (10) for historic11ABC establishments.12(10) Special auction permits issued under G.S. 18B-1002.1.13(11) Special multiple event permits issued under G.S. 18B-1002.2.14(12) Auction house permits issued under G.S. 18B-1002.3."1516 PART IV. STATE GOVERNMENT AND LOCAL BOARD ORGANIZATIONAL17 CHANGES1819 TOWN OF ANGIER ABC BOARD DISTRIBUTIONS20SECTION 31.(a) Section 6 of Chapter 626, Session Laws of 1969, as amended by21 Chapter 144, Session Laws of 1971, reads as rewritten:22 "Sec. 6. The net profits, as determined by quarterly audit, shall be distributed and used as23 follows:24 1. Ten per cent (10%) of the net profit shall be paid to the Angier Community25 Library.allocated to recreation programs within the town limits of the Town of Angier.26 2. Ten per cent (10%) of the net profit may be used by the town Alcoholic Control27 Board, in its discretion, for educational programs as to the effect of the use of alcoholic beverages28 and for the rehabilitation of alcoholics. Whenever a person becomes an inebriate from the use of29 alcoholic beverages and has been committed by the Clerk of Court of Harnett County, as provided30 in G.S. 35-2, and such person is indigent so that expenses of his care and cure shall constitute a31 valid charge against the county, as provided in G.S. 35-2, the town Alcoholic Control Board shall32 pay to the county such charges; provided, that the town Alcoholic Control Board shall not be33 required to pay any such charges except where it has agreed with the Clerk of Superior Court to34 pay such charges prior to the person's commitment. The town Alcoholic Control Board is35 authorized to participate in and to make contributions to public and private organizations which36 have rehabilitation programs for alcoholics, when the organization and its programs have been37 approved by the board. Nothing herein shall be construed as limiting the Alcoholic Control38 Board's discretion in establishing its educational and rehabilitation program and expenditures39 therefor within the ten per cent (10%) net profits herein allocated.40 3. The remainder of the net profits shall be allocated to the general fund of the town of41 Angier. The governing body of the town is hereby authorized to appropriate such funds for any42 proper governmental purpose. Out of the funds allocated to it, the governing body of the town is43 authorized, at its discretion, to expend up to twenty-five per cent (25%) of such funds for44 recreational programs in the town."45SECTION 31.(b) Any undistributed funds accrued by the town Alcoholic Control46 Board prior to the effective date of this act for distribution to the Angier Community Library47 shall be distributed for the purpose of recreation programs within the town limits of the Town of48 Angier.4950 ADD TWO MEMBERS TO THE ABC COMMISSION51SECTION 32.(a) G.S. 18B-200 reads as rewritten:House Bill 198-Fifth Edition Page 31General Assembly Of North Carolina Session 20251 "§ 18B-200. North Carolina Alcoholic Beverage Control Commission.2 (a) Creation of Commission; compensation. – The North Carolina Alcoholic Beverage3 Control Commission is created to consist of a chairman and two four associate members. The4 Commission shall be administratively located within the Department of Public Safety but shall5 exercise its powers independently of the Secretary of Public Safety. The chairman shall devote6 his or her full time to his or her official duties and receive a salary fixed by the General Assembly7 in the Current Operations Appropriations Act. The associate members shall be compensated for8 per diem, subsistence and travel as provided in Chapter 138 of the General Statutes.9 (b) Appointment of Members. – Members The chairman of the Commission and two10 associate members shall be appointed by the Governor to serve at his pleasure.the pleasure of the11 Governor. One associate member shall be appointed by the President Pro Tempore of the Senate12 to serve at the pleasure of the President Pro Tempore and one associate member shall be13 appointed by the Speaker of the House of Representatives to serve at the pleasure of the Speaker.14 (c) Vacancy. – The Governor appointing authority shall fill any vacancy on the15 Commission by appointing a successor to serve at the Governor's pleasure. the pleasure of the16 appointing authority. If the chairman's seat becomes vacant, the Governor may designate either17 the new member or an existing member of the Commission as the chairman.18 (d) Employees. – The Commission may authorize the chairman to employ, discharge, and19 otherwise supervise subordinate personnel of the Commission. The Commission shall appoint at20 least one employee to make investigations, hold hearings requested under G.S. 18B-1205, and21 represent the Commission in contested case hearings or perform any other duties authorized by22 Chapter 150B."23SECTION 32.(b) This section becomes effective December 1, 2026.2425 ALLOW ABC COMMISSION TO CONDUCT CONTESTED CASES UNDER ARTICLE26 3A OF THE ADMINISTRATIVE PROCEDURE ACT27SECTION 33.(a) G.S. 150B-38(a) reads as rewritten:28 "(a) The provisions of this Article shall apply to:29(1) Occupational licensing agencies.30(2) The State Banking Commission, the Commissioner of Banks, and the Credit31Union Division of the Department of Commerce.32(3) The Department of Insurance and the Commissioner of Insurance.33(4) The State Chief Information Officer in the administration of the provisions of34Article 15 of Chapter 143B of the General Statutes.35(5) The North Carolina State Building Code Council and Residential Code36Council, Article 9 of Chapter 143 of the General Statutes.37(5a) The Office of the State Fire Marshal and the State Fire Marshal.38(6) Repealed by Session Laws 2018-146, s. 4.4(b), effective December 27, 2018.39(7) The North Carolina Alcoholic Beverage Control Commission."40SECTION 33.(b) This section becomes effective October 1, 2026, and applies to41 contested cases filed on or after that date.4243 PROHIBIT PRESENT MEMBERS OF CITY GOVERNING BODIES AND BOARDS OF44 COUNTY COMMISSIONERS FROM BEING APPOINTED TO SERVE ON LOCAL45 ABC BOARDS46SECTION 34.(a) G.S. 18B-700(d) reads as rewritten:47 "(d) Qualifications. – The appointing authority shall appoint members of a local board on48 the basis of the appointees' interest in public affairs, good judgment, knowledge, ability, and good49 moral character. Notwithstanding any other provision in this Article, no appointing authority50 shall appoint any present member of a city governing body or board of county commissioners to51 serve as a member on any local board."Page 32 House Bill 198-Fifth EditionGeneral Assembly Of North Carolina Session 20251SECTION 34.(b) This section is effective when it becomes law and applies to2 appointments made on or after that date. A person who is a member of a city governing body or3 board of county commissioners who is a member of a local board on the effective date of this4 section may serve the remainder of the person's term as a member of the local board.56 AMEND DISTRIBUTION OF LOCAL BOARD REVENUES FOR THE CITY OF7 SANFORD8SECTION 35. S.L. 1961-105, as amended by S.L. 1961-888, reads as rewritten:9 "…10 "Sec. 4. If a majority of the votes cast in such election shall be for the legal sale of beer and/or11 wine, then the Board of Aldermen of the City of Sanford shall issue license to sell beer and/or12 wine as defined in General Statutes 18-64 as provided in Chapter 18 Chapter 18B of the General13 Statutes notwithstanding any Public, Special, Local or Private Act to the contrary whether passed14 before or after the ratification of this Act; provided, however, in no event shall a license be issued15 to any person, firm or corporation to sell beer and/or wine for "on premises" consumption16 anywhere in the City of Sanford. Notwithstanding any other provisions of this Act, it shall be17 unlawful to sell any beer or wine in the City of Sanford when such beer or wine has been18 refrigerated to a temperature less than the general temperature of the establishment wherein the19 sale is made, and any sale of refrigerated beer or wine shall be unlawful. Notwithstanding any20 other provisions of this Act, it shall be unlawful to sell beer in individual containers containing21 less than one gallon, except when six containers are sold at the same time to the same person:22 Provided, that more than six containers may be sold to the same person at the same time when23 the number of containers is some multiple of six.24 A violation of either of the foregoing shall constitute a general misdemeanor punishable in25 the discretion of the court and a conviction or plea of nolo contendere to said charge shall operate26 to permanently revoke the license of the violator.27 …28 "Sec. 8. The City Board of Alcoholic Beverage Control shall have all the powers and duties29 prescribed for County Boards of Alcoholic Control by G. S. 18-45 and shall be subject to the30 powers and authority of the State Board of Alcoholic Control to the same extent as are County31 Boards of Alcoholic Control set forth in G. S. 18-39. local boards set forth in G.S. 18B-701. The32 City of Sanford Board of Alcoholic Control and the operation of Municipal Alcoholic Beverage33 Control Stores authorized under the provisions of this Act shall be subject to the provisions of34 Article 3 of Chapter 18 Articles 7 and 8 of Chapter 18B of the General Statutes except to the35 extent that such provisions may be in conflict with this Act. Wherever the word "County" Board36 of Alcoholic Control appears in said Article it shall apply to and include the City of Sanford37 Board of Alcoholic Control. The City of Sanford Board of Alcoholic Control shall have authority38 to employ legal counsel and such other employees as it may deem necessary and fix their39 compensation. The per diem and subsistence allowance for the City of Sanford Board of40 Alcoholic Control shall be fixed by the Board of Aldermen of the City of Sanford.41 The City of Sanford Board of Alcoholic Beverage Control may appoint one of its members,42 or any other person, as Supervisor of the system and pay such appointee an annual salary not to43 exceed six thousand dollars ($6,000.00), which shall, in the case of a board member, be in lieu44 of all other compensation for services rendered; provided, no person shall serve as Supervisor45 and Chairman. Designation or appointment by the board of one of its members as Supervisor46 shall not remove said member from the board, but if such appointment shall vacate the office of47 Chairman, the Board of Aldermen of the City of Sanford shall designate another board member48 to serve as Chairman.49 The designation of particular persons for particular terms by the Board of Aldermen of the50 City of Sanford heretofore made is ratified and confirmed.House Bill 198-Fifth Edition Page 33General Assembly Of North Carolina Session 20251 "Sec. 9. Out of the gross profits derived from the operation of said Alcoholic Beverage2 Control Stores and after the payment of all costs and operating expenses, and after obtaining3 sufficient and proper working capital, the amount thereof to be determined by the City of Sanford4 Board of Alcoholic Beverage Control, said Board shall expend an amount for law enforcement5 purposes of not less than five per cent (5%) nor more than ten per cent (10%) thereof to be6 determined by quarterly audits, which amount shall supplement and not supplant the amount7 usually budgeted for such purposes by the City of Sanford.8 Before making any other distribution, the City of Sanford Board of Alcoholic Control shall9 pay, from its gross proceeds, all costs and expenses incurred for education and law enforcement10 purposes required by G.S. 18B-805(b) and (c).11 The Board may contract with any law enforcement agency located within the jurisdiction of12 Lee County for the provision of law enforcement services related to the enforcement of the13 alcoholic beverage laws of this State within the Board's jurisdiction. Any contract entered into14 pursuant to this section shall be approved by the Board and shall set forth the scope of services,15 compensation, and terms of engagement.16 In the expenditure of said funds, the City Board of Alcoholic Control shall The Board may17 also employ one or more persons as law enforcement officer or officers to be appointed by and18 directly responsible to the said Board. The person or persons so appointed shall, after taking the19 oath prescribed by law for peace officers, have the same powers and authorities within Lee20 County as other peace officers. Any such person or persons so appointed, or any other peace21 officer while in hot pursuit of anyone found to be violating the prohibition alcohol laws of this22 State, shall have the right to go into any other county of the State and arrest such defendant23 therein so long as such hot pursuit of such person shall continue, and the common law of hot24 pursuit shall be applicable to said offenses and such officer or officers. Any law enforcement25 officer appointed by the said Board of Alcoholic Control and any other peace officer is hereby26 authorized, upon request of the sheriff or other lawful officer in any other county, to go into such27 other county and assist in suppressing a violation of the prohibition alcohol laws therein, and28 while so acting shall have such powers as a peace officer as are granted to him in Lee County29 and be entitled to all the protection provided for said officer while acting in his own County.30 Out of the net profits derived from the operation of said Alcoholic Beverage Control Stores,31 the City of Sanford Board of Alcoholic Beverage Control shall on a quarterly basis pay over32 equal amounts to the general fund of the City of Sanford and to the general fund of Lee County.33 The Board shall at all times maintain a sustainable operating budget. The Board's34 unencumbered operating reserve shall not fall below fifteen percent (15%) of the Board's total35 annual operating budget. In any quarter in which a distribution of this section would cause the36 Board's operating reserve to fall below the minimum required by this section, the Board shall37 first retain from net proceeds an amount sufficient to restore the operating reserve to the required38 minimum before making any other distributions.39 After paying all costs, operating expenses, and education and enforcement expenditures, and40 satisfying the operating reserve requirement, the Board shall distribute the remaining net41 proceeds on a quarterly basis as follows: (i) thirty percent (30%) to the general fund of Lee42 County; (ii) thirty percent (30%) to the general fund of the City of Sanford; and (iii) forty percent43 (40%) to be retained by the Board for day-to-day operating expenses, capital needs, and other44 lawful purposes of the Board.45 Any amounts which may be due the City of Sanford by way of distribution from taxes46 collected by the State of North Carolina by reason of the sales of wine or beer sold under the47 terms of this Act, instead of being paid entirely to the City of Sanford, shall be distributed as48 follows: One-half to the general fund of the City of Sanford and one-half to the general fund of49 Lee County.50 …."51Page 34 House Bill 198-Fifth EditionGeneral Assembly Of North Carolina Session 20251 PART V. RAFFLES23 REVISE LAW GOVERNING RAFFLES4SECTION 37.(a) G.S. 14-309.15 reads as rewritten:5 "§ 14-309.15. Raffles.6 (a) It is lawful for any nonprofit organization, candidate, political committee, or any7 government entity within the State, to conduct raffles in accordance with this section. Each8 regional or county chapter of a nonprofit organization is eligible to conduct raffles in accordance9 with this section independently of its parent organization. Any person who conducts a raffle in10 violation of any provision of this section is guilty of a Class 2 misdemeanor. Upon conviction11 that person shall not conduct a raffle for a period of one year. It is lawful to participate in a raffle12 conducted pursuant to this section. It is not a violation of State law to advertise a raffle conducted13 in accordance with this section. A raffle conducted pursuant to this section is not "gambling."14 For the purpose of this section, "candidate" and "political committee" have the meaning provided15 by Article 22A of Chapter 163 of the General Statutes, who have filed organization reports under16 that Article, and who are in good standing with the appropriate board of elections. Receipts and17 expenditures of a raffle by a candidate or political committee shall be reported in accordance18 with Article 22A of Chapter 163 of the General Statutes, and ticket purchases are contributions19 within the meaning of that Article.20 (b) For purposes of this section "raffle" means a The following definitions apply in this21 section:22(1) 50/50 raffle. – A raffle conducted by a nonprofit organization or any23government entity within the State whereby funds collected by sale of raffle24tickets are split evenly between the prize winner or winners and the nonprofit25organization or government entity after the raffle drawing.26(2) Candidate. – As defined in Article 22A of Chapter 163 of the General Statutes.27This term only includes candidates who have filed organization reports under28that Article and who are in good standing with the appropriate board of29elections.30(3) Net proceeds of a raffle. – The receipts less the cost of prizes awarded.31(4) Political committee. – As defined in Article 22A of Chapter 163 of the General32Statutes. This term only includes political committees that have filed33organization reports under that Article and that are in good standing with the34appropriate board of elections.35(5) Raffle. – A game in which the prize is won by random drawing of the name36or number of one or more persons purchasing chances.37 (c) A nonprofit organization may hold no more than five raffles per year.38 (d) Except as provided in subsection (g) of this section, the maximum cash prize that may39 be offered or paid for any one raffle is one hundred twenty-five thousand dollars ($125,000) and40 if merchandise is used as a prize, and it is not redeemable for cash, the maximum fair market41 value of that prize may be one hundred twenty-five thousand dollars ($125,000). The total cash42 prizes offered or paid by any nonprofit organization shall not exceed two hundred fifty thousand43 dollars ($250,000) in any calendar year. The total fair market value of all prizes offered by any44 nonprofit organization, either in cash or in merchandise that is not redeemable for cash, shall not45 exceed two hundred fifty thousand dollars ($250,000) in any calendar year.46 (e) Raffles shall not be conducted in conjunction with bingo.47 (f) As used in this subsection, "net proceeds of a raffle" means the receipts less the cost48 of prizes awarded. No less than ninety percent (90%) of the net proceeds of a raffle shall be used49 by the nonprofit organization for charitable, religious, educational, civic, or other nonprofit50 purposes. None of the net proceeds of the raffle shall be used to pay any person to conduct the51 raffle, or to rent a building where the tickets are received or sold or the drawing is conducted.House Bill 198-Fifth Edition Page 35General Assembly Of North Carolina Session 20251 (g) Real property may be offered as a prize in a raffle. Any nonprofit organization2 offering real property as a prize in a raffle shall provide the property free from all liens, provide3 an owner affidavit and indemnity agreement, and provide a title commitment for the property4 and shall make that commitment available for inspection upon request. The total appraised value5 of all real estate prizes offered by any nonprofit organization shall not exceed two million two6 hundred fifty thousand dollars ($2,250,000) in any calendar year.7 (h) Notwithstanding any other subsection of this section, it is lawful for a federally8 insured depository institution to conduct a savings promotion raffle under G.S. 53C-6-20,9 54-109.64, 54B-140, or 54C-180.10 (i) The restrictions set forth in subsections (c) through (g) of this section do not apply to11 50/50 raffles conducted by nonprofit organizations or government entities within the State."12SECTION 37.(b) This section becomes effective December 1, 2026, and applies to13 offenses committed on or after that date.1415 PART VI. SEVERABILITY CLAUSE AND EFFECTIVE DATE16SECTION 38.(a) If any provision of this act or the application thereof to any person17 or circumstances is held invalid, such invalidity shall not affect other provisions or applications18 of this act that can be given effect without the invalid provision or application and, to this end,19 the provisions of this act are declared to be severable.20SECTION 38.(b) Except as otherwise provided, this act is effective when it becomes21 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.

Rep. · R–19 · Sponsor

Rep. · R–65 · Co-sponsor

Rep. · R–70 · Co-sponsor

Rep. · R–59 · Co-sponsor

Rep. · D–103 · Co-sponsor

Rep. · R–17 · Co-sponsor

Rep. · D–101 · Co-sponsor

Rep. · R–52 · Co-sponsor

Rep. · R–111 · Co-sponsor

Rep. · R–5 · Co-sponsor
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.

History
H 198 has taken 44 actions since Feb 25, 2025, the latest on Jun 30, 2026.
| Chamber | Action | |||
|---|---|---|---|---|
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 109–1.
| Chamber | Question | 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
