ABC & Gaming Omnibus Bill.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 921
Committee Substitute Favorable 5/19/26

Short Title: ABC & Gaming Omnibus Bill. (Public)
Sponsors:
Referred to:
April 14, 2025
*H921-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO MAKE VARIO US CHANGES TO THE AL COHOL LAWS OF THIS S TATE, 2
TO REVISE THE LAW GO VERNING GAME NIGHTS, AND TO REMOVE THE 3
LIMITATIONS ON RAFFL ES FOR 50/50 RAFFLES CONDUCTED BY NONPRO FIT 4
ORGANIZATIONS OR GOVERNMENT ENTITIES. 5
The General Assembly of North Carolina enacts: 6
7
REVISE LAW GOVERNING DISPLAY OF SPIRITUOUS LIQUOR DISTILLED OR 8
PRODUCED IN NORTH CAROLINA 9
SECTION 1. G.S. 18B-800(e) reads as rewritten: 10
"(e) Each ABC store shall display spirits which are distilled or produced in North Carolina 11
in an area dedicated solely to North Carolina products.products or otherwise in the store so long 12
as the product is identified as a North Carolina product by a price tag or shelf tag." 13
14
MODIFY MOBILE BAR SERVICES PERMIT 15
SECTION 2. G.S. 18B-1001(12a) reads as rewritten: 16
"(12a) Mobile Bar Services Permit. – A mobile bar services permit may be issued to 17
a business that provides bartending services for events. The permit authorizes 18
the permittee to (i) bring malt beverages, unfortified wine, fortified wine, and 19
spirituous liquor onto the premises of a business that is not an ABC permittee 20
and to serve the alcoholic beverages to guests at the event. event and (ii) serve 21
alcoholic beverages to guests at an event occurring on premises owned or 22
possessed by the holder of the permit . The permittee may purchase malt 23
beverages and unfortified wine from either a retailer or a wholesaler. only 24
from a retailer. The permitte e may purchase fortified wine and spirituous 25
liquor only from either an ABC store or a wholesaler. The an ABC store. If 26
the permittee serves spirit uous liquor, it shall purchase only be spirituous 27
liquor purchased from an ABC store that is designated as a mixed beverage 28
ABC store operated by any local board operating in the same county where 29
the permittee's principal office is located. The permittee may not store and 30
serve alcoholic beverages pursuant to a mobile ba r services permit on the 31
premises of any location owned or possessed by the permittee. The permittee 32
shall notify the Commission, in writing, of the location of any event where the 33
permittee will serve alcoholic beverages not less than one week before the 34
event and event. If an event takes place on premises not owned or possess ed 35
by the permittee, the permittee shall have the permission of the owner or 36
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possessor of the property on which the event is to be held. Any person serving 1
alcoholic beverages at the event shall be at least 21 years of age. Alcoholic If 2
the event takes place on premises not owned or possessed by the permittee, 3
alcoholic beverages m ay be transported by the mobile bar services permit 4
holder to the premises of the event no earlier than 8:00 A.M. At A.M. on the 5
day of the event , and, at the conclusion of the event, all alcoholic beverages 6
must be removed from the premises no later than 12:00 noon of the following 7
day. A limited special occasion permit shall not be required for an event at 8
which alcoholic beverages are exclusively provided by the holder of a mobile 9
bar services permit. The holder of a mobile bar services permit may bring 10
alcoholic beverages onto the premises and serve the alcoholic beverages at an 11
event regardless of whether there is a charge or fee for guests to attend the 12
event. This permit does not allow the retail sale of individual alcoholic 13
beverages to guests at an event. A permittee shall not sell tickets or charge 14
individuals for entry to any event at which the permittee is providing mobile 15
bar services." 16
17
TOWN OF ANGIER ABC BOARD DISTRIBUTIONS 18
SECTION 3.(a) Section 6 of Chapter 626, Session Laws of 1969, as amended by 19
Chapter 144, Session Laws of 1971, reads as rewritten: 20
"Sec. 6. The net profits, as determined by quarterly audit, shall be distributed and used as 21
follows: 22
1. Ten per cent (10%) of the net pr ofit shall be paid to the Angier Community 23
Library.allocated to recreation programs within the town limits of the Town of Angier. 24
2. Ten per cent (10%) of the net profit may be used by the town Alcoholic Control 25
Board, in its discretion, for educational programs as to the effect of the use of alcoholic beverages 26
and for the rehabilitation of alcoholics. Whenever a person becomes an inebriate from the use of 27
alcoholic beverages and has been committed by the Clerk of Court of Harnett County, as provided 28
in G.S. 35-2, and such person is indigent so that expenses of his care and cure shall constitute a 29
valid charge against the county, as provided in G.S. 35-2, the town Alcoholic Control Board shall 30
pay to the county such charges; provided, that the town Alcoholi c Control Board shall not be 31
required to pay any such charges except where it has agreed with the Clerk of Superior Court to 32
pay such charges prior to the person's commitment. The town Alcoholic Control Board is 33
authorized to participate in and to make contributions to public and private organizations which 34
have rehabilitation programs for alcoholics, when the organization and its programs have been 35
approved by the board. Nothing herein shall be construed as limiting the Alcoholic Control 36
Board's discretion in establishing its educational and rehabilitation program and expenditures 37
therefor within the ten per cent (10%) net profits herein allocated. 38
3. The remainder of the net profits shall be allocated to the general fund of the town of 39
Angier. The governing body of the town is hereby authorized to appropriate such funds for any 40
proper governmental purpose. Out of the funds allocated to it, the governing body of the town is 41
authorized, at its discretion, to expend up to twenty -five per cent (25%) of such fun ds for 42
recreational programs in the town." 43
SECTION 3.(b) Any undistributed funds accrued by the town Alcoholic Control 44
Board prior to the effective date of this act for distribution to the Angier Community Library 45
shall be distributed for the purpose of recreation programs within the town limits of the Town of 46
Angier. 47
48
ALLOW MIXED BEVERAGE PERMITTEES TO PURCHASE SPIRITUOUS LIQUOR 49
FROM ANY DESIGNATED ABC STORE IN THE STATE IF THE PERMITTEE'S 50
LOCAL BOARD CANNOT FULFILL AN ORDER 51
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SECTION 4.(a) G.S. 18B-800(c2) reads as rewritten: 1
"(c2) Orders of Eligible Distillery Products by Mixed Beverages Permittees. – A local 2
board shall fulfill an order by a mixed beverages permittee for individual bottles or cases of 3
spirituous liquor produced by an eligible a distillery that are listed as a regular code item for sale 4
in the State. If a local board cannot fulfill an order of a mixed beverages permittee for individual 5
bottles or cases of spirituous liquor produced by an eligible a distillery that are listed as a regular 6
code item for sale in the State because the product ordered is not in the local board's stock 7
inventory or the order cannot otherwise be fulfilled within the time period requested by the 8
permittee, the either of the following shall occur: 9
(1) The p ermittee may r equest to have an eligible distillery that produces the 10
ordered product ship the product directly to the local board. The local board 11
shall notify the Commission within 48 hours of the request for the order and 12
request authorization for direct shipment. The Commission shall then 13
determine if the eligible distillery desires to directly ship the ordered product 14
directly to the local board, and if so so, the Commission shall authorize the 15
eligible distillery to ship the spirituous liquor ordered to the local board for 16
the fulfillment of the mixed beverages permittee's order. Merchandise 17
authorized to be shipped by direct shipment under this subsection subdivision 18
shall be consigned by the State ABC warehouse to the distiller's account in 19
care of the local board. The local board shall acknowledge receipt of the 20
merchandise on the shipping documents and forward them to the State ABC 21
warehouse for processing through the accounting system as though the 22
merchandise were shipped from the State ABC warehouse. As used in this 23
subsection, subdivision, an "eligible distillery" is a distillery (i) that sells, to 24
consumers at the distillery, t o exporters, to local boards, and to private or 25
public agencies or establishments of other states or nations, fewer than 10,000 26
proof gallons of in -house brand spirituous liquors distilled or produced and 27
manufactured by it at the permit holder's distiller y per year, and (ii) that is 28
either the holder of a distillery permit pursuant to G.S. 18B-1105 or is a 29
business located outside the State that is licensed or permitted to manufacture 30
spirituous liquor in the jurisdiction where the business is located and whose 31
products are lawfully sold in this State. 32
(2) If the permittee does not request direct shipment pursuant to subdivision (1) 33
of this subsection, the local board shall provide a waiver to be obtained by the 34
permittee in person at the ABC store with the portion of the permittee's order 35
that the local board was able to fulfill, if any. The waiver shall authorize the 36
permittee to purchase the product from any other ABC store in the State that 37
is designated as a mixed beverage ABC store pursuant to G.S. 18B-404(c). 38
The Commission shall create a standard waiver form to include the name of 39
the permittee and the permittee 's establishment, the permit number of the 40
permitted establishment, the name and code item of the ordered product , the 41
date on which the local board was unable to fulfill the order, and the signature 42
of a representative of the local board that could not fulfill the order or the 43
manager of the ABC store that provided the waiver form. The waiver shall be 44
valid for 90 calendar days from the date of issuance. The permittee may 45
purchase the ordered product as provided on the waiver at any other ABC 46
store in the State that is designated as a mixed beverage ABC store pursuant 47
to G.S. 18B-404(c) upon presentation and relinquishment of the waiver at the 48
ABC store." 49
SECTION 4.(b) G.S. 18B-404(c) reads as rewritten: 50
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"(c) Designated Store. – A Except as provided in G.S. 18B-800(c2)(2), a mixed beverage 1
permittee may purchase spirituous liquor from an ABC store that is designated as a mixed 2
beverage ABC store operated by any local board operating in the same county as the permittee." 3
SECTION 4.(c) This section becomes effective August 1, 2026, and applies to orders 4
placed by a mixed beverage permittee on or after that date. 5
6
ALLOW CONSUMER TASTINGS OF MIXED BEVERAGES AT ABC STORES 7
UNDER A SPIRITUOUS LIQUOR SPECIAL EVENT PERMIT 8
SECTION 5. G.S. 18B-1114.7(c) reads as rewritten: 9
"(c) Additional Limitations on Tastings in ABC Stores. – Consumer tastings conducted in 10
an ABC store shall have the following additional limitations: 11
… 12
(4) Notwithstanding subdivision (3) of subsection (b) of this section, the total 13
amount of the tasting samples offered to and consumed by each consumer at 14
a consumer tasting event shall not exceed one-half ounce of spirituous liquor 15
in any calendar day.day, including any spirituous liquor in mixed beverages 16
offered for consumer tasting pursuant to subdivision (4a) of this subsection. 17
(4a) The permit holder conducting the event may prepare and offer fo r tasting 18
mixed beverages containing the spirituous liquor offered for tasting at the 19
ABC store. A mixed beverage offered for tasting pursuant to this subdivision 20
shall contain no more than 0.25 ounces of spirituous liquor. 21
…." 22
23
INCLUDE WHIPPED CREAM IN THE DEFINITION OF ALCOHOL CONSUMABLE 24
SECTION 6.(a) G.S. 18B-101(4a) reads as rewritten: 25
"(4a) "Alcohol consumable" means any manufactured and packaged ice cream, 26
whipped cream, ice pop, gum-based, or gelatin-based food product containing 27
at least one-half of one percent (0.5%) alcohol by volume." 28
SECTION 6.(b) This section becomes effective December 1, 2026, and applies to 29
offenses committed on or after that date. 30
31
PROVIDE MIXED BEVERAGES PERMITTEES WITH PRIOR NOTICE OF 32
APPORTIONED PRODUCT LOTTERY 33
SECTION 7.(a) G.S. 18B-800 is amended by adding a new subsection to read: 34
"(c6) Prior Notice of Lottery. – At least 30 days prior to the date it plans to conduct a lottery 35
or other random drawing to sell apportioned products to mixed beverage permittee customers of 36
an ABC store, the local board conducting the lottery or other random drawing shall provide each 37
mixed beverage permittee with written notice of the lottery or other random drawing by email or 38
first-class mail . For purposes of this subsection, the term "apportioned products " means 39
containers of spirituous liquor that are made available to local boards only by random drawings 40
conducted by the Commission." 41
SECTION 7.(b) This section becomes effective July 1, 2026, and applies to lotteries 42
or other random drawings to sell apportioned products on or after that date. 43
44
AUTHORIZE TEMPORARY AND VARIABLE PRICING PROMOTIONS 45
SECTION 8.(a) Article 10 of Chapter 18B of the General Statutes is amended by 46
adding a new section to read: 47
"§ 18B-1004.1. Variable pricing. 48
Notwithstanding any provision of this Chapter to the contrary, an establishment holding an 49
on-premises malt beverage permit, on -premises unfortified wine permit, on -premises fortified 50
wine permit, mixed beverages permit, or any combination thereof may offer temporary pricing 51
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adjustments on alcoholic beverages sold by the establishment subject to all of the following 1
conditions: 2
(1) The price adjustment shall be applicable for a specified and limited duration 3
of time within a single business day. 4
(2) All pricing adjustments shall be publicly posted within the licensed premises 5
and shall be made available to the Commission or a law enforcement officer 6
with jurisdiction upon request. 7
(3) Pricing adjustments shall comply with all applicable State and federal laws, 8
rules, and regulations concerning the responsible service of alcohol. 9
(4) Advertising of the price and type of alcoholic beverages is allowed through 10
either or both of the following: 11
a. On outside signage located on the permittee's premises, subject to any 12
applicable local ordinances regulating outdoor signage. 13
b. Via newspapers, radio, television, and other mass media." 14
SECTION 8.(b) This section becomes effective October 1, 2026, and applies to 15
alcoholic beverages sold on or after that date. 16
17
CLARIFY PERMISSION TO TAKE MIXED BEVERAGES ONTO PERMITTED 18
PREMISES IN A SOCIAL DISTRICT 19
SECTION 9. G.S. 18B-300.1(f) reads as rewritten: 20
"(f) Limitations on Open Containers. – Except where otherwise allowed by local 21
ordinance, the possession and consumpti on of an open container of an alcoholic beverage in a 22
social district is subject to all of the following requirements: 23
… 24
(6) Notwithstanding G.S. 18B-300 and G.S. 18B-301, a permittee or 25
non-permittee business may allow a customer to possess and consume on the 26
business's premises alcoholic beverages purchased from a permittee in the 27
social district. A permittee business that is not permitted to sell mixed 28
beverages may allow a customer to possess and consume on the business 's 29
premises mixed beverages purchased from a mixed beverages permittee in the 30
social district." 31
32
CLARIFY WHEN SPECIAL ONE -TIME PERMITS ARE REQUIRED FOR 33
NONPROFIT ORGANIZATIONS 34
SECTION 10. G.S. 18B-1002(a) reads as rewritten: 35
"(a) Kinds of Permits. – In addition to the other permits author ized by this Chapter, the 36
Commission may issue permits for the following activities: 37
… 38
(2) A permit may be issued to a nonprofit organization to allow the retail sale of 39
malt beverages, unfortified wine, fortified wine, or mixed beverages, or to 40
allow brown-bagging, at a single fund -raising event of that organization. A 41
permit for this purpose shall not be issued for the sale of any kind of alcoholic 42
beverage in a jurisdiction where the sale of that alcoholic beverage is not 43
lawful. A permit is not required under this subdivision for an event conducted 44
by a nonprofit organization that meets any of the following: 45
a. The event is held on premises permitted under G.S. 18B-1001(1), 46
18B-1001(2), 18B-1001(3), 18B-1001(4), 18B-1001(5), 18B-1001(6), 47
or 18B-1001(10) and the wine, malt beverages, and spirituous liquor 48
sold at the event are sold by the retail permittee from the retail 49
permittee's inventory. 50
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b. The event is held on a premises that does not hold a permit under this 1
Chapter and the wine, malt beverages, and spirituous liquor sold or 2
served at the event is provided by one of the following in a manner 3
allowed under that permit: 4
1. A mobile bar services permit tee pursuant to 5
G.S. 18B-1001(12a). 6
2. A mixed beverage catering perm ittee pursuant to 7
G.S. 18B-1001(12). 8
3. A malt beverage special event permittee pursuant to 9
G.S. 18B-1114.5. 10
4. A winery special event permittee pursuant to G.S. 18B-1114.1. 11
5. A spirituous liquor special event permittee pursuant to 12
G.S. 18B-1114.7. 13
… 14
(5) A permit may be issued to a unit of local government, or to a nonprofit 15
organization or a political organization to serve wine, malt beverages, and 16
spirituous liquor at a ticketed event held to allow the unit of local government 17
or organization to raise funds. A permit is not required under this subdivision 18
for a ticketed event conducted by a unit of local government, a nonprofit 19
organization, or a political organization that meets any of the following: 20
a. The event is held on premises permitted under G.S. 18B-1001(1), 21
18B-1001(2), 18B-1001(3), 18B-1001(4), 18B-1001(5), 18B-1001(6), 22
or 18B-1001(10) and the wine, malt beverages, and spirituous liquor 23
sold at the event are sold by the retail permittee from the retail 24
permittee's inventory. 25
b. The event is held on a premises that does not hold a permit under this 26
Chapter and the wine, malt beverages, and spirituous liquor sold or 27
served at the event is provided by one of the following in a manner 28
allowed under that permit: 29
1. A mobile bar services permit tee pursuant to 30
G.S. 18B-1001(12a). 31
2. A mixed beverage catering permit tee pursuant to 32
G.S. 18B-1001(12). 33
3. A malt beverage special event permittee pursuant to 34
G.S. 18B-1114.5. 35
4. A winery special event permittee pursuant to G.S. 18B-1114.1. 36
5. A spirituous liquor special event permittee pursuant to 37
G.S. 18B-1114.7. 38
For purposes of this subdivision "nonprofit organization" means an 39
organization that is exempt from taxation under Section 501(c)(3), 501(c)(4), 40
501(c)(6), 501(c)(8), 501(c)(10), 501( c)(19), or 501(d) of the Internal 41
Revenue Code or is exempt under similar provisions of the General Statutes 42
as a bona fide nonprofit charitable, civic, religious, fraternal, patriotic, or 43
veterans' organization or as a nonprofit volunteer fire department, or as a 44
nonprofit volunteer rescue squad or a bona fide homeowners' or property 45
owners' association. For purposes of this subdivision "political organization" 46
means an organization covered by the provisions of G.S. 163-96(a)(1) or (2) 47
or a campaign organization established by or for a person who is a candidate 48
who has filed a notice of candidacy, paid the filing fees or filed the required 49
petition, and been certified as a candidate. The issuance of this permit shall 50
also allow the use for culinary purposes of spirituous liquor lawfully 51
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purchased for use in mixed beverages. The issuance of this permit shall also 1
allow a nonprofit organization to offer alcoholic beverages in the 2
manufacturer's original closed container as a prize in a raffle or sell alcoholic 3
beverages in the manufacturer's original closed container at auction at the 4
ticketed event to allow the nonprofit organization to raise funds. 5
…." 6
7
REVISE REQUIREMENTS FOR RECEIVING A TEMPORARY PERMIT 8
SECTION 11.(a) G.S. 18B-905 reads as rewritten: 9
"§ 18B-905. Temporary permits. 10
When an application has been received in proper form, with the required application fee, the 11
Commission may issue a temporary permit for any of the activities for which permits are 12
authorized under G.S. 18B-1001 and 18B-1100. If the person has applied to the applicable local 13
government for the Inspection/Zoning Compliance and Local Government Opinion forms 14
required for the application but has not received approvals or denials from the local government, 15
the applicant may submit a sworn affidavit with the application stating that the person has applied 16
to the local government for the Inspection/Zoning Compliance and Local Government Opinion 17
approvals in lieu of those approvals. The person shall send the local government approvals or 18
denials to the Commission within three business days of receiving the approvals or denials. A 19
temporary permit may be revoked summarily by the Commission without complying with the 20
provisions of Chapter 150B. Revocation of a temporary permit or withdrawal by the Commission 21
of a pending application by a permittee possessing a temporary permit shall be effective upon 22
service of the notice of revocation or withdrawal upon the permittee at either the permittee's 23
residence or the address given for the business i n the permit application or upon the expiration 24
of five business days after the notice of the revocation or withdrawal has been mailed to the 25
permittee at either the permittee's residence or the address given for the business in the permit 26
application. No further notice shall be required." 27
SECTION 11.(b) This section becomes effective October 1, 2026, and applies to 28
applications received on or after that date. 29
30
REVISE LAW REGULATING THE SALE AND DELIVERY OF MORE THAN ONE 31
DRINK AT A TIME TO A SINGLE PATRON 32
SECTION 12.(a) G.S. 18B-1010(a) reads as rewritten: 33
"(a) Except as otherwise provided in this section, the The holder of an on-premises malt 34
beverage permit, on -premises unfortified wine permit, on -premises fortified wine permit, or 35
mixed beverages permit issued under G.S. 18B-1001 permit, or a permittee otherwise authorized 36
to sell malt beverages, unfortified wine, fortified wine, or mixed beverages for on -premises 37
consumption, may sell and deliver not more than two alcoholic beverage drinks at one time to a 38
single patron with the following limitations:patron. 39
(1) Not more than two alcoholic beverage drinks at one time if the alcoholic 40
beverage drinks are any of the following: 41
a. A malt beverage. 42
b. Unfortified wine. 43
c. Fortified wine. 44
(2) Not more than one alcoholic beverage at one time if an alcoholic beverage 45
drink is a mixed beverage or contains spirituous liquor." 46
SECTION 12.(b) G.S. 18B-1001(10) reads as rewritten: 47
"(10) Mixed Beverages Permit. – A mixed beverages permit authorizes the retail 48
sale of mixed beverages for consumption on the premises. The permit also 49
authorizes a mixed beverages permittee to obtain an antique spirituous liquor 50
permit under subdivision (20) of this section and to use for culinary purposes 51
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spirituous liquor lawfully purc hased for use in mixed beverages. The permit 1
may be issued for any of the following: 2
a. Restaurants. 3
b. Hotels. 4
c. Private clubs. 5
d. Convention centers. 6
e. Community theatres. 7
f. Nonprofit organizations. 8
g. Political organizations. 9
h. Sports and entertainment venues. 10
i. Bars. 11
j. The holder of a distillery permit authorized under G.S. 18B-1105. 12
k. Breweries. 13
l. Wineries. 14
Additionally, a mixed beverages permit authorizes a permittee that is a 15
restaurant, hotel, private club, bar, brewery, winery, or the holde r of a 16
distillery permit to sell at retail mixed beverages for consumption off the 17
premises, including delivery by the permittee or a delivery service permittee. 18
A mixed beverage sold for consumption off the premises must be sold with 19
food and shall be (i) a premixed cocktail in the manufacturer's original closed 20
container, or (ii) packaged in a container with a secure lid or cap, and in a 21
manner designed to prevent consumption without removal of the lid or cap. 22
The container shall be no greater than 24 flu id ounces. In accordance with 23
G.S. 20-138.7, the transportation of a mixed beverage in a motor vehicle shall 24
not be unlawful if the container is an unopened manufacturer's original 25
container or is transported in a locked container, in the trunk, or in the area 26
behind the last upright seat in a motor vehicle not equipped with a trunk. 27
Notwithstanding G.S. 18B-1010, the sale of more than one mixed beverage 28
drink two mixed beverage drinks at one time shall not be unlawful if the mixed 29
beverage drinks are sold for delivery or consumption off the permittee's 30
premises. No mixed beverage ordered for off -premises consumption shall be 31
provided to any person other than the purchaser of the mixed beverage, except 32
that in the case of delivery, the delivery service permi ttee through its 33
employees or agents may provide the mixed beverage to a person other than 34
the purchaser if the permittee or the permittee's employees or agents verify 35
that the person is over 21 years of age using age verification software requiring 36
the recipient to provide a form of photographic identification authorized in 37
G.S. 18B-302(d)(1)." 38
SECTION 12.(c) This section becomes effective October 1, 2026, and applies to 39
alcoholic beverages sold on or after that date. 40
41
REVISE LAW GOVERNING POSSESSION AND CONSUMPTION OF FORTIFIED 42
WINE AND SPIRITUOUS LIQUOR WITHOUT AN ABC PERMIT 43
SECTION 13.(a) G.S. 18B-301 reads as rewritten: 44
"§ 18B-301. Possession and consumption of fortified wine and spirituous liquor. 45
(a) Possession at Home. – It shall be lawful, withou t an ABC permit, for any person at 46
least 21 years old to possess for lawful purposes any amount of fortified wine and spirituous 47
liquor at his the person's home or a temporary residence, such as a hotel room. 48
(b) Possession on Other Property. – It shall be lawful, without an ABC permit, for a 49
person to possess for his or her personal use and the use of his or her guests not more than eight 50
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liters of fortified wine or spirituous liquor, or eight liters of the two co mbined, at the following 1
places: 2
(1) The residence of any other person with that person's consent;consent. 3
(2) Any other property not primarily used for commercial purposes and that is not 4
a permitted premises and is not open to the public at the time the alcoholic 5
beverage is possessed, if the owner or other person in charge of the property 6
consents to that possession and consumption;consumption. 7
(3) An establishment with a brown -bagging permit as defined in 8
G.S. 18B-1001(7). 9
(b1) Possession in a Social District or Common Area. – It shall be lawful, without an ABC 10
permit, for a person to possess an open container of fortified wine or spirituous liquor in a social 11
district or a designated consumption area under a common area entertainment permit in 12
compliance with the provisions of G.S. 18B-300.1 or G.S. 18B-1001.5, respectively. 13
(c) Special Occasions. – It shall be lawful for a person to possess, without a permit and 14
not for sale, any amount of fortified wine or spirituous liquor for a private party, private reception, 15
or private special occasion, at any of the following places: 16
(1) His The person's home or a temporary residence, such as a hotel room;room. 17
(2) Any other property not primarily used for commercial purposes, which is 18
under his the person's exclusive control and supervision, and which is not open 19
to the public during the event;event. 20
(3) The licensed premises of any business for which the Commission has issued 21
a special occasions permit under G.S. 18B-1001(8), if he the person is the host 22
of that private function and has the permission of the permittee. 23
(d) Consumption. – It shall be lawful for a person to consume fortified wine and 24
spirituous liquor in any place where it is lawful for him the person to possess those alcoholic 25
beverages under subsections (a) through (c). 26
…." 27
SECTION 13.(b) This section becomes effective October 1, 2026, and applies to 28
fortified wine and spirituous liquor possessed and consumed on or after that date. 29
30
ADD TWO MEMBERS TO THE ABC COMMISSION 31
SECTION 14.(a) G.S. 18B-200 reads as rewritten: 32
"§ 18B-200. North Carolina Alcoholic Beverage Control Commission. 33
(a) Creation of Commission; compensation. – The North Carolina Alcoholic Beverage 34
Control Commission is created to consist of a chairman chair and two four associate members. 35
The Commission shall be administratively located within the Department of Public Safe ty but 36
shall exercise its powers independently of the Secretary of Public Safety. The chairman shall 37
devote his full time to his official duties and receive a salary fixed by the General Assembly in 38
the Current Operations Appropriations Act. The chair of t he Commission shall be employed 39
full-time and shall receive a salary fixed by the General Assembly. The associate members shall 40
be compensated for per diem, subsistence and travel as provided in Chapter 138 of the General 41
Statutes. 42
(b) Appointment of Membe rs. – Members The members of the Commission shall be 43
appointed as follows: 44
(1) The chair of the Commission Commission, who shall be appointed by the 45
Governor to serve at the pleasure of the Governor. 46
(2) Two associate members, who shall be appointed by the Governor to serve at 47
his pleasure.the pleasure of the Governor. 48
(3) One associate member, who shall be a current or former holder of a retail or 49
commercial ABC permit , who shall be appointed by the President Pro 50
Tempore of the Senate to serve at the pleasure of the President Pro Tempore. 51
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(4) One associate member, who shall be a current or former holder of a retail or 1
commercial ABC permit, who shall be appointed by the Speaker of the House 2
of Representatives to serve at the pleasure of the Speaker. 3
(c) Vacancy. – The Governor appointing authority shall fill any vacancy on the 4
Commission by appointing a successor to serve at the Governor's pleasure. the pleasure of the 5
appointing authority. If the chairman's chair's seat becomes vacant, the Governor may designate 6
either the new member or an existing member of the Commission as the chairman.chair. 7
(d) Employees. – The Commission may authorize the chairman chair to employ, 8
discharge, and otherwise supervise subordinate personnel of the Commission. The Commission 9
shall appoint at least one employee to make investigations, hold hearings requested under 10
G.S. 18B-1205, and represent the Commission in contested case hearings or perform any other 11
duties authorized by Chapter 150B." 12
SECTION 14.(b) G.S. 18B-201(a) reads as rewritten: 13
"(a) Financial Interests Restricted. – No person shall be appointed to or employed by the 14
Commission, a local board, board or the ALE Division if that person or a member of that person's 15
family related to that person by blood or marriage to the first degree has or controls, directly or 16
indirectly, a financial interest in any commercial alcoholic beverage enterprise, including any 17
business required to have an ABC permit. The Commission may exempt from this provision any 18
person, other than a Commission member, person when the financial interest in question is so 19
insignificant or remote that it is unlikely to affect the person's official actions in any way. 20
Exemptions may be granted only to individuals, not to groups or classes of people, and each 21
exemption shall be in writing, be available for public inspection, and contain a statement of the 22
financial interest in question." 23
SECTION 14.(c) This section becomes effective December 1, 2026. 24
25
THREE-YEAR STATUTE OF LIMITATIONS FOR ABC VIOLATIONS 26
SECTION 15.(a) G.S. 18B-104 reads as rewritten: 27
"§ 18B-104. Administrative penalties. 28
(a) Penalties. – For Unless otherwise provided by law, for any violation of the ABC laws, 29
the Commission may take any of the following actions against a permittee: 30
(1) Suspend the permittee's permit for a specified period of time not longer than 31
three years. 32
(2) Revoke the permittee's permit. 33
(3) For all violations not listed in subdivision (3a) of this subse ction, fine the 34
permittee up to five hundred dollars ($500.00) for the first violation, up to 35
seven hundred fifty dollars ($750.00) for the second violation within three 36
years, and up to one thousand dollars ($1,000) for the third violation within 37
three years of the first violation. 38
(3a) If the violations involve acts of violence, controlled substances, or prostitution 39
occurring on the licensed premises, fine the permittee up to seven hundred 40
fifty dollars ($750.00) for the first violation, up to one thousa nd dollars 41
($1,000) for a second violation within three years, and up to one thousand two 42
hundred fifty dollars ($1,250) for a third violation within three years of the 43
first violation. Additionally, the Commission may impose conditions on the 44
operating hours of the business for violations listed in this subdivision. 45
(4) Suspend the permittee's permit under subdivision (1) of this subsection and 46
impose a fine under subdivision (3) or (3a).(3a) of this subsection. 47
… 48
(f) Statute of Limitations. – The Commission shall not seek any administrative penalties 49
under this section unless the Commission, within three years of the Commission receiving from 50
law enforcement a permittee's alleged violation of the ABC laws, sends the permittee a notice of 51
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 11
alleged violation or files a petition for a contested case against the permittee in accordance with 1
G.S. 18B-906. Any contested case commenced or maintained by the Commission in violation of 2
this subsection shall be dismissed. This subsection does not prohibit the Commission from 3
refiling a contested case that was dismissed without prejudice in accordance with G.S. 1A-1, 4
Rule 41(a) of the Rules of Civil Procedure , provided that the Commission refiles the contested 5
case within thre e years of the Commission receiving from law enforcement the permittee 's 6
alleged violation of the ABC laws or within one year of the dismissal without prejudice, 7
whichever is later. This subsection does not apply to orders of suspension or revocation pursuant 8
to G.S. 18B-900(f), 18B-904(e)(2), or 18B-904(e)(4)." 9
SECTION 15.(b) G.S. 18B-1001.4(f) reads as rewritten: 10
"(f) Penalties for Violations in Residence Halls. – Notwithstanding G.S. 18B-104, if If a 11
delivery service permittee commits a violation of this Chapter when delivering to a residence hall 12
located on the premises of an institution of higher education the delivery service permittee shall 13
be subject to a fine of up to one thousand dollars ($1,000) for the first violation, up to o ne 14
thousand five hundred dollars ($1,500) for a second violation within three years of the first 15
violation, and up to two thousand dollars ($2,000) for a third or subsequent violation within three 16
years of the first violation. In any case in which there ar e two or more violations within three 17
years by a delivery service permittee when delivering to a residence hall on the premises of an 18
institution of higher education in which the Commission is entitled to suspend or revoke a permit, 19
the Commission may accept from the permittee an offer in compromise to pay a penalty of not 20
more than ten thousand dollars ($10,000). The Commission may either accept a compromise or 21
revoke a permit, but not both. The Commission may accept a compromise and suspend the permit 22
in the same case." 23
SECTION 15.(c) This section is effective when it becomes law and applies to 24
contested cases commenced or maintained on or after that date. 25
26
TAX RELIEF FOR SMALL BREWERIES AND MICRODISTILLERIES 27
SECTION 16.(a) G.S. 105-113.68 reads as rewritten: 28
"§ 105-113.68. Definitions; scope. 29
(a) Definitions. – The following definitions apply in this Article: 30
… 31
(4b) Barrel. – Defined in G.S. 81A-9. 32
(4c) Bonded premises. – Defined in 26 U.S.C. § 5002. 33
(4d) Controlled group. – Any group of incorporated or nonincorporated businesses 34
that have common ownership interests, including individuals, partnerships, 35
and corporations. A business is considered to be part of a controlled group if 36
more than fifty percent (50%) of the business is owned either by, or in 37
common with, another business or other businesses. 38
(4e) Distillery permittee. – A distillery that holds a distillery permit issued by the 39
ABC Commission under G.S. 18B-1105. 40
… 41
(7a) Microdistillery. – A distillery that withdraws no more than 50,000 proof 42
gallons of spirituous liquor annually from bonded premises . If a distillery is 43
part of a controlled group, the controlled group must withdraw no more than 44
50,000 proof gallons of spirituous liquor annually from bonded premises. 45
… 46
(8a) Proof gallon. – A liquid gallon of distilled spirits that is fifty percent (50%) 47
alcohol at 60 degrees Fahrenheit. 48
… 49
(10a) Small brewery. – A brewery that produces no more than 600,000 barrels of 50
malt beverages annually. If a brewery is part of a controlled group, the 51
General Assembly Of North Carolina Session 2025
Page 12 House Bill 921-Second Edition
controlled group must produce no more than 600,000 barrels of malt 1
beverages annually. 2
…." 3
SECTION 16.(b) Part 5 of Article 2C of Chapter 105 of the General Statutes is 4
amended by adding a new section to read: 5
"§ 105-113.85A. Credit allowed. 6
(a) Credit. – When filing a return, a taxpayer is allowed a credit as provided for in this 7
section against the tax imposed by this Article. A credit authorized under this section must be 8
subtracted from the tax due prior to calculating any discount under G.S. 105-113.85. A credit is 9
authorized for the following: 10
(1) A local ABC Board or distillery in an amount equal to the tax due in the period 11
covered by the return that is attributable to the sale of spirituous liquor 12
produced by a registered microdistillery. 13
(2) A whol esaler or importer in an amount equal to the tax due in the period 14
covered by the return that is attributable to the sale of malt beverages produced 15
by a registered small brewery. 16
(b) Registration. – The credit auth orized under this section is available on products 17
attributable to a microdistillery or a small brewery that are sold during a month in which the 18
microdistillery or small brewery is registered under this section. The Secretary shall prescribe 19
the manner in which a person may register as a microdistillery or small brewery . Registration 20
must be accompanied by a written certificate signed under penalty of perjury that the person 21
qualifies as a microdistillery or small brewery, as applicable. The Secretary may request any 22
information necessary to verify that the person qualifies or continues to qualify for registration 23
under this subsection. 24
The Secretary shall kee p a record of all persons registered under this subsection sorted by 25
designation. The list shall state the name and business address of each person registered. The 26
Secretary shall make available the list required under this subsection on the Department 's 27
website. A person registered under this subsection that no longer qualifies as a microdistillery or 28
small brewery shall promptly notify the Secretary. A person must be removed from the list if the 29
Secretary determines that the person no longer qualifies as a microdistillery or small brewery or 30
if the person fails to respond to the Secretary's request for information verifying the person 's 31
continued eligibility for registration under this subsection. 32
(c) Forfeiture. – A taxpayer may rely on the list published by the Department under 33
subsection (b) of this section when taking the credit authorized under this section ; however, the 34
taxpayer forfeits the credit taken under this section on product produced by a person registe red 35
under subsection (b) of this section for any month in which the Department determines the credit 36
was not allowed as provided for under this subsection . If the Department determines that a 37
taxpayer avoided tax by taking a credit in violation of this sub section, the taxpayer is liable for 38
all past taxes avoided as a result of any forfeited credits plus interest at the rate established under 39
G.S. 105-241.21, computed from the date the taxes would have been due if the forfeited credit s 40
had not been taken. The Secretary shall also charge the taxpayer with a penalty equal to 41
twenty-five percent (25%) of the amount of taxes avoided. The past taxes, penalty, and interest 42
are due 30 days after the date the credits are forfeited; a taxpayer that fails to pay the past taxes, 43
penalty, and interest by the due date is subject to the penalties provided in G.S. 105-236. A credit 44
is not allowed on spirituous liquor, antique spirituous liquor, or malt beverages which are: 45
(1) Sold by the distillery or brewery that produced the product in any month in 46
which the distillery or brewery was registered but did not qual ify as a 47
microdistillery or small brewery, as applicable. 48
(2) Sold by a person other than the distillery or brewery that produced the product 49
in any month in which the person knew the distillery or brewery was registered 50
but did not qualify as a microdistillery or small brewery, as applicable." 51
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 13
SECTION 16.(c) This section becomes effective January 1, 2027, and applies to 1
malt beverages and spirituous liquor first sold or otherwise disposed of on or after that date; 2
however, the Secretary of Revenue may begin registering persons as a microdistillery or small 3
brewery under G.S. 105-113.85A(b), as enacted by this section, on September 1, 2026. 4
5
ESTABLISH SERVICE BUSINESS PERMIT 6
SECTION 17.(a) G.S. 18B-300(a1) reads as rewritten: 7
"(a1) Consumption on Premises During Time of Permit Revocation or Suspension. – It shall 8
be unlawful to consume or for a permittee or his a permittee's agent or employee to allow the 9
consumption of malt beverages or unfortified wine on the premises of any business during the 10
period of time that any on -premises permit or service business p ermit issued to the business 11
authorizing the sale and or consumption of malt beverages or unfortified wine has been 12
suspended or revoked by the Commission. The prohibition in this subsection does not apply to 13
the premises upon which the business was located at the time the permit was suspended or 14
revoked if the business ceases to operate in that location and the owner of the property is not the 15
permittee, provided that the permittee is not engaged in any other business or other activity on 16
the premises during the period of suspension or revocation." 17
SECTION 17.(b) G.S. 18B-603 is amended by adding a new subsection to read: 18
"(i) Service Business Permits. – The Commission may only issue service business permits 19
provided for in G.S. 18B-1001(26) to qualified persons and establishments located withi n a 20
jurisdiction in which on-premises malt beverage permits or on-premises unfortified wine permits 21
may be issued, subject to the following restrictions: 22
(1) If on-premises malt beverage permits, but not on -premises unfortified wine 23
permits, may be issued in the jurisdiction, the service business permittee may 24
furnish only malt beverages to customers. 25
(2) If on-premises unfortified wine permits, but not on -premises malt beverage 26
permits, may be issued in the jurisdiction, the service business permittee may 27
furnish only unfortified wine to customers. 28
(3) If on -premises malt beverage permits and on -premises unfortified wine 29
permits may be issued in the jurisdiction, the service business permittee m ay 30
furnish malt beverages and unfortified wine to customers." 31
SECTION 17.(c) G.S. 18B-902 reads as rewritten: 32
"§ 18B-902. Application for permit; fees. 33
… 34
(d) Fees. – An application for an ABC permit shall be accompanied by payment of the 35
following application fee: 36
… 37
(57) Service business permit – $50.00. 38
… 39
(h) Recycling Plan Required. – Each applicant for an on-premises malt beverage permit, 40
on-premises unfortified wine permit, service business permit, on-premises fortified wine permit, 41
or a mixed beverages permit shall prepare and submit with the application a plan for the collection 42
and recycling of all recyclable beverage containers of all beverages to be furnished or sold at 43
retail on the premises. Each applicant for a mobile bar services permit shall prepare and submit 44
with the application a plan for the collection and recycling of all recyclable beverage containers 45
of all beverages to be served at an event pursuant to the permit. A permittee who is not able to 46
find a recycler for its beverage containers may apply to the Alcoholic Beverage Control 47
Commission for a one -year stay of the requirement to implement a recycling program in 48
compliance with G.S. 18B-1006.1. The application shall be made in a form specified by the 49
Commission, shall detail the efforts made by the permittee to provide for the collection and 50
recycling of beverage containers, and shall specify the impediments to implementation of a 51
General Assembly Of North Carolina Session 2025
Page 14 House Bill 921-Second Edition
recycling plan. The Commission shall submit all such ap plications to the Division of 1
Environmental Assistance and Outreach of the Department of Environmental Quality for review 2
and certification. The Division of Environmental Assistance and Outreach shall investigate each 3
application and prepare a summary of i ts investigation and shall submit the summary to the 4
Commission along with a notation indicating certification or denial of the application. A 5
permittee whose application for a stay is certified by the Division of Environmental Assistance 6
and Outreach shal l not be required to comply with the recycling requirement of the alcoholic 7
beverage laws and regulations during the one-year stay period so certified." 8
SECTION 17.(d) G.S. 18B-903 reads as rewritten: 9
"§ 18B-903. Duration of permit; renewal and transfer. 10
(a) Duration. – Once issued, ABC permits shall be valid for the following periods, unless 11
earlier surrendered, suspended or revoked: 12
(1) On-premises and off-premises malt beverage, unfortified wine, and fortified 13
wine permits; service business permits; culinary permits; and all permits listed 14
in G.S. 18B-1100 shall remain valid indefinitely. 15
… 16
(b1) Registration. – Each person holding a malt beverage, fortified wine, or unfortified 17
wine permit unfortified wine, or service business permit issued pursuant to G.S. 18B-902(d)(1) 18
through G.S. 18B-902(d)(6) or G.S. 18B-902(d)(57) shall register by May 1 of each year on a 19
form provided by the Commission, in order to provide information needed by the State in 20
enforcing this Chapter and to support the costs of that enforcement. The For permits issued 21
pursuant to G.S. 18B-902(d)(1) thr ough G.S. 18B-902(d)(6), the registration required by this 22
subsection shall be accompanied by an annual registration and inspection fee of four hundred 23
dollars ($400.00) for each permit held. For permits issued pursuant to G.S. 18B-902(d)(57), the 24
registration required by this subsection shall be accompanied by an annual registration and 25
inspection fee of fifty dollars ($50.00) for each permit held. The fee shall be paid by May 1 of 26
each year. A registration fee shall not be refundable. Failure to pay the a nnual registration and 27
inspection fee shall result in revocation of the permit. 28
(b2) Recycling Plan Required. – Each person holding an on -premises malt beverage 29
permit, on-premises unfortified wine permit, service business permit, on-premises fortified wine 30
permit, or a mixed beverages permit shall submit, along with the annual registration or renewal 31
application, either a current plan for the collection and recycling of all recyclable beverage 32
containers of all beverages furnished or sold at retail on the premises, or an application for a 33
waiver pursuant to G.S. 18B-902(h). Each person holding a mobile bar services permit shall 34
submit, along with the annual renewal application, either a current plan for the collection and 35
recycling of all recyclable beverage containers of all beverages to be served at an event pursuant 36
to the permit, or an application for a waiver pursuant to G.S. 18B-902(h). 37
…." 38
SECTION 17.(e) G.S. 18B-1000 reads as rewritten: 39
"§ 18B-1000. Definitions concerning establishments. 40
The following requirements and definitions shall apply to this Chapter: 41
… 42
(7a) Service business. – An establishment that is primarily engaged in the business 43
of providing services to the general public that require an occupational license 44
issued by the State. 45
(7a)(7b) Sports and entertainment venue. – Stadiums, ballparks, and other similar 46
facilities with a permanently constructed seating capacity of 3,000 or more 47
which are not located on the campus of a school, college, or university. 48
…." 49
SECTION 17.(f) G.S. 18B-1001 is amended by adding a new subdivision to read: 50
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 15
"(26) Service Business Permit. – A service business permit authorizes the permittee 1
to furnish complimentary malt beverages and unfortified wine to customers, 2
in conjunction with the provision of the service, for consumption on the 3
permittee's premises at no extra charge to the customer s. The permittee may 4
furnish alcoholic beverages to customers only in accordance with 5
G.S. 18B-603(i). The permittee may not serve more than two servings of 6
alcoholic beverages to any individual customer in any calendar day. For 7
purposes of this subdivision, a serving of malt beverage is 16 fluid ounces, 8
and a serving of unfortified wine is 8 fluid ounces. Notwithstanding 9
G.S. 18B-1006(h), the permittee may purchase malt beverages and unfortified 10
wine only from a retailer. The permit may be issued to service businesses." 11
SECTION 17.(g) G.S. 18B-1006.1(a) reads as rewritten: 12
"(a) Holders of on-premises malt beverage permits, on-premises unfortified wine permits, 13
service business permits, on-premises fortified wine permits, and mixed beverages permits shall 14
separate, store, and provide for the collection for recycling of all recyclable beverage containers 15
of all beverages furnished or sold at retail on the premises. A permittee has satisfied the 16
requirements of this section if it implements a recycling program that meets the minimum 17
standards of the model recycling program developed by the Commission pursuant to 18
G.S. 130A-309.14(m). Failure to comply with the requirements of this section shall not be 19
grounds for revocation of a permit. A conviction for violation of this section shall not constitute 20
an alcoholic beverage offense within the meaning of G.S. 18B-900(a)(4)." 21
SECTION 17.(h) This section becomes effective July 1, 2026. 22
23
COUNTY MIXED BEVERAGE ELECTION AMENDMENT 24
SECTION 18.(a) G.S. 18B-600(b) reads as rewritten: 25
"(b) County Elections. – Any county may hold a malt beverage, unfortified wine, or ABC 26
store election. A county may hold a mixed beverage election only if (i) the county already 27
operates at least one county ABC store or a city located in the county operates at least one ABC 28
store or (ii) a county election on ABC stores is to be held at the same time as the mixed beverage 29
election. If a county does not operate at least one A BC store, a mixed beverages permittee may 30
purchase liquor from an ABC store that is design ated as a mixed beverage ABC store operated 31
by any local board operating in the same county as the permittee." 32
SECTION 18.(b) This section is retroactively effective October 1, 2024. 33
34
BROWN-BAGGING TECHNICAL CORRECTION 35
SECTION 19. G.S. 18B-603(d) reads as rewritten: 36
"(d) Mixed Beverage Elections. – If a mixed beverage election is held under 37
G.S. 18B-602(h) and the sale of mixed beverages is approved, the Commission may issue permits 38
to qualified persons and establishments in the jurisdiction that held the election as follows: 39
… 40
(4) The Commission may issue brown -bagging permits for bars, private clubs 41
clubs, and congressionally chartered veterans organizations but may no longer 42
issue and may not renew brown -bagging permits for restaurants, hotels, and 43
community theatres. A restaurant, hotel, or community theatre may not be 44
issued a mixed beverage permit under subdivision (1) until it surrenders its 45
brown-bagging permit. 46
…." 47
48
AIRPORT TECHNICAL CORRECTION 49
SECTION 20. G.S. 18B-300.3 reads as rewritten: 50
General Assembly Of North Carolina Session 2025
Page 16 House Bill 921-Second Edition
"§ 18B-300.3. Possession and consumption of alcoholic beverages in the security -screened 1
area of airports. 2
(a) During the hours of airport operation, any establishment permitted under subdivision 3
(1), (3), (5), or (10) of G.S. 18B-1000 G.S. 18B-1001 and operati ng in the Transportation 4
Security Administration-screened portion of an airport may, with the written approval of the 5
airport authority, sell the alcoholic beverages it is permitted to sell for consumption throughout 6
the Transportation Security Administrat ion-screened portion of the establishment's respective 7
airport terminal. 8
(b) An alcoholic beverage served for consumption throughout an establishment's airport 9
terminal shall be served in a container that meets all of the following requirements: 10
(1) The container is not comprised of glass. 11
(2) The container displays, in no less than 12 -point font, the statement, "Drink 12
Responsibly – Be 21." 13
(3) The container shall not hold more than 16 fluid ounces. 14
(c) A customer may purchase and consume alcoholic beverage s throughout the interior 15
of the Transportation Security Administration-screened portion of the respective airport terminal, 16
provided that the purchase is from an approved establishment permitted under subdivision (1), 17
(3), (5), or (10) of G.S. 18B-1000.G.S. 18B-1001. 18
(d) This section applies only to airports that service airplanes boarding at least 150,000 19
passengers annually." 20
21
ALLOW ALCOHOL SALES AT MILLENNIAL CAMPUSES AT UNIVERSITY OF 22
NORTH CAROLINA INSTITUTIONS AND AT THE HORACE WILLIAMS CAMPUS 23
OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL 24
SECTION 21. G.S. 18B-1006(a) reads as rewritten: 25
"(a) School and College Campuses. – No permit for the sale of alcoholic beverages shall 26
be issued to a business on the campus or property of a public school, college, or university. This 27
subsection shall not apply to the following: 28
… 29
(5) Restaurants, eating establishments, food businesses, or retail businesses on the 30
property defined by G.S. 116-198.33(4).subdivision (4), (4a), or (4b) of 31
G.S. 116-198.33. 32
…." 33
34
ALLOW THE SALE OF PREMIXED COCKTAILS FOR ON -PREMISES AND 35
OFF-PREMISES CONSUMPTION AND ALLOW WHOLESALERS TO DISTRIBUTE 36
PREMIXED COCKTAILS 37
SECTION 22.(a) G.S. 18B-100 reads as rewritten: 38
"§ 18B-100. Purpose of Chapter. 39
This Chapter is intended to establish a uniform system of control over the sale, purchase, 40
transportation, manufacture, consumption, and possession of alcoholic beverages in North 41
Carolina, and to provide procedures to insure ensure the proper administration of the ABC laws 42
under a uniform system throughout the State. This Chapter shall be liberally construed to the end 43
that the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic 44
beverages shall be prohibited except as authorized in this Chapter. If any provis ion of this 45
Chapter, or its application to any person or circumstance, is determined by a court or other 46
authority of competent jurisdiction to be invalid or unconstitutional, such provision shall be 47
stricken and the remaining provisions shall be construed in accordance with the intent of the 48
General Assembly to further limit rather than expand commerce in alcoholic beverages, and with 49
respect to malt beverages, unfortified wine, premixed cocktails, and fortified wine, the remaining 50
provisions shall be construed to enhance strict regulatory control over taxation, distribution, and 51
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 17
sale of alcoholic beverages through the three -tier regulatory system and the franchise laws 1
imposed by this Chapter. 2
Except as provided in this Chapter, local ordinances establishi ng different rules on the 3
manufacture, sale, purchase, transportation, possession, consumption, or other use of alcoholic 4
beverages, or requiring additional permits or fees, are prohibited." 5
SECTION 22.(b) G.S. 18B-101 reads as rewritten: 6
"§ 18B-101. Definitions. 7
As used in this Chapter, unless the context requires otherwise: 8
… 9
(4) "Alcoholic beverage" means any beverage containing at least one-half of one 10
percent (0.5%) alcohol by volume, including malt beverages, unfortified wine, 11
premixed cocktails, fortified wine, spirituous liquor, mixed beverages, and 12
any alcohol consumable. 13
… 14
(5c) "Bailment surcharge" means the charge imposed on each case of liquor or 15
premixed cocktails shipped from a Commission warehouse as provided in 16
G.S. 18B-208. This bailment surcharge is in addition to the bailment charge 17
imposed by G.S. 18B-804(b)(2).G.S. 18B-804(b)(2) and G.S. 18B-804(e)(2). 18
(5d) "Brokerage" means a business that brokers the sale of spirituous liquor or 19
premixed cocktails on behalf of the holder of a disti llery permit issued under 20
G.S. 18B-1105, a business located outside the State that is licensed or 21
permitted to manufacture spirituous liquor or premixed cocktails in the 22
jurisdiction where the business is located and whose products are lawfully sold 23
in this State, or a liquor importer or bottler. 24
… 25
(10) "Mixed beverage" means either of the following: a drink composed in whole 26
or in part of spirituous liquor and served in a quantity less than the quantity 27
contained in a closed package. The term "mixed beverage" does not include 28
premixed cocktails. 29
a. A drink composed in whole or in part of spirituous liquor and served 30
in a quantity less than the quantity contained in a closed package. 31
b. A premixed cocktail sold by a mixed beverages permittee, regardless 32
of whether the premixed cocktail is sold in an open container or a 33
closed container. 34
… 35
(12c) "Premixed cocktail" means a single -serving drink in the manufacturer's 36
original closed container of 24 fluid ounces or less containing at least one-half 37
of one percen t (0.5%), and no more than thirteen percent (13%), nine and 38
nine-tenths percent (9.9%) , alcohol by volume and consisting of spirituous 39
liquor premixed with any or all of the following: nonalcoholic beverages, 40
flavoring, or coloring. A premixed cocktail may contain water, fruit juices, 41
fruit adjuncts, sugar, carbon dioxide, preservatives, and other similar products 42
manufactured by fermenting fruit or fruit juices. 43
… 44
(14) "Spirituous liquor" or "liquor" means distilled spirits or ethyl alcohol, and any 45
alcohol consumable containing distilled spirits or ethyl alcohol, including 46
spirits of wine, whiskey, rum, brandy, gin and all other distilled spirits and 47
mixtures of cordials, cordials and liqueur, and premixed cocktails, in closed 48
containers regardless of their dilution. The terms "spirituous liquor " and 49
"liquor" do not include premixed cocktails. 50
…." 51
General Assembly Of North Carolina Session 2025
Page 18 House Bill 921-Second Edition
SECTION 22.(c) G.S. 18B-105 reads as rewritten: 1
"§ 18B-105. Advertising. 2
… 3
(c) A beer or wine beer, wine, or premixed cocktail wholesaler may give, furnish, loan, 4
rent, or sell retailer advertising specialty items and product displays to a retail permittee, so long 5
as the items have not been customized for an individual retail permittee, and provided that the 6
value of the items per brand does not exceed six h undred dollars ($600.00) per year. For the 7
purposes of this subsection, the following definitions apply: 8
(1) Product displays. – Racks, bins, barrels, casks, shelving, and similar items 9
from which malt beverages, wine, premixed cocktails, or spirituous liquor are 10
displayed and sold. 11
… 12
(d) The holder of a supplier representative permit, brokerage representative permit, 13
nonresident spirituous liquor vendor permit, or distillery permit issued under G.S. 18B-1105 may 14
give, furnish, loan, rent, or sell retailer advertising specialty items and product displays to a local 15
board, so long as the items have not been customized for an individual local board, and provided 16
that the value of the items per brand does not exceed one thousand dollars ($1,000) per year. For 17
the purposes of this subsection, the following definitions apply: 18
(1) Product displays. – Racks, bins, barrels, casks, shelving, and similar items 19
from which malt beverages, wine, premixed cocktails, or spirituous liquor are 20
displayed and sold. 21
…." 22
SECTION 22.(d) G.S. 18B-106 reads as rewritten: 23
"§ 18B-106. Alcoholic beverages for use on oceangoing ships. 24
(a) Delivery Permitted. – Alcoholic beverages for use outside the United States on 25
oceangoing vessels shall be delivered as follows: 26
… 27
(2) Malt beverages, unfortified wine, premixed cocktails, and fortified wine may 28
be sold and delivered by any wholesaler or retailer licensed in this in this 29
State to an officer or agent of an oceangoing vessel. The Commission may 30
require the officer or agent to obtain a permit before purchasing alcoholic 31
beverages under this subdivision. 32
… 33
(c) Rules. – The Commission may issue rules relating to applications for permits and 34
otherwise regulate the importation, sale, and delivery of alcoholic beverages under this section 35
to insure that ensure that those beverages are used only on oceangoing vessels outside the United 36
States." 37
SECTION 22.(e) G.S. 18B-107(a) reads as rewritten: 38
"(a) Purchase and Storage. – The Commission may issue permits authorizing air carriers 39
offering regularly scheduled or chartered flights in foreign, interstate, or intrastate commerce to 40
purchase malt beverages, unfortified wine, premixed cocktails, and fortifi ed wine from any 41
wholesaler or retailer licensed in this State, and to transport those alcoholic those alcoholic 42
beverages. The Commission may also authorize air carriers to store, at facilities approved by the 43
Commission, alcoholic beverages to be sold o r served pursuant to subsection (b).subsection (b) 44
of this section." 45
SECTION 22.(f) G.S. 18B-108 reads as rewritten: 46
"§ 18B-108. Sales on trains. 47
Alcoholic beverages may be sold on railroad trains in this State upon compliance with Article 48
2C of Chapter 105 of the General Statutes. Malt beverages, unfortified wine, premixed cocktails, 49
and fortified wine may be sold and delivered by any wholesaler or retailer licensed in this State 50
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 19
to an officer or agent of a rail line that carries at least 60,000 passenge rs annually or is at least 1
100 miles long and connects to the national rail network." 2
SECTION 22.(g) G.S. 18B-109(b) reads as rewritten: 3
"(b) Armed Forces Installation and Indian Country Lands. – No person shall have malt 4
beverages or unfortified wine malt beverages, unfortified wine, or premixed cocktails shipped 5
directly from a point outside this State to: (i) an installation of the Armed Forces of the United 6
States within this State if those alcoholic beverages are for resale on the installation; (ii) the 7
Eastern Band of Cherokee Indians for resale on Indian Country lands within this State under the 8
jurisdiction of the Eastern Band of Cherokee Indians; or (iii) the Catawba Indian Nation for resale 9
on Indian Country lands within this State under the jurisdiction of the Catawba Indian Nation." 10
SECTION 22.(h) G.S. 18B-112 reads as rewritten: 11
"§ 18B-112. Tribal alcoholic beverage control. 12
… 13
(b) Compliance Required. – The Eastern Band of Cherokee Indians and the Catawba 14
Indian Nation shall comply with the following provisions of this Chapter to the extent they apply 15
to or can be made applicable to each tribe: 16
(1) The following provisions of Article 1. – General Provisions. 17
a. G.S. 18B-101(4), (7), (7c), (9), (10), (11), (12), (12a), (12c), (13), 18
(14)(14a), (14), (14a), (14b), and (15). 19
… 20
Any provision of Articles 12 and 13 Articles 12, 13, and 14 of this Chapter which has not 21
been made applicable to the Eastern Band of Cherokee Indians and the Catawba Indian Nation 22
by this section shall act as a bar to engaging in any activity authorized by that Article or section. 23
(b1) In accordance with G.S. 18B-1004(c), the Eastern Band of Cherokee Indians and the 24
Catawba Indian Nation may adopt an ordinance allowing for the sale of malt beverages, 25
unfortified wine, premixed cocktails, fortified wine, and mixed beverages beginning at 10:00 26
A.M. on Sunday pursuant to the licensed premises' permit issued under the authority of 27
G.S. 18B-112(d). 28
… 29
(d) Establishment of Tribal Commissions. – In accordance with the provisions of 1 8 30
U.S.C. § 1161, the Eastern Band of Cherokee Indians and the Catawba Indian Nation are each 31
authorized to establish a tribal alcoholic beverage control commission to regulate the purchase, 32
possession, consumption, sale, and delivery of alcoholic beverages on any land designated as 33
Indian Country pursuant to 18 U.S.C. § 1151 under the jurisdiction of the Eastern Band of 34
Cherokee Indians. Each tribal commission shall have exclusive authority to issue ABC permits 35
to retail and commercial establishments locate d wholly on Indian Country lands under the 36
jurisdiction of the tribe and to regulate the purchase, possession, consumption, sale, and delivery 37
of alcoholic beverages at permitted outlets and premises. Permits issued by the tribal commission 38
pursuant to this section shall be deemed issued by the State for the purposes of sales and delivery 39
of beer and wine malt beverages, wine, and premixed cocktails by wholesalers to the retail outlets 40
located on Indian Country lands. The fees generated by the tribal alcoholic beverage control 41
commission for the issuance of retail permits may be retained by each tribe to offset costs of 42
operating the tribal alcoholic beverage control commission. 43
… 44
(f) Authority of the North Carolina Alcoholic Beverage Control Commissio n. – The 45
North Carolina Alcoholic Beverage Control Commission shall have the authority to enter into 46
agreements with the tribal alcoholic beverage control commission to provide for the sale, 47
delivery, and distribution of spirituous liquor and premixed cock tails to the tribal alcoholic 48
beverage control commission. The tribal alcoholic beverage control commission shall purchase 49
spirituous liquor and premixed cocktails for resale by the tribal alcoholic beverage control 50
commission exclusively from the North Carolina Alcoholic Beverage Control Commission at the 51
General Assembly Of North Carolina Session 2025
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same price and on the same basis that such spirits alcoholic beverages are purchased by local 1
boards. To the extent there is a conflict between the tribal alcoholic beverage control 2
commission's authority or purpose and the North Carolina Alcoholic Beverage Control 3
Commission's authority or purpose, the North Carolina Alcoholic Beverage Control Commission 4
shall prevail. This subsection shall not be construed to prohibit retail permittees from purchasing 5
premixed cocktails from premixed cocktail wholesaler permittees licensed under this Chapter. 6
…." 7
SECTION 22.(i) G.S. 18B-203(a) reads as rewritten: 8
"(a) Powers. – The Commission shall have authority to: 9
(1) Administer the ABC laws;laws. 10
(2) Provide for enforcement of the ABC laws, in conjunction with the ALE 11
Division;Division. 12
(3) Set the prices of alcoholic beverages sold in local ABC stores as provided in 13
Article 8;8. This subdivision shall not be construed to allow the Commission 14
to set the prices of premixed cocktails sold outside of local ABC stores. 15
(4) Require reports and audits from local boards as provided in 16
G.S. 18B-205;G.S. 18B-205. 17
(5) Determine what brands of alcoholic beverages may be sold in this State;State. 18
(6) Contract for S tate ABC warehousing, as provided in 19
G.S. 18B-204;G.S. 18B-204. 20
(7) Dispose of damaged alcoholic beverages, as provided in 21
G.S. 18B-806;G.S. 18B-806. 22
(8) Remove for cause any member or employee of a local board;board. 23
(9) Supervise or disapprove purchasing by any local board and inspect all records 24
of purchases by local boards;boards. 25
(10) Approve or disapprove rules adopted by any local board;board. 26
(11) Approve or disapprove the opening and location of ABC stores, as provided 27
in Article 8;8. 28
(12) Issue ABC permits, and impose sanctions against permittees;permittees. 29
(13) Provide for the testing of alcoholic beverages, as provided in 30
G.S. 18B-206;G.S. 18B-206. 31
(14) Fix the amount of bailment charges and bailment surcharges to be assessed on 32
liquor and premixed cocktails shipped from a Commission 33
warehouse;warehouse. 34
(15) Collect bailment charges and bailment surcharges from local boards;boards. 35
(16) Notwithstanding any law to the contrary, enter into contracts for design and 36
construction of a warehouse or warehouses and supervise work and materials 37
used in the construction, as provided in G.S. 18B-204;G.S. 18B-204. 38
(17) Provide for the distribution of spirituous liquor and premixed cocktails to: (i) 39
installations of the Armed Forces of the United States within this State for 40
resale on the installation; (ii) the Eastern Band of Cherokee Indians for resale 41
on Indian Country lands within this State under the jurisdiction of the Eastern 42
Band of Cherokee Indians; and (iii) to the Catawba Indian Nation for resale 43
on Indian Country lands within the State under the jurisdiction of the Catawba 44
Indian Nation. This subdivision shall not be construed to limit the ability of 45
licensed premixed cocktail wholesalers to sell and distribute premixed 46
cocktails to: (i) installations of the Armed Forces of the United States within 47
this State for resale on the installation ; (ii) the Eastern Band of Cherokee 48
Indians for resale on Indian Country lands within this State under the 49
jurisdiction of the Eastern Band of Cherokee Indians; or (iii) the Catawba 50
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 21
Indian Nation for resale on Indian Country lands within the State under the 1
jurisdiction of the Catawba Indian Nation. 2
(18) Provide for the distribution and posting of warning signs to local ABC boards 3
regarding the dangers of alcohol consumption during pregnancy as required 4
under G.S. 18B-808;G.S. 18B-808. 5
…." 6
SECTION 22.(j) G.S. 18B-204 reads as rewritten: 7
"§ 18B-204. State warehouse. 8
(a) Contracting for Private Warehouse. – The Commission shall provide for the receipt, 9
storage, and distribution of spirituous liquor and premixed cocktails by one of the following 10
methods: 11
(1) By negotiated contract with a privately owned warehouse. 12
(2) By negotiated contract with privately owned warehouses in several regions of 13
the State. The Commission shall choose locations for the warehouses to 14
promote efficient distribution of spirituous liquor and premixed cocktails to 15
all local boards, t o maintain control of that liquor, the liquor and premixed 16
cocktails, and to insure ensure the Commission's supervision of warehousing 17
procedures. 18
(3) By the construction of a warehouse, and by contracting for receipt, storage 19
and distribution of spirituous liquor and premixed cocktails by an independent 20
contractor, by negotiated contract or by the use of procedures for purchase and 21
contract by State agencies, for the operation of that warehouse. 22
(a1) Distribution of Spirituous Liquor; Liquor and Premixed Cocktails; No 23
Discrimination. – The Commission shall make a good -faith effort, without discrimination, to 24
make all spirituous liquor and premixed cocktails distributed by the Commission available to all 25
local boards. The Commission shall adopt rules regarding the ordering of spirituous liquor and 26
premixed cocktails by local boards and may suspend distribution to a local board of any limited 27
product required to be recorded pursuant to subsection (a3) of this section for a violation of any 28
rule concerning the ordering of the limited product. 29
… 30
(b) Audits and Inspections. – Contracts entered into pursuant to this section shall provide 31
all of the following: 32
… 33
(3) That all warehouse accounts relating to the receipt, storage, or distribution of 34
spirituous liquor and premixed cocktails be subject to audit by the State 35
Auditor. 36
(c) Emergency or Temporary Operation. – If the independent operator of a warehouse 37
changes, or if some other occurrence results in substantially impeded distribution of spirituous 38
liquor or premixed cocktails from a warehouse, the Commission may operate that warehouse on 39
an interim emergency or temporary basis. 40
…." 41
SECTION 22.(k) G.S. 18B-206(c) reads as rewritten: 42
"(c) Testing. – The Commission may test malt beverages, unfortified wine, premixed 43
cocktails, fortified wine, and spirituous liquor possessed or offered for sale in this State to 44
determine whether they meet the standards set by the Commission. If the Commission chooses 45
to test an alcoholic beverage, that test may be performed by the Commission, the Commission 46
may arrange for the State Chemist to perform the testing, or the Commission may have the testing 47
performed in some other mann er. The manufacturer of tested alcoholic beverages shall pay the 48
costs of the test. In lieu of testing an alcoholic beverage, the Commission may rely on testing by 49
a federal agency or an agency of another state or may accept test results from a federal age ncy, 50
an agency of another state, or the manufacturer of the alcoholic beverage or his authorized agent. 51
General Assembly Of North Carolina Session 2025
Page 22 House Bill 921-Second Edition
A manufacturer who submits test results shall also submit a fee of ten dollars ($10.00) for each 1
test result to cover administrative costs." 2
SECTION 22.(l) G.S. 18B-209 reads as rewritten: 3
"§ 18B-209. Authority to sample spirituous liquor and premixed cocktail products. 4
Notwithstanding G.S. 18B-201(d) and G.S. 133-32, and any other provision of law, members 5
and employees of the Commission may consume samples of spirituous liquor and premixed 6
cocktail products under consideration for approval for sale in this State, free of charge. No person 7
may consume more than one 0.25 ounce tasting sample of each product for this purpose. Such a 8
sample shall not constitute a gift for purposes of G.S. 133-32. Tastings may be conducted 9
pursuant to this section on property owned by the ABC Commission." 10
SECTION 22.(m) G.S. 18B-211 reads as rewritten: 11
"§ 18B-211. Special purchase allowance limitation. 12
The Commission shall notify industry members and local boards at least 60 days in advance 13
of the effective date of an approved retail price reduction for a spirituous liquor or premixed 14
cocktail product. The price of the spirituous liquor or the premixed cocktail for local boards shall 15
be reduced only for the 30 days that the approved retail price reduction is in effect." 16
SECTION 22.(n) G.S. 18B-300, as amended by Section 17(a) of this a ct, reads as 17
rewritten: 18
"§ 18B -300. Purchase, possession and consumption of malt beverages and unfortified 19
wine.malt beverages, unfortified wine, and premixed cocktails. 20
(a) Generally. – Except as otherwise provided in this Chapter, the purchase, consumption, 21
and possession of malt beverages and unfortified wine malt beverages, unfortified wine, and 22
premixed cocktails by individuals 21 years old and older for their own use is permitted without 23
restriction. 24
(a1) Consumption on Premises During Time of Permit Revocation or Suspension. – It shall 25
be unlawful to consume or for a permittee or a permittee's agent or employee to allow the 26
consumption of malt beverages or unfortified wine malt beverages, unfortified wine, or premixed 27
cocktails on the premises of any business during the period of time that any on -premises permit 28
or service business permit issued to the business authorizing the sale or consumption of malt 29
beverages or unfortified wine malt beverages, unfortified wine, or premixed cocktails has been 30
suspended or revoked by the Commission. The prohibition in this subsection does not apply to 31
the premises upon which the business was located at the time the permit was suspended or 32
revoked if the business ceases to operate in that location and the owner of the property is not the 33
permittee, provided that the permittee is not engaged in any other business or other activity on 34
the premises during the period of suspension or revocation. 35
(b) Consumption at Off -Premises Establishment. – It shall be unlawful to consume, or 36
for a permittee to allow the consumption of, malt beverages or unfortified wine malt beverages, 37
unfortified wine, or premixed cocktails on any premises having only an off-premises permit for 38
the kind of alcoholic beverage being consumed. 39
(c) Local Ordinance. – A city or county may by ordinance:ordinance do any of the 40
following: 41
(1) Regulate or prohibit the consumption of malt beverages and unfortified wine 42
malt beverages, unfortified wine, and premixed cocktails on the public streets 43
in that city or county by persons who are not occupants of motor vehicles and 44
on property owned, occupied, or controlled by that city or county;county. 45
(2) Regulate or prohibit the possession of open containers of malt beverages and 46
unfortified wine malt beverages, unfortified wine, and premixed cocktails on 47
public streets in that city or county by persons who are not occupants of motor 48
vehicles and on property owned, occupied, or controlled by that city or county; 49
andcounty. 50
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 23
(3) Regulate or prohibit the possession of malt beverages and unfortified wine 1
malt beverages, unfortified wine, and premixed cocktails on public streets, 2
alleys, or parking lots which ar e temporarily closed to regular traffic for 3
special events. 4
For the purposes of this subsection, an open container means a container whose seal has been 5
broken or a container other than the manufacturer's unopened original container. As provided by 6
G.S. 18B-102(a), possession or consumption of alcoholic beverages is unlawful except as 7
authorized by the ABC law." 8
SECTION 22.(o) G.S. 18B-300.1 reads as rewritten: 9
"§ 18B-300.1. Authorization and regulation of social districts. 10
… 11
(j) Interaction with Other Pe rmits. – The Commission shall issue permits for special 12
events occurring partially or entirely within the boundaries of a social district as follows: 13
… 14
(2) A permittee holding a winery special event permit, malt beverage special 15
event permit, or spirituous liquor special event permit permit, or premixed 16
cocktail special event permit pursuant to G.S. 18B-1114.1, 18B-1114.5, and 17
18B-1114.7, and 18B -1114.9, respectively, may sell and serve products at 18
special events taking place in a social district. 19
(3) A permittee holding a mixed beverages catering permit pursuant to 20
G.S. 18B-1001(12) may serve spirituous liquor and premixed cocktails to 21
guests at events taking place in a social district." 22
SECTION 22.(p) G.S. 18B-301(f) reads as rewritten: 23
"(f) Unlawful P ossession or Use. – As illustration, but not limitation, of the general 24
prohibition stated in G.S. 18B-102(a), it shall be unlawful for: 25
(1) Any person to consume fortified wine, premixed cocktails, spirituous liquor, 26
or mixed beverages or to offer such beverages to another person at any of the 27
following places: 28
a. Unless a consumer tasting authorized by G.S. 18B-1114.7 is being 29
conducted, on the premises of an ABC store. 30
b. Upon any property used or occupied by a local board. 31
c. On any public road, street, highway, or sidewalk, unless a consumer 32
tasting authorized by G.S. 18B-1114.7 or G.S. 18B-1114.9 is being 33
conducted. 34
(2) Any person to display publicly at an athletic contest fortified wine, spirituous 35
liquor, or mixed beverages;beverages. 36
(3) Any person to permit any fortified wine, spirituous liquor, or mixed beverages 37
to be possessed or consumed upon any premises not authorized by this 38
Chapter;Chapter. 39
(4) Any person to possess or consume any fortified wine, spirituous liquor, or 40
mixed beverages upon any premises where such possession or consumption is 41
not authorized by law, or where the person has been forbidden to possess or 42
consume that beverage by the owner or other person in charge of the 43
premises;premises. 44
(5) Any person to possess on any of the pr emises described in subsections (a) 45
through (c) of this section a greater amount of fortified wine or spirituous 46
liquor than authorized by this Chapter;Chapter. 47
(6) Any permittee, other than a mixed beverage or culinary permittee, to possess 48
spirituous liquor or mixed beverages on his the permittee's licensed premises. 49
(7) Any person to possess on his or her person or consume malt beverages or 50
unfortified wine malt beverages, unfortified wine, or premixed cocktails upon 51
General Assembly Of North Carolina Session 2025
Page 24 House Bill 921-Second Edition
any property owned or leased by a local board of education and used by the 1
local board of education for school purposes. Provided, however, the 2
prohibition in G.S. 18B-102(a) and this subdivision shall not apply on 3
property owned by a local board of education which was leased for 99 years 4
or more to a nonprofit auditorium authority created prior to 1991 whose 5
governing board is appointed by a city board of aldermen, a county board of 6
commissioners, or a local school board." 7
SECTION 22.(q) G.S. 18B-302 reads as rewritten: 8
"§ 18B-302. Sale to or purchase by underage persons. 9
(a) Sale. – It is unlawful for any person to do any of the following: 10
(1) Sell malt beverages or unfortified wine malt beverages, unfortified wine, or 11
premixed cocktails to anyone less than 21 years old. 12
(2) Sell fortified wine, spirituous liquor, or mixed beverages to anyone less than 13
21 years old. 14
(a1) Give. – It is unlawful for any person to do any of the following: 15
(1) Give malt beverages or unfortified wine malt beverages, unfortified wine, or 16
premixed cocktails to anyone less than 21 years old. 17
(2) Give fortified wine, spirituous liquor, or mixed beverages to anyone less than 18
21 years old. 19
(b) Purchase, Possession, or Consumption. – It is unlawful for a person less than 21 years 20
old to do any of the following: 21
(1) Purchase, attempt to purchase, or possess malt beverages or unfortified 22
wine.malt beverages, unfortified wine, or premixed cocktails. 23
(2) Purchase, attempt to purchase, or possess fortified wine, spirituous liquor, or 24
mixed beverages. 25
(3) Consume any alcoholic beverage. 26
…." 27
SECTION 22.(r) G.S. 18B-401(a) reads as rewritten: 28
"(a) Opened Containers. – Except as authorized by a common carrier vehicle permit under 29
G.S. 18B-1001(23), it shall be unlawful for a person to transport fortified wine premixed 30
cocktails, fortified wine, or spirituous liquor in the passenger area of a motor vehicle in other 31
than the manufacturer's unopened original container. It shall be unlawful for a person who is 32
driving a motor vehicle on a highway or public vehicular area to consume in the passenger area 33
of that vehicle any malt beverage or unfortified wine. Violation of this subsection shall constitute 34
a Class 3 misdemeanor." 35
SECTION 22.(s) G.S. 18B-404 reads as rewritten: 36
"§ 18B -404. Additional provisions for purchase and transportation by mixed beverage 37
permittees. 38
… 39
(e) Electronic Payment. – A local board shall accept electronic payments for any 40
spirituous liquor and premixed cocktails purchased by a mixed beverages permittee. A local 41
board may not charge a fee for accepting electronic payments under this subsection. For purposes 42
of this subsection, the term "electronic payment" means payment by debit card or by electronic 43
funds transfer as defined in G.S. 105-228.90, but does not include payment by charge card or 44
credit card. 45
… 46
(g) Premixed Cocktails. – A mixed beverage permittee may purchase premixed cocktails 47
from either a premixed cocktail wholesaler permittee licensed under this Chapter or an ABC store 48
designated as a mixed beverage ABC store . The premixed cocktail wholesaler permittee may 49
offer delivery services to retail permittees authorized to sell premixed cocktails." 50
SECTION 22.(t) G.S. 18B-503(e) reads as rewritten: 51
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 25
"(e) Sale Procedure. – The procedure for the sale of seized alcoholic beverages shall be as 1
follows: 2
(1) Wine. – The sale of unfortified wine or fortified wine shall be by public 3
auction unless those wines would likely become spoiled or lose value in the 4
time required to arrange a public auction. If spoilage or loss of value is likely, 5
the judge ordering the sale or the Commission may authorize sale at the 6
prevailing wholesale price, as determined by the Commission, to one or more 7
persons holding the appropriate retail wine permits in the county in which the 8
wine was seized, or in a neighboring county if there are no such persons in the 9
county in which the wine was seized. 10
(2) Premixed cocktails. – The sale of premixed cocktails shall be by public 11
auction unless those premixed cocktails would likely become spoiled or lose 12
value in the time required to arrange a public auction. If spoilage or loss of 13
value is likely, the judge ordering the sal e or the Commission may authorize 14
either of the following: 15
a. Sale at the prevailing wholesale price, as dete rmined by the 16
Commission, to one or more persons holding a retail permit 17
authorizing the sale of premixed cocktails in the county in which the 18
premixed cocktails were seized, or in a neighboring county if there are 19
no such persons in the county in which the premixed cocktails were 20
seized. 21
b. Sale to the local ABC board serving the city or county in which the 22
premixed cocktails were seized, or, if there is no local board for that 23
city or county, to the nearest local board. The sale price shall be at least 24
ten percent (10%) less than the price the local board would pay for the 25
same premixed cocktails bought through the State warehouse. 26
(3) Spirituous liquor. – Spirituous liquor may be sold only to the local ABC board 27
serving the city or county in which the liquor was seized, or, if there is no local 28
board for that city or county, to the nearest local board. The sale price shall be 29
at least ten percent (10%) less than the price the local board would pay for the 30
same liquor bought through the State warehouse." 31
SECTION 22.(u) G.S. 18B-600(h) reads as rewritten: 32
"(h) Railroad Passenger Terminus Location Elections. – Notwithstanding any other 33
provision of this section, any city or town that is the passenger terminus of a rail line that carries 34
at least 60,000 passengers annually may hold an election authorized by subdivisions (a)(1) and 35
(a)(2) of this section. Any election held under this subsection shall be for the on-premises sale of 36
malt beverages and premixed cocktails and the on-premises sale of unfortified wine and premixed 37
cocktails pursuant to G.S. 18B-602(a)(2) and G.S. 18B-602(d)(2)." 38
SECTION 22.(v) G.S. 18B-602 reads as rewritten: 39
"§ 18B-602. Form of ballots. 40
(a) Malt Beverage Elections. – Any one or more of the propositions listed below may be 41
placed on the ballot for a malt beverage election. Each voter may vote on each proposition on the 42
ballot. The propositions to be used shall be chosen by the governing body or petitioner requesting 43
the election. The propositions shall read as follows: 44
(1) To permit the "on -premises" and "off -premises" sale of malt 45
beverages.beverages and premixed cocktails. 46
[ ] FOR 47
[ ] AGAINST 48
(2) To permit the "on -premises" sale only of malt beverages.beverages and 49
premixed cocktails. 50
[ ] FOR 51
General Assembly Of North Carolina Session 2025
Page 26 House Bill 921-Second Edition
[ ] AGAINST 1
(3) To permit the "off -premises" sale only of malt beverages.beverages and 2
premixed cocktails. 3
[ ] FOR 4
[ ] AGAINST 5
(4) To permit the "on-premises" sale of malt beverages and premixed cocktails by 6
Class A hotels, motels, and restau rants only; and to permit "off -premises" 7
sales by other permittees. 8
[ ] FOR 9
[ ] AGAINST 10
(b) Determining Results of Malt Beverage Election. – The kind of malt alcoholic 11
beverage sales described in each proposition that receives a majority of votes "FOR" s hall be 12
allowed. If propositions (2) and (4) are both on the ballot and (2) receives a majority of votes 13
"FOR," then sales shall be permitted according to that proposition regardless of the vote on (4). 14
If one of the propositions receiving a majority of vo tes "FOR" is proposition (1), then the kind 15
of sales described in that proposition shall be allowed regardless of the vote on any other 16
proposition at that election. 17
… 18
(d) Unfortified Wine Elections. – Any one or more of the propositions listed below may 19
be placed on the ballot for an unfortified wine election. Each voter may vote on each proposition 20
on the ballot. The propositions to be used shall be chosen by the governing body or petitioner 21
requesting the election. The propositions shall read as follows: 22
(1) To permit the "on-premises" and "off-premises" sale of unfortified wine.wine 23
and premixed cocktails. 24
[ ] FOR 25
[ ] AGAINST 26
(2) To permit the "on-premises" sale only of unfortified wine.wine and premixed 27
cocktails. 28
[ ] FOR 29
[ ] AGAINST 30
(3) To permit the "off-premises" sale only of unfortified wine.wine and premixed 31
cocktails. 32
[ ] FOR 33
[ ] AGAINST 34
(e) Determining Results of Unfortified Wine Election. – The kind of unfortified wine 35
alcoholic beverage sales described in each proposition that receives a majority of votes "FOR" 36
shall be allowed. If one of the propositions receiving a majority of votes "FOR" is proposition 37
(1), then the kind of sales described in that proposition shall be allowed, regardless of the vote 38
on any other proposition at that election. 39
… 40
(h) Mixed Beverage Elections. – The ballot for a mixed beverage election shall state the 41
proposition as follows: 42
To permit the sale of mixed beverages in hotels, restaurants, private clubs, community 43
theatres, and convention centers and the "on-premises" and "off-premises" sale of malt beverages 44
and unfort ified wine malt beverages, unfortified wine, and premixed cocktails in qualified 45
establishments. 46
[ ] FOR 47
[ ] AGAINST" 48
SECTION 22.(w) G.S. 18B-603, as amended by Section 17(b) of this act, reads as 49
rewritten: 50
"§ 18B-603. Effect of alcoholic beverage elections on issuance of permits. 51
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 27
… 1
(d) Mixed Beverage Elections. – If a mixed beverage election is held under 2
G.S. 18B-602(h) and the sale of mixed beverages is approved, the Commission may issue permits 3
to qualified persons and establishments in the jurisdiction that held the election as follows: 4
… 5
(3a) The Commission may issue either any of the following permits in any 6
jurisdiction that has voted to permit the sale of mixed beverages, regardless of 7
any other local act concerning sales of those kinds of alcoholic beverages: 8
a. On-premises malt beverage permits to any establishment that meets 9
the requirements of G.S. 18B-1001(1). 10
b. On-premises unfortified wine permits to any establishment that meets 11
the requirements of G.S. 18B-1001(3). 12
c. On-premises fortified wine permits to any establishment that meets the 13
requirements of G.S. 18B-1001(5). 14
… 15
(d2) If a county or city holds a mixed beverage election and an ABC store election at the 16
same time and the v oters approve the sale of mixed beverages but do not approve the 17
establishment of an ABC store, the Commission may issue mixed beverages permits in that 18
county or city. 19
… 20
(h) Permits Based on Existing Permits. – In any county which borders on the Atlantic 21
Ocean and where (i) the sale of malt beverage on and off premises, the sale of unfortified wine 22
on and off premises, the sale of mixed beverages, and the operation of an ABC system has been 23
allowed in at least six cities in the county, or in any county adj acent to that county in which an 24
ABC system has been allowed, or (ii) the sale of malt beverage on and off premises, the sale of 25
unfortified wine on and off premises, the sale of mixed beverages, and the operation of an ABC 26
system has been allowed in at least eight cities in the county, the Commission may issue permits 27
to sports clubs as defined in G.S. 18B-1000(8) throughout the county. 28
The Commission may issue any of the following permits: 29
(1) On and Off Premises Malt Beverage;Beverage. 30
(2) On and Off Premises Unfortified Wine;Wine. 31
(3) On and Off Premises Fortified Wine; orWine. 32
(4) Mixed Beverages. 33
The Commission may also issue on-premises malt beverage, unfortified wine, fortified wine 34
wine, and mixed beverages permits to a sports club located in a coun ty adjacent to any county 35
that has approved the sale of mixed beverages pursuant to G.S. 18B-603(d1), if the county in 36
which the sports club is located borders another state and has at least one city that has approved 37
the sale of mixed beverages. Sports cl ubs holding mixed beverages permits shall purchase their 38
spirituous liquor at the nearest ABC system store that is located in the county. Sports clubs 39
holding malt beverage, unfortified wine, fortified wine, or mixed beverages permits may 40
purchase premixed cocktails from a premixed cocktail wholesaler permittee licensed under this 41
Chapter or at the nearest ABC system store that is located in the county. 42
The Commission may further issue on -premises malt beverage and on -premises unfortified 43
wine permits to a sports club located in a county bordering on another state that is adjacent to 44
any county in which permits were issued pursuant to this subsection prior to August 1, 1993. The 45
sports clubs must be located in the unincorporated areas of a county, in which t he sale of malt 46
beverages and unfortified wine is not permitted, and where there are six or more municipalities 47
in that county where the sale of malt beverages and unfortified wine is permitted. 48
(i) Service Business Permits. – The Commission may only issue service business permits 49
provided for in G.S. 18B-1001(26) to qualified persons and establishments located within a 50
General Assembly Of North Carolina Session 2025
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jurisdiction in which on-premises malt beverage permits or on-premises unfortified wine permits 1
may be issued, subject to the following restrictions: 2
(1) If on-premises malt beverage permits, but not on -premises unfortified wine 3
permits, may be issued in the jurisdiction, the service business permittee may 4
furnish only malt beverages and premixed cocktails to customers. 5
(2) If on-premises unfortified wine permits, but not on -premises malt beverage 6
permits, may be issued in the jurisdiction, the service business permittee may 7
furnish only unfortified wine and premixed cocktails to customers. 8
(3) If on -premises malt beverage permits and on -premises unfortified wine 9
permits may be issued in the jurisdiction, the service business permittee may 10
furnish malt beverages beverages, premixed cocktails, and unfortified wine to 11
customers." 12
SECTION 22.(x) G.S. 18B-701(a) reads as rewritten: 13
"(a) Powers. – A local board shall have authority to do all of the following: 14
(1) Buy, sell, transport, and possess alcoholic beverages as necessary for the 15
operation of its ABC stores. In providing delivery of spirituous liquor and 16
premixed cocktails to a mixed beverage s permittee, as required by 17
G.S. 18B-404(f), the local board may use its employees or contract with one 18
or more independent contractors and may charge a fee to the permittee. A 19
mixed beverage permittee may contract with an independent contractor to 20
provide delivery of spirituous liquor and premixed cocktails from an ABC 21
board's store or warehouse to the permittee's premises. 22
(1a) Contract with an independent contractor to provide delivery of its spirituous 23
liquor and premixed cocktails from the local board' s warehouse to the local 24
board's ABC stores, provided all of the following conditions are met: 25
… 26
e. The independent contractor contractually assumes liability for any 27
damage, breakage, or theft of the spirituous liquor alcoholic beverages 28
to be delivered f rom the time possession is taken by the independent 29
contractor from the local board until delivery of the spirituous liquor 30
alcoholic beverages to the ABC store is acknowledged in writing by 31
the manager or an employee of that ABC store. 32
…." 33
SECTION 22.(y) G.S. 18B-707 reads as rewritten: 34
"§ 18B-707. Authority to sample spirituous liquor and premixed cocktail products. 35
Notwithstanding G.S. 18B-201(d) and G.S. 133-32, and any other provision of law, members 36
of a local board and general managers or store man agers of ABC stores may consume samples 37
of spirituous liquor and premixed cocktail products under consideration for approval for sale by 38
the local board, free of charge. No person may consume more than one 0.25 ounce tasting sample 39
of each product for this purpose. Such a sample shall not constitute a gift for purposes of 40
G.S. 133-32. Tastings may be conducted pursuant to this section on property owned by the local 41
board but may not be conducted in publicly accessible areas of any ABC store." 42
SECTION 22.(z) G.S. 18B-708 reads as rewritten: 43
"§ 18B-708. Sale of certain spirituous liquors and premixed cocktails below distiller's price. 44
(a) Notwithstanding G.S. 18B-804(b), G.S. 18B-804(b) and (e), the Commission may 45
authorize a local board to sell certain spirituous liquors and premixed cocktails below the price 46
paid by the local board for the spirituous liquors, alcoholic beverages, including the bailment 47
charge and surcharge, upon request from the local board. Before allowing the local board to sell 48
spirituous liquor or premixed cocktails below the price paid by the local board, the Commission 49
shall verify that allowing the price reduction will not cause the local board to operate at an annual 50
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 29
net loss or, if the local board was already operating at a loss, will not cause the local board to 1
incur additional annual net revenue losses. 2
…." 3
SECTION 22.(aa) G.S. 18B-800, as amended by Section 4(a) of this act, reads as 4
rewritten: 5
"§ 18B-800. Sale of alcoholic beverages in ABC stores. 6
(a) Spirituous Liquor. – Except as provided in Articles 10 and 11 of this Chapter, 7
spirituous liquor may be sold only in ABC stores operated by local boards. For purposes of this 8
subsection, the term "sold only in ABC sto res operated by local boards" includes online orders 9
placed in accordance with subsection (c3) of this section. 10
(a1) Premixed Cocktails. – In addition to spirituous liquor, ABC stores may sell premixed 11
cocktails. 12
(b) Fortified Wine. – In addition to spirituous liquor, liquor and premixed cocktails, ABC 13
stores may sell fortified wine. ABC stores may also sell wine products, irrespective of alcohol 14
content by volume, which were classified as fortified wine by the ABC Commission prior to July 15
7, 2004. 16
(b1) Consumer Specialty Items. – ABC stores may sell branded consumer specialty items 17
such as bottle or can openers, cork screws, muddlers, ashtrays, shopping bags, individual can 18
coolers, drinking glasses, clothing, or key chains that are packaged with a spirituo us liquor or 19
premixed cocktail product. A branded consumer specialty item shall not include a tobacco, vapor, 20
or hemp product or tobacco, vapor, or hemp paraphernalia. The Commission may approve the 21
retail price for a spirituous liquor or premixed cocktail product packaged by the producer with 22
one or more branded specialty items at a different price than an individual bottle or container of 23
the same spirituous liquor or premixed cocktail product. The local board shall not remove a 24
spirituous liquor or premi xed cocktail product packaged by the producer with one or more 25
branded specialty items from the package. 26
… 27
(c2) Orders of Distillery Products by Mixed Beverages Permittees. – A local board shall 28
fulfill an order by a mixed beverages permittee for individual bottles or cases of spirituous liquor 29
and premixed cocktails produced by a distillery that are listed as a regular code item for sale in 30
the State. If a local board cannot fulfill an order of a mixed beverages permittee for individual 31
bottles or cases of spirituous liquor or premixed cocktails produced by a distillery that are listed 32
as a regular code item for sale in the State because the product ordered is not in the local board's 33
stock inventory or the order cannot otherwise be fulfilled within the time period requested by the 34
permittee, either of the following shall occur: 35
(1) The permittee may request to have an eligible distillery that produces the 36
ordered product ship the product directly to the local board. The local board 37
shall notify the Commission within 48 hours of the request for the order and 38
request aut horization for direct shipment. The Commission shall then 39
determine if the eligible distillery desires to directly ship the ordered product 40
directly to the local board, and if so, the Commission shall authorize the 41
eligible distillery to ship the spirituou s liquor or premixed cocktails ordered 42
to the local board for the fulfillment of the mixed beverages permittee's order. 43
Merchandise authorized to be shipped by direct shipment under this 44
subdivision shall be consigned by the State ABC warehouse to the dist iller's 45
account in care of the local board. The local board shall acknowledge receipt 46
of the merchandise on the shipping documents and forward them to the State 47
ABC warehouse for processing through the accounting system as though the 48
merchandise were shipp ed from the State ABC warehouse. As used in this 49
subdivision, an "eligible distillery" is a distillery (i) that sells, to consumers at 50
the distillery, to exporters, to local boards, and to private or public agencies or 51
General Assembly Of North Carolina Session 2025
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establishments of other states or nat ions, fewer than 10,000 proof gallons of 1
in-house brand spirituous liquors and premixed cocktails distilled or produced 2
and manufactured by it at the permit holder's distillery per year, and (ii) that 3
is either the holder of a distillery permit pursuant to G.S. 18B-1105 or is a 4
business located outside the State that is licensed or permitted to manufacture 5
spirituous liquor and premixed cocktails in the jurisdiction where the business 6
is located and whose products are lawfully sold in this State. 7
(2) If the permittee does not request direct shipment pursuant to subdivision (1) 8
of this subsection, the local board shall provide a waiver to be obtained by the 9
permittee in person at the ABC store with the portion of the permittee's order 10
that the local board was able to fulfill, if any. The waiver shall authorize the 11
permittee to purchase the product from any other ABC store in the State that 12
is designated as a mixed beverage ABC store pursuant to G.S. 18B-404(c). 13
The Commission shall create a standard waiver for m to include the name of 14
the permittee and the permittee's establishment, the permit number of the 15
permitted establishment, the name and code item of the ordered product, the 16
date on which the local board was unable to fulfill the order, and the signature 17
of a representative of the local board that could not fulfill the order or the 18
manager of the ABC store that provided the waiver form. The waiver shall be 19
valid for 90 calendar days from the date of issuance. The permittee may 20
purchase the ordered product as provided on the waiver at any other ABC 21
store in the State that is designated as a mixed beverage ABC store pursuant 22
to G.S. 18B-404(c) upon presentation and relinquishment of the waiver at the 23
ABC store. 24
…." 25
SECTION 22.(bb) G.S. 18B-801(d) reads as rewritten: 26
"(d) Insolvent ABC System. – If an ABC system is insolvent, the local board may apply 27
to the Commission for an order to close the system. Upon receipt of an application, or upon its 28
own motion, the Commission shall investigate the system, and if it finds that further operation of 29
the ABC stores will not be profitable, it may order the system closed. If the Commission orders 30
a local system to close, the Commission may:may do any of the following: 31
(1) After consultation with the local board, its cred itors, and other interested 32
parties, schedule a phase out of the system's business activities;activities. 33
(2) Represent the local board in negotiations with creditors and other interested 34
parties;parties. 35
(3) Require an accounting or auditing of the local system;system. 36
(4) Take possession or arrange for the disposition of any liquor or premixed 37
cocktails for which the local board has not paid;paid. 38
(5) Apply to the Superior Court to be appointed as receiver for the local board 39
with all powers and duties of a receiver for a corporation under Article 38 of 40
Chapter 1 of the General Statutes, except that the Commission shall not be 41
required to post the bond required by G.S. 1-504; orG.S. 1-504. 42
(6) Take any other reasonable steps to promote an orderly closing of the system." 43
SECTION 22.(cc) G.S. 18B-804 reads as rewritten: 44
"§ 18B-804. Alcoholic beverage pricing. 45
(a) Uniform Price of Spirituous Liquor. – The retail price of spirituous liquor sold in ABC 46
stores and permitted distilleries shall be uniform throughout the State, unless otherwise provided 47
by the ABC law. The retail price of premixed cocktails sold in ABC stores shall be uniform 48
throughout the State. 49
(b) Sale Price of Spirituous Liquor. – The sale of spirituous liquor, including antique 50
spirituous liquor, sold at the uniform State price shall consist of the following components: 51
General Assembly Of North Carolina Session 2025
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… 1
(8) If the spirituous liquor is sold to a mixed beverage permittee or mobile bar 2
services permittee for resale in mixed beverages, a charge of twenty dollars 3
($20.00) on each four liters and a proportional sum on lesser quantities. This 4
subdivision shall not apply to premixed cocktails sold to a mixed beverage 5
permittee in a closed package for resale in or from the closed package, and a 6
mixed beverages tax stamp shall not be required on these closed packages. 7
(9) If the spirituous liquor is sold to a guest room cabinet permittee for resale, a 8
charge of twenty dollars ($20.00) on each four liters and a proportional sum 9
on lesser quantities. 10
… 11
(e) Sale Price of Premixed Cocktails. – The retail price of premixed cocktails sold in 12
ABC stores shall be established by the Commission and shall be uniform throughout the State . 13
This price shall not affect the price of premixed cocktails sold outside of ABC stores. The sale 14
of premixed cocktails sold at the uniform State price in ABC stores shall consist of the following 15
components: 16
(1) The distiller's price. 17
(2) The freight and bailment charges of the State warehouse as determined by the 18
Commission. 19
(3) A markup for local boards as determined by the Commission. 20
(4) The tax levied under G.S. 105-113.80(d). 21
(5) An additional markup for local boards equal to three and one -half percent (3 22
1/2%) of the sum of subdivisions (1), (2), and (3) of this subsection. 23
(6) A charge of one cent (1¢) on each bottle containing 50 milliliters or less and 24
five cents (5¢) on each bottle containing more than 50 milliliters. For any 25
nonbottled product, a charge of one cent (1¢) on each stock keeping unit 26
containing not more than 5 0 milliliters and five cents (5¢) on each stock 27
keeping unit containing more than 50 milliliters. 28
(7) The bailment surcharge. 29
(8) An additional charge for local boards of one cent (1¢) on each bottle 30
containing 50 milliliters or less and five cents (5¢) on each bottle containing 31
more than 50 milliliters. For any nonbottled product, a charge of one cent (1¢) 32
on each stock keeping unit containing not more than 50 milliliters and five 33
cents (5¢) on each stock keeping unit containing more than 50 milliliters. 34
(9) A rounding adjustment, the formula of which may be determined by the 35
Commission, so that the sale price will be divisible by five." 36
SECTION 22.(dd) G.S. 18B-805 reads as rewritten: 37
"§ 18B-805. Distribution of revenue. 38
… 39
(b) Primary Distribution. – Before making any other distribution, a local board shall first 40
pay the following from its gross receipts: 41
… 42
(4) Each month the local board shall pay to the county commissioners of the 43
county where the charge is charges are collected the proceeds from the charge 44
charges required by G.S. 18B-804(b)(6), G.S. 18B-804(b)(6) and (e)(6), to be 45
spent by the county commissioners for the purposes stated in subsection (h) 46
of this section. 47
(c) Other Statutory Distributions. – After making the distributions required by subsection 48
(b), a local board shall make the following quarterly distributions from the remaining gross 49
receipts. 50
General Assembly Of North Carolina Session 2025
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(1) Before making any other distribution under this subsection, the local board 1
shall set aside the clear proceeds of the three and one -half percent (3 ½%) 2
markup provided for in G.S. 18B-804(b)(5) and (e)(5) and the charge charges 3
provided for in G.S. 18B-804(b)(6b), G.S. 18B-804(b)(6b) and (e)(8), to be 4
distributed as part of the remaining gross receipts under subsection (e) of this 5
section. 6
… 7
(i) Calculation of Statutory Distributions When Liquor or Premixed Cocktails Sold at 8
Less Than Uniform Price. – If a local board sells liquor or premixed cocktails at less than the 9
uniform State price, distributions required by subsections (b) and (c) shall be calculated as though 10
the liquor was or premixed cocktails were sold at the uniform price." 11
SECTION 22.(ee) G.S. 18B-900 reads as rewritten: 12
"§ 18B-900. Qualifications for permit. 13
(a) Requirements. – To be eligible to receive and to hold an ABC permit, a person must 14
satisfy all of the following requirements: 15
… 16
(2) Be a resident of North Carolina, unless any of the following apply: 17
… 18
c. The person is applying for a nonresident malt beverage vendor permit, 19
a nonresident wine vendor permit, a nonresident premixed cocktail 20
vendor perm it, a nonresident spirituous liquor vendor permit, or a 21
vendor representative permit. 22
… 23
To avoid undue hardship, however, the Commission may decline to take action under 24
G.S. 18B-104 against a permittee who is in vi olation of subdivisions (3), (4), or (5) of this 25
subsection. 26
… 27
(d) Manager of Off-Premises Establishment. – Although the manager of an establishment 28
operated by a corporation and holding off-premises permits for malt beverages, unfortified wine, 29
or fortified wine is not otherwise required to meet the requirements of this section, the manager 30
must be at least 19 years old and must meet the requirements of subdivisions (3), (4), (5) and (6) 31
of subsection (a) of this section. 32
…." 33
SECTION 22.(ff) G.S. 18B-902, as amended by Section 17(c) of this act, reads as 34
rewritten: 35
"§ 18B-902. Application for permit; fees. 36
… 37
(d) Fees. – An application for an ABC permit shall be accompanied by payment of the 38
following application fee: 39
… 40
(20) Malt beverage importer permit – $300.00. 41
(21) Malt beverage wholesaler permit – $300.00. 42
(21a) Premixed cocktail wholesaler permit – $300.00. 43
… 44
(25) Nonresident malt beverage vendor permit – $100.00. 45
(26) Nonresident wine vendor permit – $100.00. 46
(26a) Nonresident premixed cocktail vendor permit – $100.00. 47
… 48
(44) Spirituous liquor special event permit – $200.00. 49
(44a) Premixed cocktail special event permit – $200.00. 50
…." 51
General Assembly Of North Carolina Session 2025
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SECTION 22.(gg) G.S. 18B-903, as amended by Section 17(d) of this act, reads as 1
rewritten: 2
"§ 18B-903. Duration of permit; renewal and transfer. 3
… 4
(c) Change in Ownership. – 5
… 6
(2) Notwithstanding subsection (e) of this section, any person who through 7
contract, lease, management agreement, or change of ownership or transfer of 8
business as provided in subdivision (1) of this subsection becomes lawfully 9
entitled to use and control of t he premises of an establishment that holds 10
permits immediately prior to such change of ownership may continue to 11
operate the establishment, as successor to the prior permittee, to the same 12
extent as the predecessor permittee until the person receives a tem porary or 13
new permit, including purchasing malt beverages, unfortified wine, premixed 14
cocktails, or fortified wine to be resold for on -premises or off -premises 15
consumption, or spirituous liquor for use in mixed beverages sold by the 16
establishment, as appli cable under the permit, subject to the following 17
limitations: 18
…." 19
SECTION 22.(hh) G.S. 18B-1001, as amended by Sections 2, 12(b), 17(f), 23(a), 20
and 24 of this act, reads as rewritten: 21
"§ 18B-1001. Kinds of ABC permits; places eligible. 22
When the issuance of the permit is lawful in the jurisdiction in which the premises are located, 23
the Commission may issue the following kinds of permits: 24
(1) On-Premises Malt Beverage Permit. – An on-premises malt beverage permit 25
authorizes (i) the retail sale of malt bever ages for consumption on the 26
premises, either alone or mixed with other beverages, (ii) the retail sale of malt 27
beverages in the manufacturer's original container for consumption off the 28
premises, and (iii) the retail sale of malt beverages in a cleaned and sanitized 29
container that is filled or refilled and sealed for consumption off the premises 30
and that identifies the permittee and the date the container was filled or 31
refilled. refilled, and (iv) the retail sale of premixed cocktails in the 32
manufacturer's original container for consumption on or off the premises. The 33
permit also authorizes the permittee to transfer malt beverages, beverages and 34
premixed cocktails, not more than four times per calendar year, to another 35
on-premises malt beverage permittee that is under common ownership or 36
control as the transferor. Except as authorized by this subdivision, transfers of 37
malt beverages or premixed cocktails by on -premises malt beverage 38
permittees, purchases of malt beverages or premixed cocktails by a retail 39
permittee from another retail permittee for the purpose of resale, and sales of 40
malt beverages or premixed cocktails by a retail permittee to another retail 41
permittee for the purpose of resale are unlawful. In addition, a particular brand 42
of malt beverages or premixed cocktails may be transferred only if both the 43
transferor and transferee are located within the territory designated between 44
the brewery or distiller and the wholesaler on file with the Commission. Prior 45
to or contemporaneous with any such transfer, the transferor shall notify each 46
wholesaler who distributes the transferred product of the transfer. The notice 47
shall be in writing or verifiable electronic format and shall identify the 48
transferor and transferee, the date of the transfer, quantity, and items 49
transferred. It also authorizes the holder of the permit to ship malt beverages 50
General Assembly Of North Carolina Session 2025
Page 34 House Bill 921-Second Edition
or premixed cocktails in closed containers to individual purchasers inside and 1
outside the State. The permit may be issued for any of the following: 2
a. Restaurants. 3
b. Hotels. 4
c. Eating establishments. 5
d. Food businesses. 6
e. Retail businesses. 7
f. Private clubs. 8
g. Convention centers. 9
h. Community theatres. 10
i. Breweries as authorized by subdivisions (7) and (8) of 11
G.S. 18B-1104(a). 12
j. Sports and entertainment venues. 13
k. Bars. 14
l. The holder of a distillery permit authorized under G.S. 18B-1105. 15
m. Wineries as authorized by G.S. 18B-1101(5a) and G.S. 18B-1102(5a). 16
(2) Off-Premises Malt Beverage Permit. – An off-premises malt beverage permit 17
authorizes (i) the retail sale of malt beverages or premixed cocktails in the 18
manufacturer's original container for consumption off the premises, (ii) the 19
retail sale of malt beverages in a cleaned and sanitized container that is filled 20
or refilled and sealed for consumption off the premises and that identifies the 21
permittee and the date the container was filled or refilled, and (iii) the holder 22
of the permit to ship malt beverages or premixed cocktails in closed containers 23
to individual purchasers inside and outside the State. The permit also 24
authorizes the permittee to transfer malt beverages, beverages and premixed 25
cocktails, not more than four times per calendar year, to another off-premises 26
malt beverage permittee that is under common ownership or cont rol as the 27
transferor. Except as authorized by this subdivision, transfers of malt 28
beverages or premixed cocktails by off-premises malt beverage permittees, 29
purchases of malt beverages or premixed cocktails by a retail permittee from 30
another retail permittee for the purpose of resale, and sales of malt beverages 31
or premixed cocktails by a retail permittee to another retail permittee for the 32
purpose of resale are unlawful. In addition, a particular brand of malt 33
beverages or premixed cocktails may be transferred only if both the transferor 34
and transferee are located within the territory designated between the brewery 35
or distiller and the wholesaler on file with the Commission. Prior to or 36
contemporaneous with any such transfer, the transferor shall notify each 37
wholesaler who distributes the transferred product of the transfer. The notice 38
shall be in writing or verifiable electronic format and shall identify the 39
transferor and transferee, the date of the transfer, quantity, and items 40
transferred. The permit may be issued for any of the following: 41
a. Restaurants. 42
b. Hotels. 43
c. Eating establishments. 44
d. Food businesses. 45
e. Retail businesses. 46
f. The holder of a brewing, distillation, and fermentation course 47
authorization under G.S. 18B-1114.6. A school obtaining a permit 48
under this subdivision is authorized to sell malt beverages 49
manufactured during its brewing, distillation, and fermentation 50
program at one noncampus location in a county where the permittee 51
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 35
holds and offers classes on a regular full-time basis in a facility owned 1
by the permittee. 2
(3) On-Premises Unfortified Wine Permit. – An on -premises unfortified wine 3
permit authorizes (i) the retail sale of unfortified wine for consumption on the 4
premises, either alone or mixed with other beverages, (ii) the r etail sale of 5
unfortified wine in the manufacturer's original container for consumption off 6
the premises, (iii) the retail sale of unfortified wine dispensed from a tap 7
connected to a pressurized container utilizing carbon dioxide or similar gas 8
into a cleaned and sanitized container that is filled or refilled and sealed for 9
consumption off the premises and that identifies the permittee and the date the 10
container was filled or refilled, and (iv) wine tastings conducted at a 11
consumer's private residence or a location not holding a permit under this 12
section where consumers are educated about selection, serving, and storing of 13
wine by the permittee or the permittee's employee or agent utilizing wine from 14
the permit holder's inventory and consumers may purchase wine for future 15
delivery or pick up at the permittee's permitted premises. premises, and (v) the 16
retail sale of premixed cocktails in the manufacturer 's original container for 17
consumption on or off the premises. The permit also authorizes the permittee 18
to transfer unfortified wine, wine or premixed cocktails, not more than four 19
times per calendar year, to another on-premises unfortified wine permittee that 20
is under common ownership or control as the transferor. Except as authorized 21
by this subdivision, tran sfers of wine or premixed cocktails by on-premises 22
unfortified wine permittees, purchases of wine or premixed cocktails by a 23
retail permittee from another retail permittee for the purpose of resale, and 24
sale of wine or premixed cocktails by a retail permit tee to another retail 25
permittee for the purpose of resale are unlawful. In addition, a particular brand 26
of wine or premixed cocktails may be transferred only if both the transferor 27
and transferee are located within the territory designated between the wine ry 28
or distiller and the wholesaler on file with the Commission. Prior to or 29
contemporaneous with any such transfer, the transferor shall notify each 30
wholesaler who distributes the transferred product of the transfer. The notice 31
shall be in writing or verif iable electronic format and shall identify the 32
transferor and transferee, the date of the transfer, quantity, and items 33
transferred. The holder of the permit is authorized to ship unfortified wine or 34
premixed cocktails in closed containers to individual purchasers inside and 35
outside the State. Orders received by a winery by telephone, internet, mail, 36
facsimile, or other off -premises means of communication shall be shipped 37
pursuant to a wine shipper permit and not pursuant to this subdivision. The 38
permit may be issued for any of the following: 39
a. Restaurants. 40
b. Hotels. 41
c. Eating establishments. 42
d. Private clubs. 43
e. Convention centers. 44
f. Cooking schools. 45
g. Community theatres. 46
h. Wineries. 47
i. Wine producers. 48
j. Retail businesses. 49
k. Sports and entertainment venues. 50
l. Bars. 51
General Assembly Of North Carolina Session 2025
Page 36 House Bill 921-Second Edition
m. The holder of a distillery permit authorized under G.S. 18B-1105. 1
n. Breweries. 2
Additionally, an on -premises unfortified wine permit authorizes a permittee 3
that is a restaurant, eating establishment, hotel, private club, bar, brewery, 4
winery, or wine producer to sell at retail single-serving unfortified wine drinks 5
for consumption off the premises, including delivery by the permittee or a 6
delivery service permittee. Single -serving unfortified wine drinks sold for 7
consumption off the pr emises must be sold with food and shall be packaged 8
in a container with a secure lid or cap and in a manner designed to prevent 9
consumption without removal of the lid or cap. The container shall be no 10
greater than 24 fluid ounces. In accordance with G.S. 20-138.7, the 11
transportation of single -serving unfortified wine drinks in a motor vehicle 12
shall not be unlawful if the container is an unopened manufacturer's original 13
container or is transported in a locked container, in the trunk, or in the area 14
behind th e last upright seat in a motor vehicle not equipped with a trunk. 15
Notwithstanding G.S. 18B-1010, the sale of more than two single -serving 16
unfortified wine drinks at one time shall not be unlawful if the single-serving 17
unfortified wine drinks are sold for delivery or consumption off the permittee's 18
premises. No single -serving unfortified wine by the drink ordered for 19
off-premises consumption shall be provided to any person other than the 20
purchaser of the single-serving unfortified wine drink, except that in the case 21
of delivery, the delivery service permittee through its employees or agents 22
may provide the single-serving unfortified wine drink to a person other than 23
the purchaser if the permittee or the permittee's employees or agents verify 24
that the person is over 21 years of age using age verification software requiring 25
the recipient to provide a form of photographic identification authorized in 26
G.S. 18B-302(d)(1). 27
(4) Off-Premises Unfortified Wine Permit. – An off-premises unfortified wine 28
permit authorizes (i) the retail sale of unfortified wine or premixed cocktails 29
in the manufacturer's original container for consumption off the premises, (ii) 30
the retail sale of unfortified wine dispensed from a tap connected to a 31
pressurized container utilizing carbon di oxide or similar gas into a cleaned 32
and sanitized container that is filled or refilled and sealed for consumption off 33
the premises and that identifies the permittee and the date the container was 34
filled or refilled, and (iii) the holder of the permit to sh ip unfortified wine or 35
premixed cocktails in closed containers to individual purchasers inside and 36
outside the State. The permit may be issued for retail businesses. The permit 37
also authorizes the permittee to transfer unfortified wine, wine or premixed 38
cocktails, not more than four times per calendar year, to another off-premises 39
unfortified wine permittee that is under common ownership or control as the 40
transferor. Except as authorized by this subdivision, transfers of wine or 41
premixed cocktails by off-premises unfortified wine permittees, purchases of 42
wine or premixed cocktails by a retail permittee from another retail permittee 43
for the purpose of resale, and sale of wine or premixed cocktails by a retail 44
permittee to another retail permittee for the purpose of resale are unlawful. In 45
addition, a particular brand of wine or premixed cocktails may be transferred 46
only if both the transferor and transferee are located within the territory 47
designated between the winery or distiller and the wholesaler on file with the 48
Commission. Prior to or contemporaneous with any such transfer, the 49
transferor shall notify each wholesaler who distributes the transferred product 50
of the transfer. The notice shall be in writing or verifiable electronic format 51
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 37
and shall identify t he transferor and transferee, the date of the transfer, 1
quantity, and items transferred. The permit may also be issued to the holder 2
of a viticulture/enology course authorization under G.S. 18B-1114.4. A 3
school obtaining a permit under this subdivision is authorized to sell wines 4
manufactured during its viticulture/enology program at one non -campus 5
location in a county where the permittee holds and offers classes on a regular 6
full-time basis in a facility owned by the permittee. The permit may also be 7
issued for a winery or a wine producer for sale of its own unfortified wine 8
during hours when the winery or wine producer's premises is open to the 9
public, subject to any local ordinance adopted pursuant to G.S. 18B-1004(d) 10
concerning hours for the retail sale of unfortified wine. A winery obtaining a 11
permit under this subdivision is authorized to sell wine manufactured by the 12
winery at one additional location in the county under the same conditions 13
specified in G.S. 18B-1101(5) for the sale of wine at the winer y; provided, 14
however, that no other alcohol sales shall be authorized at the additional 15
location. Orders received by a winery by telephone, internet, mail, facsimile, 16
or other off-premises means of communication shall be shipped pursuant to a 17
wine shipper permit and not pursuant to this subdivision. 18
(5) On-Premises Fortified Wine Permit. – An on-premises fortified wine permit 19
authorizes (i) the retail sale of fortified wine for consumption on the premises, 20
either alone or mixed with other beverages, and (ii) the retail sale of fortified 21
wine in the manufacturer's original container for consumption off the 22
premises. premises, and (iii) the retail sale of premixed cocktails in the 23
manufacturer's original container for consumption on or off the premises. The 24
permit also authorizes the permittee to transfer fortified wine, wine or 25
premixed cocktails, not more than four times per calendar year, to another 26
on-premises fortified wine permittee that is under common ownership or 27
control as the transferor. Except as authorized by this subdivision, transfers of 28
wine or premixed cocktails by on -premises fortified wine permittees, 29
purchases of wine or premixed cocktails by a retail permittee from another 30
retail permittee for the purpose of resale, and sale of wine or pr emixed 31
cocktails by a retail permittee to another retail permittee for the purpose of 32
resale are unlawful. In addition, a particular brand of wine or premixed 33
cocktails may be transferred only if both the transferor and transferee are 34
located within the territory designated between the winery or distiller and the 35
wholesaler on file with the Commission. Prior to or contemporaneous with 36
any such transfer, the transferor shall notify each wholesaler who distributes 37
the transferred product of the transfer. The notice shall be in writing or 38
verifiable electronic format and shall identify the transferor and transferee, the 39
date of the transfer, quantity, and items transferred. The holder of the permit 40
is authorized to ship fortified wine or premixed cocktails in closed containers 41
to individual purchasers inside and outside the State. Orders received by a 42
winery by telephone, internet, mail, facsimile, or other off-premises means of 43
communication shall be shipped pursuant to a wine shipper permit and not 44
pursuant to this subdivision. The permit may be issued for any of the 45
following: 46
a. Restaurants. 47
b. Hotels. 48
c. Private clubs. 49
d. Community theatres. 50
e. Wineries. 51
General Assembly Of North Carolina Session 2025
Page 38 House Bill 921-Second Edition
f. Convention centers. 1
g. Bars. 2
h. The holder of a distillery permit authorized under G.S. 18B-1105. 3
i. Sports and entertainment venues. 4
j. Breweries. 5
Additionally, an on-premises fortified wine permit authorizes a permittee that 6
is a restaurant, hotel, private club, bar, brewery, or winery to sell at retail 7
single-serving fortified wine drinks for consumpti on off the premises, 8
including delivery by the permittee or a delivery service permittee. 9
Single-serving fortified wine drinks sold for consumption off the premises 10
must be sold with food and shall be packaged in a container with a secure lid 11
or cap and in a manner designed to prevent consumption without removal of 12
the lid or cap. The container shall be no greater than 24 fluid ounces. In 13
accordance with G.S. 20-138.7, the transportation of single -serving fortified 14
wine drinks in a motor vehicle shall not b e unlawful if the container is an 15
unopened manufacturer's original container or is transported in a locked 16
container, in the trunk, or in the area behind the last upright seat in a motor 17
vehicle not equipped with a trunk. Notwithstanding G.S. 18B-1010, the sale 18
of more than two single-serving fortified wine drinks at one time shall not be 19
unlawful if the single -serving fortified wine drinks are sold for delivery or 20
consumption off the permittee's premises. No single-serving fortified wine by 21
the drink order ed for off -premises consumption shall be provided to any 22
person other than the purchaser of the single -serving fortified wine drink, 23
except that in the case of delivery, the delivery service permittee through its 24
employees or agents may provide the single -serving fortified wine drink to a 25
person other than the purchaser if the permittee or the permittee's employees 26
or agents verify that the person is over 21 years of age using age verification 27
software requiring the recipient to provide a form of photograph ic 28
identification authorized in G.S. 18B-302(d)(1). 29
(6) Off-Premises Fortified Wine Permit. – An off-premises fortified wine permit 30
authorizes the retail sale of fortified wine or premixed cocktails in the 31
manufacturer's original container for consumption off the premises and it 32
authorizes the holder of the permit to ship fortified wine or premixed cocktails 33
in closed containers to individual purchasers inside and outside the State. The 34
permit may be issued for food businesses. The permit may also be issued for 35
a winery for sale of its own fortified wine. Orders received by a winery by 36
telephone, internet, mail, facsimile, or other off -premises means of 37
communication shall be shipped pursuant to a wine shipper permit and not 38
pursuant to this subdivision. The permit also authorizes the permittee to 39
transfer fortified wine, wine or premixed cocktails, not more than four times 40
per calendar year, to another off -premises fortified wine permittee that is 41
under common ownership or control as the transferor. Except as authorized 42
by this subdivision, transfers of wine or premixed cocktails by off-premises 43
fortified wine permittees, purchases of wine or premixed cocktails by a retail 44
permittee from another retail permittee for the purpose of resale, and sale of 45
wine or premixed cocktails by a retail permittee to another retail permittee for 46
the purpose of resale are unlawful. In addition, a particular brand of wine or 47
premixed cocktails may be transferred only if b oth the transferor and 48
transferee are located within the territory designated between the winery or 49
distiller and the wholesaler on file with the Commission. Prior to or 50
contemporaneous with any such transfer, the transferor shall notify each 51
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 39
wholesaler who distributes the transferred product of the transfer. The notice 1
shall be in writing or verifiable electronic format and shall identify the 2
transferor and transferee, the date of the transfer, quantity, and items 3
transferred. 4
(7) Brown-Bagging Permit. – A brown-bagging permit authorizes each individual 5
patron of an establishment, with the permission of the permittee, to bring up 6
to eight liters of premixed cocktails, fortified wine wine, or spirituous liquor, 7
or eight liters of the two three combined, onto the premises and to consume 8
those alcoholic beverages on the premises. The permit may be issued for any 9
of the following: 10
a. Restaurants. 11
b. Hotels. 12
c. Private clubs. 13
d. Community theatres. 14
e. Congressionally chartered veterans organizations. 15
f. Bars. 16
(8) Special Occasion Permit. – A special occasion permit authorizes the host of a 17
reception, party or other special occasion, with the permission of the 18
permittee, to bring premixed cocktails, fortified wine wine, and spirituous 19
liquor onto the premises of th e business and to serve the same to his those 20
alcoholic beverages to the host's guests. The permit may be issued for any of 21
the following: 22
a. Restaurants. 23
b. Hotels. 24
c. Eating establishments. 25
d. Private clubs. 26
e. Convention centers. 27
f. Bars. 28
g. Sports and entertainment venues. 29
(9) Limited Special Occasion Permit. – A limited special occasion permit 30
authorizes the permittee to bring premixed cocktails, fortified wine wine, and 31
spirituous liquor onto the premises of a business, with the permission of the 32
owner of that property, and to serve those alcoholic beverages to the 33
permittee's guests at a reception, party, or other special occasion being held 34
there. The permit may be issued to any individual other than the owner or 35
possessor of the premises. An applicant for a limited special occasion permit 36
shall have the written permission of the owner or possessor of the property on 37
which the special occasion is to be held. 38
(10) Mixed Beverages Permit. – A mixed beverages permit authorizes the retail 39
sale of mixe d beverages and premixed cocktails for consumption on the 40
premises. The permit also authorizes a mixed beverages permittee to obtain 41
an antique spirituous liquor permit under subdivision (20) of this section and 42
to use for culinary purposes spirituous liqu or lawfully purchased for use in 43
mixed beverages. The permit may be issued for any of the following: 44
a. Restaurants. 45
b. Hotels. 46
c. Private clubs. 47
d. Convention centers. 48
e. Community theatres. 49
f. Nonprofit organizations. 50
g. Political organizations. 51
General Assembly Of North Carolina Session 2025
Page 40 House Bill 921-Second Edition
h. Sports and entertainment venues. 1
i. Bars. 2
j. The holder of a distillery permit authorized under G.S. 18B-1105. 3
k. Breweries. 4
l. Wineries. 5
Additionally, a mixed beverages permit authorizes a permittee that is a 6
restaurant, hotel, private club, bar, brewery, winery, or the holder of a 7
distillery permit to sell at retail mixed beverages and premixed cocktails for 8
consumption off the premises, including delivery by the permittee or a 9
delivery service permittee. A mixed beverage sold for consumption off the 10
premises must be sold with food and shall be (i) a premixed cocktail in the 11
manufacturer's original closed container, or (ii) packaged in a container with 12
a secure lid or cap, and in a manner designed to prevent consumption without 13
removal of the lid or cap. T he container shall be no greater than 24 fluid 14
ounces. In accordance with G.S. 20-138.7, the transportation of a mixed 15
beverage in a motor vehicle shall not be unlawful if the container is an 16
unopened manufacturer's original container or is transported in a locked 17
container, in the trunk, or in the area behind the last upright seat in a motor 18
vehicle not equipped with a trunk. Notwithstanding G.S. 18B-1010, the sale 19
of more than two mixed beverage drinks or two premixed cocktails at one time 20
shall not be unlawful if the mixed beverage drinks or premixed cocktails are 21
sold for delivery or consumption off the permittee's premises. No mixed 22
beverage or premixed cocktail ordered for off-premises consumption shall be 23
provided to any person other than the purchase r of the mixed beverage, 24
beverage or premixed cocktail, except that in the case of delivery, the delivery 25
service permittee through its employees or agents may provide the mixed 26
beverage or premixed cocktail to a person other than the purchaser if the 27
permittee or the permittee's employees or agents verify that the person is over 28
21 years of age using age verification software requiring the recipient to 29
provide a form of photographic identification authorized in 30
G.S. 18B-302(d)(1). 31
… 32
(12) Mixed Beverages Catering Permit. – A mixed beverages catering permit may 33
be issued to a hotel, restaurant, or distillery. A mixed beverages catering 34
permit issued to a hotel or restaurant authorizes the hotel or a restaurant to 35
bring spirituous liquor and premixed cockt ails onto the premises where the 36
hotel or restaurant is catering food for an event and to serve the liquor and 37
premixed cocktails to guests at the event. A mixed beverages catering permit 38
issued to a distillery allows the distillery to bring spirituous liq uor and 39
premixed cocktails onto the premises where a hotel or restaurant is catering 40
food for an event and serve the liquor and premixed cocktails to guests at the 41
event, regardless of whether the hotel or restaurant also holds a mixed 42
beverages catering permit. 43
(12a) Mobile Bar Services Permit. – A mobile bar services permit may be issued to 44
a business that provides bartending services for events. The permit authorizes 45
the permittee to (i) bring malt beverages, unfortified wine, premixed cocktails, 46
fortified wine, and spirituous liquor onto the premises of a business that is not 47
an ABC permittee and to serve the alcoholic beverages to guests at the event, 48
and (ii) serve alcoholic beverages to guests at an event occurring on premises 49
owned or possessed by the holder of the permit. The permittee may purchase 50
malt beverages and unfortified wine only from a retailer. The permittee may 51
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 41
purchase fortified wine and spirituous liquor only from an ABC store. If the 1
permittee serves spirituous liquor, it shall only be spirituous liquor purchased 2
from an ABC store that is designated as a mixed beverage ABC store operated 3
by any local board operating in the same county where the permittee's 4
principal office is located. The permittee may purchase premixed cocktails 5
either from a retailer or from an ABC store that is designated as a mixed 6
beverage ABC store operated by any local board operating in the same county 7
where the permittee's principal office is located. The permittee may store and 8
serve alcoholic beverages pursuan t to a mobile bar services permit on the 9
premises of any location owned or possessed by the permittee. The permittee 10
shall notify the Commission, in writing, of the location of any event where the 11
permittee will serve alcoholic beverages not less than one week before the 12
event. If an event takes place on premises not owned or possessed by the 13
permittee, the permittee shall have the permission of the owner or possessor 14
of the property on which the event is to be held. Any person serving alcoholic 15
beverages at the event shall be at least 21 years of age. If the event takes place 16
on premises not owned or possessed by the permittee, alcoholic beverages 17
may be transported by the mobile bar services permit holder to the premises 18
of the event no earlier than 8:00 A .M. on the day of the event, and, at the 19
conclusion of the event, all alcoholic beverages must be removed from the 20
premises no later than 12:00 noon of the following day. A limited special 21
occasion permit shall not be required for an event at which alcohol ic 22
beverages are exclusively provided by the holder of a mobile bar services 23
permit. The holder of a mobile bar services permit may bring alcoholic 24
beverages onto the premises and serve the alcoholic beverages at an event 25
regardless of whether there is a c harge or fee for guests to attend the event. 26
This permit does not allow the retail sale of individual alcoholic beverages to 27
guests at an event. A permittee shall not sell tickets or charge individuals for 28
entry to any event at which the permittee is providing mobile bar services. 29
(13) Guest Room Cabinet Permit. – A guest room cabinet permit authorizes a guest 30
room cabinet permittee to sell to its room guests, from securely locked 31
cabinets, malt beverages, unfortified wine, premixed cocktails, fortified wine, 32
and spirituous liquor. A permittee shall designate and maintain at least ten 33
percent (10%) of the permittee's guest rooms as rooms that do not have a guest 34
room cabinet. A permittee may dispense alcoholic beverages from a guest 35
room cabinet only in acco rdance with written policies and procedures filed 36
with and approved by the Commission. A permittee shall provide a reasonable 37
number of vending machines, coolers, or similar machines on premises for the 38
sale of soft drinks to hotel guests. 39
A guest room cabinet permit may be issued to any of the following: 40
a. A hotel (i) holding a mixed beverages permit and (ii) located in a 41
county subject to G.S. 18B-600(f). 42
b. A hotel (i) holding a mixed beverages permit and (ii) located in a 43
county that has a population i n excess of 150,000 by the last federal 44
census. 45
c. A private club (i) holding a mixed beverages permit, (ii) having 46
management contracts for the rental of living units, and (iii) located in 47
a county defined in G.S. 18B-101(13a)b.2. 48
d. An 18-hole golf course (i) holding a mixed beverages permit or located 49
in a county where ABC stores have heretofore been established but in 50
which the sale of mixed beverages has not been approved, (ii) having 51
General Assembly Of North Carolina Session 2025
Page 42 House Bill 921-Second Edition
management contracts for the rental of living units, and (iii) located in 1
a county that has a population in excess of 20,000 people by the last 2
federal census. 3
… 4
(16) Wine Shop Permit. – A wine shop permit authorizes (i) the retail sale of malt 5
beverages, unfortified wine, premixed cocktails, and fortified wine in the 6
manufacturer's original container for consumption off the premises, (ii) the 7
retail sale of malt beverages or unfortified wine dispensed from a tap 8
connected to a pressurized container utilizing carbon dioxide or similar gas in 9
a cleaned and sanitized containe r that is filled or refilled and sealed for 10
consumption off the premises and that identifies the permittee and the date the 11
container was filled or refilled, (iii) wine tastings on the premises conducted 12
and supervised by the permittee in accordance with s ubdivision (15) of this 13
section, and (iv) wine tastings conducted at a consumer's private residence or 14
a location not holding a permit under this section where consumers are 15
educated about selection, serving, and storing of wine by the permittee or the 16
permittee's employee or agent utilizing wine from the permit holder's 17
inventory and consumers may purchase wine for future delivery or pick-up at 18
the permittee's permitted premises. It also authorizes the holder of the permit 19
to ship malt beverages, unfortifi ed wine, premixed cocktails, and fortified 20
wine in closed containers to individual purchasers inside and outside the State. 21
The permit may be issued for retail businesses whose primary purpose is 22
selling malt beverages and wine beverages, wine, and premixed cocktails for 23
consumption off the premises and regularly and customarily educating 24
consumers through tastings, classes, and seminars about the selection, serving, 25
and storing of wine. The holder of the permit is authorized to sell unfortified 26
wine for consumption on the premises, provided that, except as otherwise 27
provided in this subdivision, the sale of wine for consumption on the premises 28
does not exceed forty percent (40%) of the establishment's total sales for any 29
30-day p eriod. The holder of a wine -tasting permit not engaged in the 30
preparation or sale of food on the premises is not subject to Part 6 of Article 8 31
of Chapter 130A of the General Statutes. A holder of a wine shop permit shall 32
also be eligible to hold a malt be verage shop permit under G.S. 18B 33
1001(16a). If the holder of a wine shop permit also holds a malt beverage shop 34
permit, then the sales of alcoholic beverages for consumption on the premises 35
may not exceed forty percent (40%) of the establishment's total s ales for any 36
30-day period. 37
(16a) Malt Beverage Shop Permit. – A malt beverage shop permit authorizes (i) the 38
retail sale of malt beverages, unfortified wine, premixed cocktails, and 39
fortified wine in the manufacturer's original container for consumption off the 40
premises, (ii) the retail sale of malt beverages dispensed from a tap connected 41
to a pressurized container utilizing carbon dioxide or similar gas in a cleaned 42
and sanitized container that is filled or refilled and sealed for consumption off 43
the premises and that identifies the permittee and the date the container was 44
filled or refilled, and (iii) malt beverage tastings on the premises conducted 45
and supervised by the permittee in accordance with subdivision (18) of this 46
section. It also authorizes th e holder of the permit to ship malt beverages, 47
unfortified wine, premixed cocktails, and fortified wine in closed containers 48
to individual purchasers inside and outside the State. The permit may be issued 49
for retail businesses whose primary purpose is sell ing malt beverages for 50
consumption off the premises and regularly and customarily educating 51
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 43
consumers through tastings, classes, and seminars about the selection, serving, 1
and storing of malt beverages. The holder of the permit is authorized to sell 2
malt b everages for consumption on the premises, provided that, except as 3
otherwise provided in this subdivision, the sale of malt beverages, combined, 4
for consumption on the premises does not exceed forty percent (40%) of the 5
establishment's total sales for any 30-day period. The holder of a malt 6
beverage tasting permit not engaged in the preparation or sale of food on the 7
premises is not subject to Part 6 of Article 8 of Chapter 130A of the General 8
Statutes. A holder of a malt beverage shop permit shall also be eligible to hold 9
a wine shop permit under G.S. 18B 1001(16). If the holder of a malt beverage 10
shop permit also holds a wine shop permit, then the sales of alcoholic 11
beverages for consumption on the premises may not exceed forty percent 12
(40%) of the establishment's total sales for any 30-day period. 13
… 14
(19) Spirituous liquor tasting permit. – The holder of any distillery permit 15
authorized by G.S. 18B-1105 may conduct a consumer tasting event on the 16
premises of the distillery subject to the following conditions: 17
a. Any person pouring spirituous liquor at a tasting shall be an employee 18
of the distillery and at least 21 years of age. 19
b. The person pouring the spirituous liquor shall be responsible for 20
checking the identification of patrons being served at the tasting. 21
c. Each consumer is limited to tasting samples of 0.25 ounce of each 22
spirituous liquor which total no more than 1.5 ounces of spirituous 23
liquor in any calendar day. 24
d. The consumer shall not be charged for any spirituous liquor tasting 25
sample. 26
e. The spirituous liquor used in the consumer tasting event shall be 27
distilled or produced at the distillery where the event is being held by 28
the permit holder conducting the event. 29
f. A consumer tasting event shall not be allowed when the sale of 30
spirituous liquor the alcoholic beverage offered for tasting is otherwise 31
prohibited. 32
g. Tasting samples are not to be offered to, or allowed to be consumed 33
by, any person under the legal age for consuming spirituous liquor. 34
h. Consumer tasting events authorized under this subdivision may be 35
conducted on any part of the licensed premises of the distillery, except 36
as prohibited by federal law. 37
The distillery permit holder shall be solely liable for any violations of this 38
Chapter occurring in connection with the tasting. The Commission shall adopt 39
rules to assure that the tastings are limited to samplings and not a subterfuge 40
for the unlawful sale or distribution of spirituous liquor and that the tastings 41
are not used by industry members for unlawful inducements to retail permit 42
holders. For purposes of this subdivision, the term "spirituous liquor" includes 43
premixed cocktails. 44
… 45
(22) Airport Central Storage Permit. – A permit under this subdivision may be 46
issued to the owner of a bonded storage warehouse that meets the fed eral 47
Transportation Security Administration (TSA) security standards (49 C.F.R. 48
§§ 1542.1 through 1542.307). This permit authorizes the permittee to contract 49
with retail permittees holding permits issued pursuant to G.S. 18B-1001(1), 50
(3), (5), and (10) wit h one or more retail locations at airports which service 51
General Assembly Of North Carolina Session 2025
Page 44 House Bill 921-Second Edition
airplanes boarding at least 150,000 passengers annually to do the following: 1
(i) store at a central receiving facility located on or within 5 miles of the airport 2
property and outside the retail perm ittee's licensed premises alcoholic 3
beverages to be sold or served at the retail permittee's airport locations as 4
approved by the Commission and (ii) transport alcoholic beverages from the 5
central receiving facility to the retail permittee's premises or support locations 6
within the airport terminal pursuant to subsections (d) and (e) of 7
G.S. 18B-1115. Alcoholic beverages stored pursuant to this subdivision shall 8
be the property of the retail permittee. The portion of the airport central storage 9
permitted premises where the retail permittee's alcoholic beverages are stored 10
shall be deemed an extension of the retail permittee's permitted premises for 11
storage only and subject to inspection pursuant to G.S. 18B-503. 12
(23) Common Carrier Vehicle Permit. – Notwithstanding the results of any local 13
election, a permit under this subdivision may be issued to a business primarily 14
engaged in this State in the intrastate operation of common carriers of 15
passengers and operating under a certificate of authority issued by the North 16
Carolina Utilities Commission. A common carrier vehicle permit authorizes 17
the sale or service of malt beverages, unfortified wine, premixed cocktails, 18
fortified wine, and mixed beverages in the passenger area of a common carrier 19
of passengers for co nsumption by passengers in the passenger area during 20
journeys of 75 miles or longer that do not terminate within 10 miles of the 21
origin of the journey. The permit issued to the business shall cover all common 22
carriers of passengers owned by the business. T he permit or a copy of the 23
permit shall be prominently displayed on each common carrier of passengers 24
on which alcoholic beverages are served or sold. Notwithstanding 25
G.S. 18B-101(12a), the passenger area of a permittee's common carrier of 26
passengers constitutes the premises for the permit. This permit shall not allow 27
consumption of alcohol on a common carrier of passengers by any employee 28
of the permittee. A permittee may not sell or serve alcoholic beverages to a 29
passenger between the hours of 2:00 A.M. a nd 7:00 A.M., and a passenger 30
may not be allowed to consume alcoholic beverages between the hours of 2:30 31
A.M. and 7:00 A.M. Notwithstanding G.S. 18B-1004(c) or any local 32
ordinance, alcoholic beverages may not be sold or consumed before 10:00 33
A.M. on Sunda ys. For purposes of this subdivision, a common carrier of 34
passengers has the same meaning as in G.S. 20-4.01(27)d. 35
(24) Cotenant Permit. – A permit under this subdivision may be issued to a 36
restaurant that occupies the same building as another ABC permittee, provided 37
that the building has no other tenants and the building does not have a common 38
area that is open to the public but not part of the premises of one of the two 39
permittees. The permit authorizes the permittee to allow customers to bring 40
open conta iners of malt beverages, unfortified wine, premixed cocktails, 41
fortified wine, or mixed beverages from the premises of the other ABC 42
permittee who occupies the same building onto the premises of the permit 43
holder. 44
(25) Bring Your Own Beverage Permit. – A permit issued under this subdivision 45
may be issued to an adult live entertainment business as defined in 46
G.S. 14-202.10. This permit authorizes the permittee to allow patrons to bring 47
closed containers of malt beverages and unfortified wine malt beverages, 48
unfortified wine, and premixed cocktails onto the premises and consume the 49
malt beverages and unfortified wine malt beverages, unfortified wine, and 50
premixed cocktails on the premises. 51
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(26) Service Business Permit. – A service business permit authorizes the permittee 1
to furnish complimentary malt beverages and unfortified wine malt beverages, 2
unfortified wine, and premixed cocktails to customers, in conjunction with the 3
provision of the service, for consumption on the permittee's premises at no 4
extra charge to the customers. The permittee may furnish alcoholic beverages 5
to customers only in accordance with G.S. 18B-603(i). The permittee may not 6
serve more than two servings of alcoholic beverages to any individual 7
customer in any calendar day. For purposes of this subdivision, a serving of 8
malt beverage or premixed cocktail is 16 fluid ounces, and a serving of 9
unfortified wine is 8 fluid ounces. Notwithstanding G.S. 18B-1006(h), the 10
permittee may purchase malt beverages and unfortified wine malt beverages, 11
unfortified wine, and premixed cocktails only from a retailer. The permit may 12
be issued to service businesses." 13
SECTION 22.(ii) G.S. 18B-1001.4 reads as rewritten: 14
"§ 18B-1001.4. Authorization of delivery service permit. 15
(a) Authorization. – The holder of a delivery service permit, or the permit holder's 16
employee or independent contractor, may deliver malt beverages, unfortified wine, or fortified 17
wine premixed cocktails, fortified wine, or mixed beverages on behalf of a retailer holding a 18
permit issued pursuant to subdivisions (1) through (6) (6), (10), and (16) of G.S. 18B-1001, and 19
mixed beverages on behalf of a retailer holding a permit issued pursuant to subdivision (3), (5), 20
or (10) of G.S. 18B-1001 wh en delivered in accordance with the requirements of those 21
subdivisions, G.S. 18B-1001 to a location designated by the purchaser. Any delivery of 22
single-serving wine drinks or mixed beverages pursuant to subdivision (3), (5), or (10) of 23
G.S. 18B-1001 shall be delivered in accordance with the requirements of those subdivisions. A 24
delivery service permittee may also facilitate delivery through technology services that connect 25
consumers and licensed retailers through the use of the internet, mobile a pplications, and other 26
similar technology. 27
… 28
(e) Scope and Construction. – A delivery service permit is not required for a common 29
carrier lawfully transporting or shipping alcoholic beverages. Nothing in this section shall be 30
construed as exempting the delivery of alcoholic beverages pursuant to a delivery service permit 31
from the requirements set forth in Article 4 of Chapter 18B of the General Statutes. Nothing in 32
this section shall be construed to require a technology services company to obtain a delivery 33
service permit if the company does not employ or contract with delivery drivers, but rather 34
provides software or an application that connects consumers and licensed retailers for the 35
delivery of alcoholic beverages from the licensed retailer. Nothing in t his section shall be 36
construed to require a retailer that holds a permit issued pursuant to subdivisions (1) through (6), 37
(10), and (16) of G.S. 18B-1001 to obtain a delivery service permit in order for employees of the 38
retail permittee to deliver malt beverages, unfortified wine, premixed cocktails, or fortified wine 39
to a location designated by the purchaser, purchaser; however, the other provisions of this section 40
apply to the retailer. 41
…." 42
SECTION 22.(jj) G.S. 18B-1002, as amended by Section 10 of this act, reads as 43
rewritten: 44
"§ 18B-1002. Special one-time permits. 45
(a) Kinds of Permits. – In addition to the other permits authorized by this Chapter, the 46
Commission may issue permits for the following activities: 47
… 48
(2) A permit may be issued to a nonprofit organization to allow the retail sale of 49
malt beverages, unfortified wine, premixed cocktails, fortified wine, or mixed 50
beverages, or to allow brown -bagging, at a single fund -raising event of that 51
General Assembly Of North Carolina Session 2025
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organization. A permit for this purpose shall not be issue d for the sale of any 1
kind of alcoholic beverage in a jurisdiction where the sale of that alcoholic 2
beverage is not lawful. A permit is not required under this subdivision for an 3
event conducted by a nonprofit organization that meets any of the following: 4
a. The event is held on premises permitted under G.S. 18B-1001(1), 5
18B-1001(2), 18B-1001(3), 18B-1001(4), 18B-1001(5), 18B-1001(6), 6
or 18B-1001(10) and the wine, malt beverages, premixed cocktails, 7
and spirituous liquor sold at the event are sold by the re tail permittee 8
from the retail permittee's inventory. 9
b. The event is held on a premises that does not hold a permit under this 10
Chapter and the wine, malt beverages, premixed cocktails, and 11
spirituous liquor sold or served at the event is provided by one o f the 12
following in a manner allowed under that permit: 13
1. A mobile bar services permittee pursuant to 14
G.S. 18B-1001(12a). 15
2. A mixed beverage catering permittee pursuant to 16
G.S. 18B-1001(12). 17
3. A malt beverage special event permittee pursuant to 18
G.S. 18B-1114.5. 19
4. A winery special event permittee pursuant to G.S. 18B-1114.1. 20
5. A spirituous liquor special event permittee pursuant to 21
G.S. 18B-1114.7. 22
… 23
(5) A permit may be issued to a unit of local government, or to a nonprofit 24
organization or a political organization to serve wine, malt beverages, 25
premixed cocktails, and spirituous liquor at a ticketed event held to allow the 26
unit of local government or orga nization to raise funds. A permit is not 27
required under this subdivision for a ticketed event conducted by a unit of 28
local government, a nonprofit organization, or a political organization that 29
meets any of the following: 30
a. The event is held on premises p ermitted under G.S. 18B-1001(1), 31
18B-1001(2), 18B-1001(3), 18B-1001(4), 18B-1001(5), 18B-1001(6), 32
or 18B-1001(10) and the wine, malt beverages, premixed cocktails, 33
and spirituous liquor sold at the event are sold by the retail permittee 34
from the retail permittee's inventory. 35
b. The event is held on a premises that does not hold a permit under this 36
Chapter and the wine, malt beverages, premixed cocktails, and 37
spirituous liquor sold or served at the event is provided by one of the 38
following in a manner allowed under that permit: 39
1. A mobile bar services permittee pursuant to 40
G.S. 18B-1001(12a). 41
2. A mixed beverage catering permittee pursuant to 42
G.S. 18B-1001(12). 43
3. A malt beverage special event permittee pursuant to 44
G.S. 18B-1114.5. 45
4. A winery special event permittee pursuant to G.S. 18B-1114.1. 46
5. A spirituous liquor special event permittee pursuant to 47
G.S. 18B-1114.7. 48
For purposes of this subdivision "nonprofit organization" means an 49
organization that is exempt from taxation under Section 501(c)(3), 501(c)(4), 50
501(c)(6), 501(c)(8), 501(c)(10), 501(c)(19), or 501(d) of the Internal 51
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Revenue Code or is exempt under similar provisions of the General Statutes 1
as a bona fide nonprofit charitable, civic, religious, fraternal, patriotic, or 2
veterans' organization or as a nonprofit volunteer fire department, or as a 3
nonprofit volunteer rescue squad or a bona fide homeowners' or property 4
owners' association. For purposes of this subdivision "political organization" 5
means an organization covered by the provisions of G.S . 163-96(a)(1) or (2) 6
or a campaign organization established by or for a person who is a candidate 7
who has filed a notice of candidacy, paid the filing fees or filed the required 8
petition, and been certified as a candidate. The issuance of this permit shal l 9
also allow the use for culinary purposes of spirituous liquor lawfully 10
purchased for use in mixed beverages. The issuance of this permit shall also 11
allow a nonprofit organization to offer alcoholic beverages in the 12
manufacturer's original closed container as a prize in a raffle or sell alcoholic 13
beverages in the manufacturer's original closed container at auction at the 14
ticketed event to allow the nonprofit organization to raise funds. 15
(6) A permit may be issued to a professional sports organization to allow the retail 16
sale of malt beverages, unfortified wine, premixed cocktails, fortified wine, or 17
mixed beverages for consumption on the premises at a professional sporting 18
event held at a stadium (i) with a seating capacity of at least 40,000 people 19
and (ii) that is owned or leased by a constituent institution of The University 20
of North Carolina located in a county with a population of at least 900,000 21
people according to the most recent federal decennial census. For purposes of 22
this subdivision, the term "p rofessional sports organization" means an 23
organization that is a member of an association or league of professional 24
sports organizations that (i) has 6 or more members, (ii) has total combined 25
revenues from all members that exceeds ten million dollars ($10,000,000) per 26
year, and (iii) governs the conduct of its members and regulates the contests 27
and exhibitions in which its member organizations regularly engage. 28
… 29
(d) Administrative Procedure. – Denial or revocation of a permit under this section shall 30
not entitle the applicant or permittee to a hearing under Chapter 150B. Chapter 150B of the 31
General Statutes." 32
SECTION 22.(kk) G.S. 18B-1004 reads as rewritten: 33
"§ 18B-1004. Hours for sale and consumption. 34
(a) Hours. – Except as otherwise provided in this section, it shall be unlawful to sell malt 35
beverages, unfortified wine, premixed cocktails, fortified wine, or mixed beverages between the 36
hours of 2:00 A.M. and 7:00 A.M., or to consume any of those alcoholic beverages between the 37
hours of 2:30 A.M. and 7:00 A.M., in any place that has been issued a permit under 38
G.S. 18B-1001 or G.S. 18B-1105. 39
… 40
(d) Local Option. – A city may adopt an ordinance prohibiting in the city the retail sale 41
of malt beverages, unfortif ied wine, premixed cocktails, and fortified wine during any or all of 42
the hours from 12:00 Noon on Sunday until 7:00 A.M. on the following Monday. A county may 43
adopt an ordinance prohibiting, in the parts of the county outside any city, the retail sale of malt 44
beverages, unfortified wine, premixed cocktails, and fortified wine during any or all of the hours 45
from 12:00 Noon on Sunday until 7:00 A.M. on the following Monday. Neither a city nor a 46
county, however, may prohibit those sales in establishments havi ng brown-bagging or mixed 47
beverages permits. 48
(e) This section does not prohibit at any time the wholesale delivery and sale of 49
unfortified wine, premixed cocktails, fortified wine, and malt beverages to retailers issued 50
permits pursuant to G.S. 18B-1001 or G.S. 18B-1002(a)(2) or (5)." 51
General Assembly Of North Carolina Session 2025
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SECTION 22.(ll) G.S. 18B-1006 reads as rewritten: 1
"§ 18B-1006. Miscellaneous provisions on permits. 2
(a) School and College Campuses. – No permit for the sale of alcoholic beverages shall 3
be issued to a business on the campus or property of a public school, college, or university. This 4
subsection shall not apply to the following: 5
… 6
(7) The sale of malt beverages, unfortified wine, premixed cocktails, or fortified 7
wine at the following: 8
a. Performing arts centers located on property owned or leased by the 9
public college or university. 10
b. Any stadiums that support a NASCAR -sanctioned one -fourth mile 11
asphalt flat oval short track, that are owned or leased by the public 12
college or university. 13
… 14
(b) Lockers at Clubs. – A private club or congressionally-chartered veterans organization 15
which has been issued a brown -bagging permit may, but is not required to, provide lockers for 16
its members to store their alcoholic beverages. If lockers are provided, however, they shall not 17
be shared but shall be for individual members. Each locker and each bottle of alcoholic beverages 18
on the premises shall be labelled with the name of the member to whom it belongs. No more than 19
eight liters each of malt beverages or unfortified wine malt beverages, unfortified wine, or 20
premixed cocktails may be stored by a member at one time. No more than eight liters of either 21
fortified wine or spirituous liquor, or eight liters of the two combined, may be stored by a member 22
at one time. 23
… 24
(h) Purchase Restrictions. – A retail permittee may purchase malt beverages, unfortified 25
wine, premixed cocktails, or fortified wine only from a wholesaler who maintains a place of 26
business in this State and has the proper permit. 27
(i) Tour Boats. – The Commiss ion may issue permits to boats that conduct regularly 28
scheduled tours upon the rivers or waterways of this State under the following conditions: 29
… 30
(3) A boat may hold the permits listed in G.S. 18B-1001(1), (3), (5), (7), and (10), 31
but no off-premises sales may be made pursuant to those permits;permits. 32
(4) A boat shall have a home port in an area where issuance of any of the permits 33
listed in subdivision (3) of this subsection is legal, and all passengers shall 34
enter the boat at the home port or at other p orts listed on a preannounced 35
itinerary. The boat's permits are valid during tours that leave and return to the 36
boat's home port, and apply regardless of whether the boat crosses into an area 37
where sales are not legal, if the boat docks only at a port list ed on the 38
preannounced itinerary, except in an emergency; andemergency. 39
… 40
(j) Recreation Districts. – Notwithstanding the provisions of Article 6 of this Chapter, 41
the Commission may issue permits for the sale of malt beverages, unfortified wine, premixed 42
cocktails, fortified wine, and mixed beverages to qualified businesses in a recreation district. 43
A "recreation district" is an area that meets any of the following requirements: 44
… 45
(r) Distillery Estate Districts. – 46
… 47
(2) Notwithstanding any other provision of law, a mixed beverages permittee 48
located in a distillery estate district and under common ownership and control 49
with the distillery in the distillery estate district may sell spirituous liquor 50
produced at the distillery located in the distillery estate district in mixed 51
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 49
beverages and premixed cocktails as if it were being sold at the distillery. 1
Spirituous liquor sold pursuant to this subdivision shall be listed as a code 2
item for sale in the State but shall not be required to be sent to the State 3
warehouse or be stamped with a mixed beverages tax stamp. 4
(3) Notwithstanding any other provision of law, a distillery in a distillery estate 5
district may, without approval from the Commission, conduct consumer 6
tastings of spirituous liquor produced at the disti llery subject to the 7
requirements of G.S. 18B-1114.7(b) anywhere in the distillery estate district, 8
including outdoors and on the premises of another ABC permittee located in 9
the distillery estate district. 10
(3a) Notwithstanding any other provision of law, a distillery in a distillery estate 11
district may, without approval from the Commission, conduct consumer 12
tastings of premixed cocktails produced at the distillery anywhere in the 13
distillery estate district, including outdoors and on the premises of another 14
ABC permittee located in the distillery estate district. 15
(4) Notwithstanding any other provision of law, on- and off-premises unfortified 16
wine permittees located in a distillery estate district and under common 17
ownership and control with the distillery in the distillery estate district may 18
sell bottles of spirituous liquor and containers of premixed cocktails produced 19
at the distillery at retail for consumption off the premises as if those bottles or 20
containers were being sold in the distillery following a tour. Sales under this 21
subdivision may occur between the hours of 9:00 A.M. and 9:00 P.M. on 22
Monday through Saturday of each week, from 12:00 noon to 9:00 P.M. on 23
Sundays, and from 9:00 A.M. to 9:00 P.M. on each of the following holidays 24
that do not fall on a Sunday: New Year's Day, Fourth of July, Labor Day and 25
Thanksgiving Day. Spirituous liquor other than premixed cocktails sold under 26
this subdivision shall (i) be listed as a code item for sale in the State, (ii) be 27
sold at the price set by the Commission for the code item pursuant to 28
G.S. 18B-804(b), and (iii) have affixed to its bottle any labeling requirements 29
set by law. The distillery shall be responsible for remitting to the Department 30
of Revenue the spirituous liquor and premixed cocktail excise tax pursuant to 31
G.S. 105-113.80 on bottles and containers sold pursuant to this subdivision. 32
The on- or off-premises unfortified wine permittees shall be responsible for 33
remitting to the Department of Revenue the sales and use tax on bottles and 34
containers sold in those establishments. 35
…." 36
SECTION 22.(mm) G.S. 18B-1007 reads as rewritten: 37
"§ 18B-1007. Additional requirements for mixed beverages permittees. 38
(a) Purchases. – A mixed beverages permittee may purchase spirituous liquor for resale 39
as mixed beverages and a guest room cabinet permittee may purchase spirituous liquor for resale 40
from a guest room cabinet only at an ABC store that is designated as a mixed beverage ABC 41
store operated by any local board operating in the same county as the permit tee. A mixed 42
beverages permittee may purchase premixed cocktails for resale from either an ABC store or a 43
premixed cocktail wholesaler, and a guest room cabinet permittee may purchase premixed 44
cocktails for resale from a guest room cabinet from either an ABC store that is designated as a 45
mixed beverage ABC store operated by any local board operating in the same county as the 46
permittee or a premixed cocktail wholesaler. 47
… 48
(d) When a temporary mixed beverages permit has been issued to a new permittee for the 49
continuation of a business at the same location, the permittee going out of business may sell 50
existing mixed beverages and premixed cocktails inventory to the new permittee, and the 51
General Assembly Of North Carolina Session 2025
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Commission may request that the local ABC board restamp the mixed beverages inventory with 1
the mixed beverages tax stamp assigned by the local board to the new mixed beverages permittee. 2
Any existing premixed cocktail inventory does not need to be stamped with the mixed beverages 3
tax stamp. 4
…." 5
SECTION 22.(nn) G.S. 18B-1009(a), as amended by Section 27 of this act, reads as 6
rewritten: 7
"(a) Nothing in this Chapter shall be construed to pr ohibit a retail permittee from selling 8
for consumption, malt beverages and premixed cocktails in the seating areas of stadiums, 9
ballparks, theaters, amphitheaters, and other similar public places with a seating capacity of 3,000 10
or more during concerts or professional sporting events, provided that:that all of the following 11
apply: 12
(1) The seating areas are designated as part of the retail permittee's licensed 13
premises;premises. 14
(2) The retail permittee has notified the Commission, in writing, of its intent to 15
sell malt beverages beverages, premixed cocktails, or both in the seating areas 16
at concerts or sporting events;events. 17
(3) Service of food and nonalcoholic beverages is available in the seating 18
areas;areas. 19
(4) The retail permittee has certified to the Commission that it has trained its 20
employees:employees to do all of the following: 21
a. To identify Identify underage persons and intoxicated persons; 22
andpersons. 23
b. To refuse Refuse to sell malt alcoholic beverages to those persons as 24
required by G.S. 18B-305; andG.S. 18B-305. 25
(5) The employees do not verbally shout or hawk the sale of malt alcoholic 26
beverages." 27
SECTION 22.(oo) G.S. 18B-1100 reads as rewritten: 28
"§ 18B-1100. Commercial permits. 29
The Commission may issue the following commercial permits: 30
… 31
(23) Airport central storage permit. 32
(24) Premixed cocktail wholesaler permit. 33
(25) Nonresident premixed cocktail vendor permit. 34
(26) Premixed cocktail special event permit." 35
SECTION 22.(pp) G.S. 18B-1105 reads as rewritten: 36
"§ 18B-1105. Authorization of distillery permit. 37
(a) The holder of a distillery permit may do any of the following: 38
(1) Manufacture, purchase, import, possess and transport ingredients and 39
equipment used in the distillation or production of spirituous liquor. liquor and 40
premixed cocktails. The authorization to possess ingredients set forth in this 41
subdivision includes the possession of spirituous liquor and premixed 42
cocktails not distilled or produced at the distillery that is are used for the 43
production, research and development, or sample comparison of spirituous 44
liquor.liquor or premixed cocktails. 45
(2) Sell, deliver and ship spirituous liquor in closed containers at wholesale to (i) 46
exporters and local boards within the State, an d, (ii) subject to the laws of 47
other jurisdictions, at wholesale or retail to consumers in other states or 48
nations, or private or public agencies or establishments of other states or 49
nations, except that the holder of a distillery permit may not sell, deli ver, or 50
General Assembly Of North Carolina Session 2025
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ship spirituous liquor at retail to consumers in jurisdictions that require 1
reciprocity in order to allow such sales, deliveries, or shipments. 2
(2a) Sell, deliver, and ship premixed cocktails in closed containers to wholesalers 3
licensed under this Chapter as authorized by the ABC laws, except that 4
premixed cocktails may be sold to exporters and nonresident wholesalers only 5
when the purchase is not for resale in this Sta te. Additionally, premixed 6
cocktails may be sold, delivered, and shipped, subject to the laws of other 7
jurisdictions, at wholesale or retail to consumers in other states or nations, or 8
private or public agencies or establishments of other states or nations, except 9
that the holder of a distillery permit may not sell, deliver, or ship pr emixed 10
cocktails at retail to consumers in jurisdictions that require reciprocity in order 11
to allow such sales, deliveries, or shipments. 12
(2b) Sell, deliver, and ship premixed cocktails in closed containers at wholesale to 13
local boards within the State. 14
(3) Transport into or out of the distillery the maximum amount of liquor and 15
premixed cocktails allowed under federal law, if the transportation is related 16
to the distilling process. 17
(4) Sell spirituous liquor and premixed cocktails distilled or produced a t the 18
distillery in closed containers to visitors who tour the distillery for 19
consumption off the premises. The length, content, and other parameters of 20
the tour shall be at the discretion of the distillery, and the distillery shall not 21
be required to maintain records related to tours. Sales under this subdivision 22
are allowed only in a county where the establishment of a county or municipal 23
ABC store has been approved pursuant to G.S. 18B-602(g) and may occur 24
between the hours of 9:00 A.M. and 9:00 P.M. on Monday through Saturday 25
of each week, from 12:00 noon to 9:00 P.M. on Sundays, and from 9:00 A.M. 26
to 9:00 P.M. on each of the following holidays that do not fall on a Sunday: 27
New Year's Day, Fourth of July, Labor Day, and Thanksgiving Day. 28
Spirituous liquor other than premixed cocktails sold under this subdivision 29
shall (i) be listed as a code item for sale in the State, (ii) be sold at the price 30
set by the Commission for the code item pursuant to G.S. 18B-804(b), and 31
(iii) have affixed to its bottle any labeling requirements set by law. A bottle of 32
spirituous liquor or a premixed cocktail container sold under this subdivision 33
may have personalized labeling. The personalized labeling shall comply with 34
any other labeling requirements set by law. The personali zed labeling shall 35
not cover any portion of the manufacturer's original label. For purposes of this 36
subdivision, the term "personalized labeling" means the inclusion of any of 37
the following on the label: 38
a. The name of the purchaser of the bottle or container or the name of 39
any individual, business entity, or club on whose behalf the bottle or 40
container is purchased. 41
b. "Bottled for," "distilled for," "in honor of," or other similar language. 42
c. Dates, locations, occasions, and other similar information. 43
(4a) In an area where the sale of mixed beverages is authorized by law, sell mixed 44
beverages and premixed cocktai ls for consumption on the premises, or for 45
consumption off the premises in accordance with the requirements for sale for 46
consumption off the premises described in G.S. 18B-1001(10). If a distillery 47
elects to sell mixed beverages or premixe d cocktails containing spirituous 48
liquor other than that produced at the distillery, the distillery shall obtain a 49
mixed beverages permit pursuant to G.S. 18B-1001. 50
General Assembly Of North Carolina Session 2025
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(4b) If the distillery is located on a property used for bona fide farm purposes, as 1
defined in G.S. 160D-102(3), sell mixed beverages and premixed cocktails 2
containing only spirituous liquor produced at the distillery for consumption 3
on the premises, or for consumption off the premises in accordance with the 4
requirements for sale for consumption off the premises described in 5
G.S. 18B-1001(10), regardless of the results of any local mixed beverage 6
election. 7
(4c) In an area where the sale of mixed beverages has not been approved by a local 8
election, sell mixed beverages and premixed cocktails containing only 9
spirituous liquor produced at the distillery for consumption on the premises, 10
or for consumption off the premises in accordance with the requireme nts for 11
sale for consumption off the premises described in G.S. 18B-1001(10), upon 12
obtaining a mixed beverages permit under 13
G.S. 18B-1001.G.S. 18B-1001(10). If a distillery elects to sell mixed 14
beverages pursuant to this subdivision, the distillery shall o btain a mixed 15
beverages permit pursuant to G.S. 18B-1001(10). 16
(5) Conduct consumer tastings, sell mixed beverages, and provide spirituous 17
liquor in closed containers in accordance with G.S. 18B-1114.7. 18
(5a) Conduct consumer tastings and sell premixed cocktails in open or closed 19
containers in accordance with G.S. 18B-1114.9, except that premixed 20
cocktails offered for tasting or sale pursuant to this subdivision are not 21
required to be purchased from a premixed cocktail wholesaler if the premixed 22
cocktails contain only spirituous liquor produced at the distillery. 23
(6) Sell malt beverages, unfortified wine, premixed cocktails, and fortified wine, 24
for consumption on the premises upon obtaining the appropriate permit under 25
G.S. 18B-1001. 26
(a1) A distillery participating in an alternating proprietorship may sell any product it 27
produces or distills at the permitted location pursuant to subdivision (4), (4a), (4b), (4c), or (5) 28
(5), or (5a) of subsection (a) of this section at any time the sale of spirituous liquor that type of 29
alcoholic beverage is allowed on the premises pursuant to those subdivisions. The distilleries in 30
an alternating proprietorship may contract for the host distillery to manage sales of spirituous 31
liquor and premixed cocktails for the other distillery pursuant to subdivision (4), (4a), (4b), (4c), 32
or (5) (5), or (5a) of subsection (a) of this section, but each distillery shall be responsible for 33
maintaining appropriate records and remitting the appropriate taxes. Only the host distillery shall 34
be required to have a mixed beverage permit, if required, if the host distillery sells the other 35
distillery's spirituous liquor in mixed beverages. 36
… 37
(d) Control of Location of Sale and Consumption on Premises. – Notwithstanding 38
G.S. 18B-301(e), except as otherwise prohibited by federal law or the holder of the distillery 39
permit, an alcoholic beverage authorized to be sold or consumed under this section may be sold, 40
possessed, or consumed on any part of the licensed premises of the distillery that is open to the 41
public. This subsection shall not be construed to allow spirituous liquor or premixed cocktails in 42
closed containers sold for off-premises consumption to be consumed at the distillery." 43
SECTION 22.(qq) G.S. 18B-1105.1 reads as rewritten: 44
"§ 18B-1105.1. Authorization of liquor importer/bottler permit. 45
The holder of a liquor importer/bottler permit may: 46
(1) Receive spirituous liquor and premixed cocktails in closed containers into 47
foreign trade zones at the State Port facilities in Morehead City and 48
Wilmington from ships docked at the State Port facilities for the purpose of 49
bottling, packaging, or labeling. 50
General Assembly Of North Carolina Session 2025
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(2) Bottle, package, or label in this State spirituous liquor and premixed cocktails 1
imported or received into a foreign trade zone pursuant to this section. 2
(3) Receive spirituous liquor in closed containers into the foreign trade zones at 3
the State Port facilities in Morehead City and Wilmington from ships docked 4
at the State Port facilities for storage, sale, shipment, and transshipment to the 5
State or a local ABC board warehouse or, subject to the laws of other 6
jurisdictions, to private or public agencies or establishments of other states or 7
nations. 8
(4) Subject to the re cord-keeping requirements of G.S. 18B-1115, transport into 9
or out of the foreign trade zones at the State Port facilities in Morehead City 10
and Wilmington, the maximum amount of liquor allowed under federal law, 11
if the transportation is related to the bottl ing, packaging, labeling, sale, or 12
storage permitted by this section. 13
(5) Receive spirituous liquor in closed containers into the State for storage, sale, 14
shipment, and transshipment to the State warehouse or, subject to the laws of 15
other jurisdictions, to private or public agencies or establishments of other 16
states or nations. 17
(6) Receive premixed cocktails in closed containers into the State for storage, 18
sale, shipment, and transshipment to the State warehouse, to premixed cocktail 19
wholesalers for purpose s of resale , or, subject to the laws of other 20
jurisdictions, to private or public agencies or establishments of other states or 21
nations." 22
SECTION 22.(rr) Article 11 of Chapter 18B of the General Statutes is amended by 23
adding a new section to read: 24
"§ 18B-1109.1. Authorization of premixed cocktail wholesaler permit. 25
The holder of a premixed cocktail wholesaler permit may do any or all of the following: 26
(1) Receive, possess, and transport shipments of premixed cocktails. 27
(2) Sell, deliver, and ship, in closed containers and in quantities of one case or 28
container or more, premixed cocktails of any brand filed pursuant to 29
G.S. 18B-1403(a) to wholesalers or retailers licensed under this Chapter, as 30
authorized by the ABC laws. 31
(3) Furnish and sell premixed cocktails filed pursuant to G.S. 18B-1403(a) to its 32
employees subject to the rules of the Commission and the Department of 33
Revenue. 34
(4) In locations where the sale is legal, furnish premixed cocktails of any brand 35
filed pursuant to G.S. 18B-1403(a) to guests and any other person who does 36
not hold an ABC permit, for promotional purposes, subject to the rules of the 37
Commission." 38
SECTION 22.(ss) G.S. 18B-1110(a) reads as rewritten: 39
"(a) Authorization. – The holder of a bottler permit may:may do any or all of the 40
following: 41
(1) Receive, possess and transport shipments of malt beverages, unfortified wine 42
and fortified wine;unfortified wine, premixed cocktails, and fortified wine. 43
(2) Bottle, sell, deliver and ship malt beverages, unfortified wine, premixed 44
cocktails, and fortified wine in closed containers to wholesalers licensed under 45
this Chapter as authorized by the ABC laws;laws. 46
(3) Furnish or sell packages which do not conform to the manufacturer's 47
marketing standards, if State taxes have been or will be paid, to its employees 48
for the use of the employees or their families and guests in this State. 49
A sale or gift under subdivision (3) shall not be considered a retail or wholesale sale under 50
the ABC law." 51
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SECTION 22.(tt) G.S. 18B-1110.1 reads as rewritten: 1
"§ 18B-1110.1. Authorization of packaging and logistics permit. 2
(a) Authorization. – The holder of a packaging and logistics permit may: 3
(1) Receive, in closed containers, malt beverages, unfortified wine, premixed 4
cocktails, fortified wine, and spirituous liquor from a supplier for the purpose 5
of packaging, repackaging, storage, shipping, and for the purpose of labeling 6
or relabeling the outer packaging, such as a box or carton. 7
(2) Package or repackage malt beverages, unfortified wine, premixed cocktails, 8
fortified wine, and spirituous liquor received from a supplier, and label or 9
relabel the outer packaging. 10
(3) Subject to the record -keeping requirements of G.S. 18B-1115, transport into 11
or out of the State in closed containers the maximum a mounts of malt 12
beverages, unfortified wine, premixed cocktails, fortified wine, and spirituous 13
liquor allowed under federal law, if the transportation is related to the 14
packaging, labeling, sale, or storage permitted by this section. 15
(4) Deliver and ship m alt beverages, unfortified wine, premixed cocktails, and 16
fortified wine as provided in this section in closed containers to suppliers and 17
wholesalers licensed under this Chapter. 18
(5) Deliver and ship spirituous liquor and premixed cocktails as provided in this 19
section in closed containers at wholesale to exporters and local boards within 20
the State. 21
(6) Subject to the laws of other jurisdictions, deliver and ship malt beverages, 22
unfortified wine, premixed cocktails, fortified wine, and spirituous liquor as 23
provided in this section to out -of-state suppliers or at wholesale or retail to 24
private or public agencies or establishments of other states or nations. 25
(b) Limitation. – A packaging and logistics permit does not authorize the permit holder 26
to engage in the manufacture of alcoholic beverages except for packaging, repackaging, labeling, 27
and relabeling as provided in subsection (a) of this section. A holder of a packaging and logistics 28
permit may not sell, deliver, or ship malt beverages, unfortified wine, premixed cocktails, 29
fortified wine, or spirituous liquor directly to consumers or to retail establishments in this State. 30
Nothing in this section shall be interpreted to abrogate the provisions of G.S. 18B-1119. 31
(c) Distribution Agreements. – Malt beverage and wine beverage, wine, and premixed 32
cocktail distribution agreements applicable between a wholesaler and an original supplier are 33
governed by Articles 12 and 13 12, 13, and 14 of this Chapter." 34
SECTION 22.(uu) G.S. 18B-1111(a) reads as rewritten: 35
"(a) Authorized Acts. – The holder of a salesman permit may sell and transport malt 36
beverages for a malt beverage wholesaler or wholesaler, sell and transport unfortified and 37
fortified wine for a wine wholesaler.wholesaler, or sell and transport premixed cocktails for a 38
premixed cocktail wholesaler." 39
SECTION 22.(vv) Article 11 of Chapter 18B of the General Statutes is amended by 40
adding a new section to read: 41
"§ 18B-1113.2. Authorization of nonresident premixed cocktail vendor permit. 42
The holder of a nonresident premixed cocktail vendor permit may sell, deliver, and ship 43
premixed cocktails in this State only to wholesalers, importers, and bottlers licensed under this 44
Chapter, as authorized by the ABC laws. The premixed cocktails must come to rest at the licensed 45
premises of a premixed cocktail wholesaler in this State before being resold to a retailer licensed 46
under this Chapter . A nonresident premixed cocktail vendor permit may be issued to a liquor 47
importer/bottler or a business outside North Carolina that is licensed or permitted to manufacture 48
premixed cocktails in the jurisdiction where the business is located and whose products are 49
lawfully sold in this State." 50
SECTION 22.(ww) G.S. 18B-1113.1 reads as rewritten: 51
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 55
"§ 18B-1113.1. Authorization of optional nonresident spirituous liquor vendor permit. 1
(a) The following businesses may apply for and obtain a nonresident spirituous liquor 2
vendor permit: 3
(1) A business located outside the State that is licensed or permitted to 4
manufacture spirituous liquor in the jurisdiction where the business is located 5
and whose products are lawfully sold in this State. 6
(2) A brokerage. 7
(3) A liquor importer/bottler. 8
(b) The holder of a nonresident spirituous liquor vendor permit may deliver and ship 9
spirituous liquor or premixed cocktails that has have been approved for sale in this State to the 10
permit holder's (i) employees in the State and (ii) brokerage if the brokerage also holds a 11
nonresident spirituous liquor vendor permit for the purposes of conducting special events 12
pursuant to G.S. 18B-1114.7. The permit holder may not ship or deliver more spirituous liquor 13
or premixed cocktails to its employees or brokerage than is necessary for any consumer tasting 14
event scheduled within one calendar month of the shipment or delivery. Nothing in this section 15
shall be interpreted to require a business to possess or obtain a nonresident spirituous liquor 16
vendor permit to do business in the State or State, to obtain a spirituous liquor special event 17
permit pursuant to G.S. 18B-1114.7.G.S. 18B-1114.7, or to obtain a premixed cocktail special 18
event permit pursuant to G.S. 18B-1114.9. 19
(c) For purposes of this section, "distillery" means the holder of a distillery permit issued 20
under G.S. 18B-1105 or a business loc ated outside the State that is licensed or permitted to 21
manufacture spirituous liquor in the jurisdiction where the business is located and whose products 22
are lawfully sold in this State." 23
SECTION 22.(xx) G.S. 18B-1114.7 is amended by adding a new subsection to read: 24
"(e) For purposes of this section, "spirituous liquor" includes premixed cocktails." 25
SECTION 22.(yy) Article 11 of Chapter 18B of the General Statutes is amended by 26
adding a new section to read: 27
"§ 18B-1114.9. Authorization of premixed cocktail special event permit. 28
(a) Authorization. – The holder of a distillery permit, a liquor importer/bottler permit, a 29
nonresident spirituous liquor vendor permit, or a nonresident premixed cocktail vendor permit 30
may obtain a premixed cocktail special event permit allowing the permittee to give free tastings 31
of its premixed cocktails; to sell branded merchandise such as glassware, cups, signs, t -shirts, 32
hats, and other apparel; and to sell its premixed cocktails in open or closed containers at shopping 33
malls and at trade shows, conventions, liquor festivals, street festivals, holiday festivals, 34
agricultural festivals, farmers markets, balloon races, local fundraisers, and other similar events 35
approved by the Commission. Except as provided in G.S. 18B-1105(a)(5a), a ll premixed 36
cocktails sampled or sold pursuant to this section must be purchased from a licensed premixed 37
cocktail wholesaler. 38
(b) Limitation. – A premixed cocktail special event permit is valid only in a jurisdiction 39
that has approved the sale of malt beverages, unfortified wine, fortified wine, or mixed beverages. 40
A premixed cocktail special event shall not be used as subterfuge for premixed cocktail suppliers 41
to ship directly to retail permittees unless otherwise authorized by law." 42
SECTION 22.(zz) G.S. 18B-1115 reads as rewritten: 43
"§ 18B-1115. Commercial transportation. 44
(a) Permit Required. – Unless a person holds a permit which otherwise allows him the 45
person to transport more than 80 liters of malt beverages other than draft malt beverages in kegs, 46
80 liters of premixed cocktails, 50 liters of unfortified wine, or eight liters of fortified wine or 47
spirituous liquor, or is a retailer authorized to transport alcoholic beverages under G.S. 18B-405, 48
each person transporting alcoholic beverages in excess of those quantities shall have the permit 49
described in this section. 50
General Assembly Of North Carolina Session 2025
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(b) When Transportation Legal. – No person may obtain a permit under this section to 1
transport spirituous liquor unless the transportation is for delivery to a federal reservation over 2
which North Carolina has ceded jurisdiction to the United States, for delivery to an ABC store, 3
or for transport through this State to another state. This subsection does not apply to premixed 4
cocktails. 5
… 6
(e) Transportation of Spirituous Liquor. – In addition to the requirements of subsection 7
(d), (d) of this section, motor vehicle carriers engaged in transporting spirituous liquor shall: 8
(1) Deposit with the Commission a surety bond for one thousand dollars ($1,000) 9
conditioned that the carrier will not unlawfully transport spirituous liquor into 10
or through this State. The bond, which shall be approved by the Commission, 11
shall be payable to the State of North Carolina . If the bonded carrier is 12
convicted of a violation covered by the bond, the proceeds of the forfeited 13
bond shall be paid to the school fund of the county in which the liquor was 14
seized. 15
(2) Include in its bill of lading, invoice or other memorandum of shi pment the 16
North Carolina code numbers of the spirituous liquor being transported. 17
(3) Include in its bill of lading, invoice or other memorandum of shipment the 18
route which the vehicle will follow, and the vehicle shall not vary substantially 19
from that stated route. 20
This subsection does not apply to premixed cocktails. 21
(f) Malt Beverages and Wine Beverages, Wine, and Premixed Cocktails Transported by 22
Boats. – The owner or operator of any boat may transport malt beverages, unfortified wine wine, 23
premixed cocktails, and fortified wine over the waters of this State if he the owner or operator 24
satisfies all requirements of subsection (d).(d) of this section. 25
…." 26
SECTION 22.(aaa) G.S. 18B-1118 reads as rewritten: 27
"§ 18B-1118. Purchase restrictions. 28
The holder of a malt beverage wholesaler, wine wholesaler, premixed cocktail wholesaler, 29
malt beverage importer, wine importer, or bottler permit may not purchase malt beverages or 30
wine beverages, wine, or premixed cocktails for resale in this State from a nonresident who does 31
not have the proper nonresident vendor permit." 32
SECTION 22.(bbb) G.S. 18B-1119 reads as rewritten: 33
"§ 18B-1119. Supplier's financial interest in wholesaler. 34
(a) A supplier or an officer, director, employee or affiliate of a supplier may not acquire, 35
possess, or otherwise maintain an ownership interest in its wholesaler except as expressly 36
authorized by this Chapter. 37
… 38
(c) A supplier or an officer, director, employee or affiliate of a supplier may have a 39
security interest in the inven tory or property of its wholesaler to secure payment for such 40
inventory or other loans for other purposes. 41
(d) For purposes of this section, "supplier" means a manufacturer, bottler, importer, or 42
owner of one or more brands of malt beverages, unfortified wine, premixed cocktails, or fortified 43
wine distributed by its wholesaler. The term "supplier" does not include a wholesaler that meets 44
either of the following criteria: 45
(1) The wholesaler also possesses a wine importer permit or permit, a malt 46
beverages importer permit permit, or a liquor importer/bottler permit and does 47
not directly or through an affiliated entity also possess a nonresident wine 48
vendor permit or permit, a nonresident malt beverages vendor permit permit, 49
or a nonresident premixed cocktail vendor permit issued pursuant to this 50
Chapter. 51
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House Bill 921-Second Edition Page 57
(2) The wholesaler is an importer in another state, provided such malt beverages, 1
unfortified wine, premixed cocktails, or fortified wine are transferred to it 2
through an unaffiliated and independent third party." 3
SECTION 22.(ccc) G.S. 18B-1307(b) reads as rewritten: 4
"(b) Approval of Certain Transfers and Mergers. – Upon notice to and approval by the 5
supplier, an individual owning an interest in a wholesaler may sell, assign or transfer that interest, 6
including the wholesaler's rights under its franchise agreement with the supplier, to any qualified 7
person. Likewise, a wholesaler may merge with another wholesaler in the State, transferring to 8
the new wholesaler entity the merging wholesaler's existing franchise rights. Within 30 days of 9
receipt of notice of the intended sale, assignment, transfer, or merger, the supplier shall request 10
any additional relevant, material information reasonably necessary for deciding whether to 11
approve the transaction. The supplier shall have 30 days from receipt of that information to object 12
to the sale, assignment, transfer, or merger. The supplier may object only if the proposed 13
transferee, or the wholesalership resulting from the merger, fails to meet qualifications and 14
standards that are nondiscriminatory, material, reasonable and consistently applied to North 15
Carolina wholesalers by the supplier. The burden shall be upon the supplier to prove that the 16
proposed transferee or merged wholesaler is not qualified. In determining whether the proposed 17
transferee or merged wholesaler is a qualified person, the supplier shall consider, but is not 18
limited to, the following factors: 19
(1) Whether the proposed transferee has the financial capacity to purchase the 20
wholesaler or the specified in terest upon terms that will not jeopardize the 21
future operation of the business, or whether the new entity resulting from a 22
merger will have such financial capacity to operate successfully, and whether 23
under such ownership the wholesaler will be able to provide financial support 24
necessary to the successful operation of the business, including market 25
spending, capital expenditures, and any equity capitalization or refinancing 26
requirements. 27
(2) Whether the proposed transferee, or the new entity resulting from a merger, 28
has the proven business experience to hire and maintain a management team 29
to successfully operate the business. 30
(3) If the proposed transferee does not have experience in the beer business, 31
whether the transferee has other experience to enable i t to operate a 32
distributorship successfully and whether the transferee is willing to participate 33
in training provided by the supplier. 34
(4) Whether the proposed transferee, or a party to the merger, already is a 35
wholesaler for the supplier in a different territory and, if so, whether sufficient 36
time and attention can be devoted to an additional market area. 37
In determining whether a proposed transferee, or the entity resulting from a merger, is a 38
qualified person, a supplier must consider the business on its own merits and may not designate 39
a specifically identified person as the only purchaser who will be approved. Nothing in this 40
subsection is intended to or should be construed to authorize a supplier to match and reassign to 41
a designee the right to purchase the ownership interest, subject to the designee purchasing the 42
ownership interest. Provided, however, a supplier may match and reassign to a designee the right 43
to purchase the ownership interest, subject to the designee purchasing the ownership interest a t 44
the price and on the conditions applicable to the purchase proposed by the transferee, if the total 45
annual gross sales of the supplier's malt beverages sold by the selling wholesaler total no more 46
than five percent (5%) of the selling wholesaler's total annual gross sales of wine and malt 47
beverages wine, malt beverages, and premixed cocktails in dollars." 48
SECTION 22.(ddd) Chapter 18B of the General Statutes is amended by adding a 49
new Article to read: 50
"Article 14. 51
General Assembly Of North Carolina Session 2025
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"Premixed Cocktail Franchise Law. 1
"§ 18B-1400. Purpose. 2
Pursuant to the authority of the State under the Twenty-First Amendment to the United States 3
Constitution, the General Assembly finds that regulation of the business relations between 4
premixed cocktail manufacturers and importers and the wh olesalers of such products , for 5
purposes of sales of premixed cocktails outside of ABC stores, is necessary to: 6
(1) Maintain stability and healthy competition in the premixed cocktail industry 7
in this State. 8
(2) Promote and maintain a sound, stable , and vi able three -tier system of 9
distribution of premixed cocktails to the public. 10
(3) Promote the compelling interest of the public in fair business relations 11
between premixed cocktail suppliers and wholesalers, and in the continuation 12
of premixed cocktail franchise agreements on a fair basis. 13
(4) Maintain a uniform system of control over the sale, purchase, and distribution 14
of premixed cocktails in the State. 15
(5) Prevent unfair or unlawful trade practices by enabling wholesalers to refuse 16
to participate in such practices without fear of arbitrary or unlawful retribution 17
from suppliers. 18
(6) Provide wholesalers with rights and remedies in addition to those existing by 19
contract or common law. 20
(7) Govern all agreements between suppliers and wholesalers, including any 21
renewals or amendments. 22
(8) Protect wholesalers against unfair treatment by suppliers. 23
(9) Preserve investments made by wholesalers in franchise agreements through 24
minimization of arbitrary termination. 25
(10) Promote consumer choice by ensuring an independent wholesale distribution 26
tier that enables wholesalers to distribute competing products of other 27
suppliers. 28
(11) Prevent vertical integration of the premixed cocktail market. 29
"§ 18B-1401. Definitions. 30
The following definitions apply in this Article: 31
(1) Supplier. – A manufacturer, bottler, or importer of premixed cocktails , 32
including anyone who holds a distillery permit, a liquor importer/bottler 33
permit who imports or bottles premixed cocktails, or a nonresident premixed 34
cocktail vendor permit. 35
(2) Wholesaler. – The holder of a premixed cocktail wholesaler permit. 36
"§ 18B-1402. Franchise agreement. 37
(a) Nature of Agreement. – A franchise agreement is a commercial relationship between 38
a wholesaler and supplier of a definite or indefinite duration, whether written or oral, including 39
any of the following: 40
(1) A relationship whereby a wholesaler is granted the right to offer and sell the 41
brands of premixed cocktails offered by the supplier. 42
(2) An agreement whereby a supplier grants to a whol esaler a license to use a 43
trade name, trademark, service mark , or related characteristic and in which 44
there is a community of interest in the marking of the products of the supplier 45
by lease or otherwise. 46
(b) Existence of Agreement. – A franchise agreement as described in subsection (a) of 47
this section exists when any of the following apply: 48
(1) The supplier has shipped premixed cocktails to a wholesaler or accepted an 49
order for premixed cocktails from the wholesaler. 50
General Assembly Of North Carolina Session 2025
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(2) A wholesaler has paid or the suppli er has accepted payment for an order of 1
premixed cocktails intended for sale within this State. 2
(3) The supplier and wholesaler have filed with the Commission a distribution 3
agreement as required by G.S. 18B-1403. 4
(4) A supplier acquires the right to manufacture a premixed cocktail product, or 5
the trade name for such product, or the right to distribute a product, for which 6
a wholesaler has a franchise agreement. 7
"§ 18B-1403. Filing of distribution agreement; no discrimination. 8
(a) Filing. – It is unlawful for a supplier to provide premixed cocktails to a wholesaler 9
unless the Commission has received notification from the supplier designating the brands of the 10
supplier which the wholesaler is authorized to sell and the territory in which such sales may take 11
place. If the supplier sells several brands, the agreement need not apply to all brands. A franchise 12
agreement applies to all supplier products under the same brand name, and different categories 13
of products manufactured under a common identifying trade name are considered to be the same 14
brand. No supplier may provide by a distribution agreement for the distribution of a brand to 15
more than one wholesaler for the same territory. A wholesaler shall not distribute any bran d of 16
premixed cocktail to a retailer whose premises are located outside the territory specified in the 17
wholesaler's distribution agreement for that brand, except to a retail permittee 's off-site airport 18
storage premises pursuant to G.S. 18B-1011. A wholesaler may, however, with the approval of 19
the Commission, distribute premixed cocktails outside its designated territory during periods of 20
temporary service interruption when requested to do so by the supplier and the wholesaler whose 21
service is interrupted. 22
(b) ABC Store Exception. – Notwithstanding subsection (a) of this section, nothing in 23
this Article shall prohibit a supplier from selling premixed cocktails to the ABC Commission for 24
resale in ABC stores. A supplier 's sales to the Commission shall not cons titute a distribution of 25
the brand within any wholesaler's franchised territory for purposes of this Article. 26
(c) No Discrimination. – A wholesaler shall service all retail permit holders within the 27
wholesaler's designated territory without discrimination and shall make a good -faith effort to 28
make available to each retail permit holder in the territory each brand of premixed cocktail which 29
the wholesaler has been authorized to distribute in that area. The provisions of this subsection 30
shall not apply to ret ail permit holder private label brands, which, at the retail permit holder 's 31
direction, may be sold either exclusively to the retailer that owns the brand name or to all retail 32
permit holders within each territory without discrimination. For purposes of th is subsection, the 33
term "retail permit holder private label brand" means a premixed cocktail product that is labeled 34
with a brand name owned by a retailer. 35
(d) No Price Maintenance. – A franchise agreement shall not, either expressly or by 36
implication or in its operation, establish or maintain the resale price of any brand of premixed 37
cocktails by a wholesaler. 38
"§ 18B-1404. Prohibitions. 39
It is unlawful for a supplier, or an officer, agent, or representative of a supplier, to do any of 40
the following: 41
(1) Coerce or attempt to coerce or persuade a wholesaler to violate any provision 42
of the ABC laws or rules of the Department of Revenue. 43
(2) Alter in a material way, terminate, fail to renew, or cause a wholesaler to 44
resign from a franchise agreement with a wholesaler except for good cause 45
and with the notice required by G.S. 18B-1405. 46
(3) Withdraw money from or otherwise access a wholesaler 's bank accounts 47
without the wholesaler's consent. 48
(4) Present a franchise agreement, amendment, or renewal to a wholesaler that 49
attempts to waive compliance with any provision of this Article or that 50
requires a wholesaler to waive compliance with any provision of this Article. 51
General Assembly Of North Carolina Session 2025
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A wholesaler entering into a franchise agreement containing provisions in 1
conflict with this Article shall not be deemed to waive rights protected by, or 2
in compliance with, any provision of this Article. 3
(5) Induce or coerce, or attemp t to induce or coerce, any wholesaler to assent to 4
any franchise agreement, amendment, or renewal that does not comply with 5
this Article and the laws of this State. 6
(6) Coerce or attempt to coerce a wholesaler, or its designated or anticipated 7
successor, t o sign a franchise agreement, amendment, or renewal to a 8
franchise agreement by threatening to refuse to approve or delay issuing an 9
approval for the sale, transfer, or merger of a wholesaler's business. 10
(7) Terminate, cancel, or nonrenew or attempt to ter minate, cancel, or nonrenew 11
a franchise agreement on the basis that the wholesaler fails to agree or consent 12
to an amendment to the franchise agreement. 13
(8) Prohibit a wholesaler from distributing the product of any other supplier, 14
except that a supplier may prohibit a wholesaler from distributing the product 15
of another supplier if reasonable grounds exist for prohibiting the wholesaler's 16
acquisition of the product and the acquisition would result in the wholesaler 17
acquiring eighty percent (80%) or more by volume of all premixed cocktail 18
products sold in the territory being acquired at the time of the acquisition. 19
(9) Refuse to approve or require a wholesaler to terminate a brand manager or 20
successor manager without good cause. A supplier has good cause only if the 21
person designated for approval by the wholesaler fails to meet reasonable 22
standards and qualifications. 23
(10) Discriminate in price, allowance, rebate, refund, payment term, commission, 24
discount, or service between wholesalers licensed in North Carolina. As used 25
in this sub division, "discriminate" means the granting of a more favorable 26
price, allowance, rebate, refund, payment term, commission, discount, or 27
service to one North Carolina wholesaler than to another North Carolina 28
wholesaler based on the quantity of premixed cocktails purchased or for any 29
other reason, but "discriminate" shall exclude the granting of more favorable 30
freight and transportation costs, price promotions on premixed cocktail 31
products for special events in a particular market not to exceed 14 consecutive 32
days, point -of-sale a dvertising materials, sponsorships, consumer specialty 33
items, consumer sweepstakes, and novelties. A supplier may, however, offer 34
a lower price or discount in order to match that of a competing supplier on a 35
similar category of premixed cocktail products i n the entire State or in a 36
particular market. This subdivision shall not apply to a supplier's sales to the 37
ABC Commission. 38
"§ 18B-1405. Cause for termination of franchise agreement. 39
(a) Meaning of Good Cause. – Good cause for altering or terminating a fr anchise 40
agreement, or failing to renew or causing a wholesaler to resign from such an agreement, exists 41
when the wholesaler fails to comply with provisions of the agreement which are reasonable, 42
material, not unconscionable, and which are not discriminator y when compared with the 43
provisions imposed, by their terms or in the manner of enforcement, on other similarly situated 44
wholesalers by the supplier. The meaning of good cause set out in this section may not be 45
modified or superseded by provisions in a written franchise agreement prepared by a supplier if 46
those provisions purport to define good cause in a manner different than specified in this section. 47
In any dispute over alteration, termination, failure to renew , or causing a wholesaler to resign 48
from a franchise agreement, the burden is on the supplier to establish that good cause exists for 49
the action. 50
General Assembly Of North Carolina Session 2025
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(b) Notice of Cause. – At least 90 days before altering, terminating, or failing to renew a 1
franchise agreement for good cause, the supplier must give the wholesaler written notice of the 2
intended action and the specific reasons for it. If the cause for the alteration, termination , or 3
failure to renew is subject to correction by the wholesaler, and the wholesaler makes such 4
correction within 45 days of receipt of the notice, the notice shall be void. 5
(c) Termination for Cause without Advance Notice. – A supplier may terminate or fail to 6
renew a franchise agreement for any of the following reasons and the termination shall be 7
complete upon receipt by the wholesaler of a written notice of the termination and the reason: 8
(1) Insolvency of the wholesaler, the dissolution or liquidation of the wholesaler, 9
or the filing of any petition by or against the wholesaler under any bankruptcy 10
or receivership law which materially affects the wholesaler's ability to remain 11
in business. 12
(2) Revocation of the wholesaler's State or federal permit or license for more than 13
30 days. 14
(3) Conviction of the wholesaler, or of a partner or individual who owns ten 15
percent (10%) or more of the partnership or stock of the wholesaler, of a 16
felony which might reasonably be expected to adversely affect the goodwill 17
or interest of the wholesaler or supplier. The provisions of this subdivision 18
shall not apply, however, if the wholesaler or its existing partners or 19
stockholders shall have the right to purchase the interest of the offending 20
partner or stockholder, and such purchase is completed within 30 days of the 21
conviction. 22
(4) Fraudulent conduct by the wholesaler in its dealings with the supplier or its 23
products. 24
(5) Failure of the wholesaler to pay for the supplier 's products according to the 25
established terms of the supplier. 26
(6) Assignment, sale, or transfer of the wholesaler 's business or control of the 27
wholesaler without the written consent of the supplier, except as provided in 28
G.S. 18B-1407. 29
(d) Absence of Good Cause. – Good cause for alteration, termination, or failure to renew 30
a franchise agreement does not include: 31
(1) The failure or refusal of the wholesaler to engage in any trade practice, 32
conduct, or activity which would violate federal or State law. 33
(2) The failure or refusal of the wholesaler to take a ny action which would be 34
contrary to the provisions of this Article. 35
(3) A change in the ownership of the supplier or the acquisition by another 36
supplier of the distillery, brand, or trade name or trademark, or acquisition of 37
the right to distribute a product, from the original supplier. 38
(4) Sale or transfer of the rights to manufacture, distribute, or use the trade name 39
of the brand to a successor supplier. 40
(5) Failure of the wholesaler to meet standards of operation or performance that 41
have been imposed o r revised unilaterally by the supplier without a fair 42
opportunity for the individual wholesaler to bargain as to the terms, unless the 43
supplier has implemented the standards on a national basis and those standards 44
are consistently applied to all similarly situated North Carolina wholesalers in 45
a nondiscriminatory manner. 46
(6) The establishment of a franchise agreement between a wholesaler and another 47
supplier, or similar acquisition by a wholesaler of the right to distribute a 48
brand of another supplier. 49
(7) The desire of a supplier to consolidate its franchises. 50
"§ 18B-1406. Remedies for wrongful termination. 51
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(a) Injunctive Relief. – A wholesaler whose franchise agreement is altered, terminated , 1
or not renewed in violation of this Article may bring an action to enjoin such unlawful alteration, 2
termination, or failure to renew. The action may be brought in the county in which the wholesaler 3
has its principal place of business or in any county in which the wholesaler receives or distributes 4
the products in issue. Any injunction issued pursuant to this subsection shall require the 5
wholesaler to supply the customers in its territory with their reasonable retail requirements and 6
to otherwise serve the territory. 7
(b) Monetary Damages. – In lieu of injunctive relief, a wholesaler whose franchise 8
agreement is altered, terminated , or not renewed in violation of this Article shall be entitled to 9
recover monetary damages from the supplier. The amount to which the wholesaler is entitled 10
shall be the value of the wholesaler's business distributing the supplier's products, including: 11
(1) The laid-in costs to the wholesaler of the inventory of the supplier's products, 12
including any State and local taxes paid on the inventory by the wholesaler, 13
plus a reasonable charge for handling of the products upon surrender of the 14
inventory to the supplier. 15
(2) The fair market value of all assets, including ancillary businesses of the 16
wholesaler used in distributing the supplier's products. The total compensation 17
to be paid to the wholesaler shall be reduced, however, by any amount 18
received by the whol esaler from sale of assets of the business used in 19
distributing the supplier's products as well as by the value such assets have to 20
the wholesaler unrelated to the supplier's products. "Fair market value" means 21
the highest dollar amount at which a seller would be willing to sell and a buyer 22
willing to buy at a time prior to the alteration, termination, or failure to renew, 23
when each possesses all information relevant to the transaction. 24
"§ 18B-1407. Transfer or merger of wholesaler's business. 25
(a) Right of Transfer to Designated Family Member. – An individual 's interest in a 26
wholesaler business, including the rights under the franchise agreement with the supplier, may 27
be transferred or assigned to a designated family member. The transfer or assignment shall not 28
be effective until written notice is given to the supplier, but the supplier's consent is not required 29
for the transfer or assignment. "Designated family member" means the wholesaler's spouse, child, 30
grandchild, parent, brother, sister, niece, or nephew. With respect to an incapacitated individual 31
having an ownership interest in a wholesaler, the term "designated family member" also means 32
the person appointed by the court as the conservator of such individual's property. The term also 33
includes the appo inted and qualified personal representative and the testamentary trustee of a 34
deceased wholesaler. 35
(b) Approval of Certain Transfers and Mergers. – Upon notice to and approval by the 36
supplier, an individual owning an interest in a wholesaler may sell, assi gn, or transfer that 37
interest, including the wholesaler's rights under its franchise agreement with the supplier, to any 38
qualified person. Likewise, a wholesaler may merge with another wholesaler in the State, 39
transferring to the new wholesaler entity the merging wholesaler 's existing franchise rights. 40
Within 30 days of receipt of notice of the intended sale, assignment, transfer, or merger, the 41
supplier shall request any additional relevant, material information reasonably necessary for 42
deciding whether to approve the transaction. The supplier shall have 30 days from receipt of that 43
information to object to the sale, assignment, transfer, or merger. The supplier may object only 44
if the proposed transferee, or the wholesalership resulting from the merger, fai ls to meet 45
qualifications and standards that are nondiscriminatory, material, reasonable , and consistently 46
applied to North Carolina wholesalers by the supplier. The burden shall be upon the supplier to 47
prove that the proposed transferee or merged wholesaler is not qualified. In determining whether 48
the proposed transferee or merged wholesaler is a qualified person, the supplier shall consider, 49
but is not limited to, the following factors: 50
General Assembly Of North Carolina Session 2025
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(1) Whether the proposed transferee has the financial capacity to pur chase the 1
wholesaler or the specified interest upon terms that will not jeopardize the 2
future operation of the business, or whether the new entity resulting from a 3
merger will have such financial capacity to operate successfully, and whether 4
under such ownership the wholesaler will be able to provide financial support 5
necessary to the successful operation of the business, including market 6
spending, capital expenditures, and any equity capitalization or refinancing 7
requirements. 8
(2) Whether the proposed tran sferee, or the new entity resulting from a merger, 9
has the proven business experience to hire and maintain a management team 10
to successfully operate the business. 11
(3) If the proposed transferee does not have experience in the premixed cocktail 12
business, whether the transferee has other experience to enable it to operate a 13
distributorship successfully and whether the transferee is willing to participate 14
in training provided by the supplier. 15
(4) Whether the proposed transferee, or a party to the merger, already is a 16
wholesaler for the supplier in a different territory and, if so, whether sufficient 17
time and attention can be devoted to an additional market area. 18
In determining whether a proposed transferee, or the entity resulting from a merger, is a 19
qualified person, a supplier must consider the business on its own merits and may not designate 20
a specifically identified person as the only purchaser who will be approved. Nothing in this 21
subsection is intended to or should be construed to authorize a supplier to match and reassign to 22
a designee the right to purchase the ownership interest, subject to the designee purchasing the 23
ownership interest. Provided, however, a supplier may match and reassign to a designee the right 24
to purchase the ownership int erest, subject to the designee purchasing the ownership interest at 25
the price and on the conditions applicable to the purchase proposed by the transferee, if the total 26
annual gross sales of the supplier 's premixed cocktails sold by the selling wholesaler t otal no 27
more than five percent (5%) of the selling wholesaler 's total annual gross sales of wine , malt 28
beverages, and premixed cocktails in dollars. 29
(c) Damages. – A supplier who disapproves or prevents a proposed assignment or change 30
of ownership or merger in violation of this section shall be liable to the wholesaler who proposed 31
to make the sale, assignment, transfer, or merger for the difference between the disapproved sale 32
price and a subsequent actual price of a sale of the same assets completed withi n a reasonable 33
period. If, however, the proposed transfer or sale was to a business associate at a bargain price, 34
the amount of compensation shall be at least the fair market value of the interest proposed to be 35
sold or transferred, minus the proceeds of a n actual sale of the interest completed within a 36
reasonable time. 37
"§ 18B-1408. Article part of all franchise agreements. 38
The provisions of this Article shall be part of all franchise agreements as defined in 39
G.S. 18B-1402 and may not be altered by the par ties. A wholesaler 's rights under this Article 40
may not be waived or superseded by the provisions of a written franchise agreement prepared by 41
a supplier that are in any way inconsistent with or contrary to any part of this Article. The rights 42
of a wholesal er under this Article shall remain in effect regardless of a provision in a written 43
franchise agreement prepared by a supplier that purports to require arbitration of a franchise 44
dispute or that purports to require legal remedies to be sought in a different jurisdiction. 45
"§ 18B-1409. Mediation at direction of Alcoholic Beverage Control Commission. 46
If a dispute arises between a wholesaler and supplier under this Article, and such dispute 47
appears likely to lead to litigation, the Commission, upon request of any party or on its own 48
initiative, may require the parties to participate in mediation in an effort to resolve the dispute. 49
This authority shall be in addition to the Commission 's authority to issue declaratory rulings 50
pursuant to G.S. 150B-4. The Commission may designate the mediator, in which case the 51
General Assembly Of North Carolina Session 2025
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Commission shall pay the mediator's fee, or the Commission may direct the parties to agree upon 1
and share the costs of a mediator. If the parties then cannot agree upon a mediator, the 2
Commission shall designate the mediator, and the fees shall be divided evenly by the parties. The 3
Commission shall direct that the mediation be completed within a specified period of time. 4
Except for injunctive relief, no lawsuit or other legal action concerning the dispute may be filed 5
until the mediation is completed and is unsuccessful, unless necessary to avoid expiration of a 6
statute of limitation." 7
SECTION 22.(eee) G.S. 66-58 reads as rewritten: 8
"§ 66-58. Sale of merchandise or services by governmental units. 9
(a) Except as provided in this section, it is unlawful for any unit, department, or agency 10
of the State government, or any division or subdivision of the unit, department, or agency, or any 11
individual employee or employees of the unit, department, or agency in his, her, or their capacity 12
as employee or employees thereof to engage directly or indirectly in the sale of goods, wares, or 13
merchandise in competition with citizens of the State, or to engage in the operation of restaurants, 14
cafeterias or other eating places in any building owned by or leased in the name of the State, or 15
to maintain service establishments for the rendering of services to the public ordinarily and 16
customarily rendered by private enterprises, or to provide transportation services, or to c ontract 17
with any person, firm, or corporation for the operation or rendering of the businesses or services 18
on behalf of the unit, department, or agency, or to purchase for or sell to any person, firm, or 19
corporation any article of merchandise in competitio n with private enterprise. The leasing or 20
subleasing of space in any building owned, leased, or operated by any unit, department, agency, 21
division, or subdivision of the State for the purpose of operating or rendering of any of the 22
businesses or services referred to in this section is prohibited. 23
(b) Subsection (a) of this section does not apply to any of the following: 24
… 25
(29) The ABC Commission and local ABC boards for purposes of the sale of 26
premixed cocktails. 27
…." 28
SECTION 22.(fff) G.S. 105-113.68 reads as rewritten: 29
"§ 105-113.68. Definitions; scope. 30
(a) Definitions. – The following definitions apply in this Article: 31
… 32
(8) Person. – Defined in G.S. 105-228.90. 33
(8a) Premixed cocktail. – Defined in G.S. 18B-101. 34
… 35
(13) Wholesaler or importer. – When used with reference to a wholesaler or an 36
importer of wine or wine, malt beverages, or premixed cocktails, the term 37
includes (i) a resident winery and a wine producer that sells its wines, or wine 38
produced for the permittee under contract, at wholesale to a retailer or at retail 39
and retail, (ii) a resident brewery that sells its malt beverages, or malt 40
beverages produced for the permittee under contract, at wholesale to a retailer 41
or at retail. retail, and (iii) a resident distillery that sells its premixed cocktails, 42
or premixed cocktails produced for the permittee under contract, at wholesale 43
to a retailer or at retail. This subdivision applies to a person that holds any of 44
the following permits issued by the ABC Commission: 45
… 46
g. Malt beverages wholesaler permit under G.S. 18B-1109. 47
h. Wine producer permit under G.S. 18B-1114.3. 48
i. Premixed cocktail wholesaler permit under G.S. 18B-1109.1. 49
… 50
General Assembly Of North Carolina Session 2025
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(b) Scope. – All alcoholic beverages shall be taxed as provided in this Article regardless 1
whether they meet all criteria of these definitions." 2
SECTION 22.(ggg) G.S. 105-113.79 reads as rewritten: 3
"§ 105-113.79. City wholesaler license. 4
A city may require city malt beverage and wine beverage, wine, and premixed cocktail 5
wholesaler licenses for businesses located inside the city, but may not require a license for a 6
business located outside the city, regardless whether that business sells or delivers malt beverages 7
or wine beverages, wine, or premixed cocktails inside the city. The city may charge an annual 8
tax of not more than thirty -seven dollars and fifty cents ($37.50) for a city malt beverage 9
wholesaler or a city wine wholesaler license.license under this section." 10
SECTION 22.(hhh) G.S. 105-113.80 reads as rewritten: 11
"§ 105 -113.80. Excise taxes on malt beverages, wine, and liquor. liquor, and premixed 12
cocktails. 13
(a) Malt Beverage. – An excise tax of sixty -one and seventy -one hundredths c ents 14
(61.71¢) per gallon is levied on the sale of malt beverages. 15
(b) Wine. – An excise tax of twenty -six and thirty -four hundredths cents (26.34¢) per 16
liter is levied on the sale of unfortified wine, and an excise tax of twenty -nine and thirty -four 17
hundredths cents (29.34¢) per liter is levied on the sale of fortified wine. 18
(c) Liquor. – An excise tax of thirty percent (30%) is levied on spirituous liquor and 19
antique spirituous liquor sold in ABC stores, permitted distilleries, and in establishments holding 20
an on - or off -premises unfortified wine permit in a distillery estate district pursuant to 21
G.S. 18B-1006(r). Pursuant to G.S. 18B-804(b), the price of liquor on which this tax is computed 22
is the spirituous liquor or antique spirituous liquor seller's price plus (i) the State ABC warehouse 23
freight and bailment charges and (ii) a markup for local ABC boards, unless otherwise specified 24
by law. 25
(d) Premixed Cocktails. – An excise tax of two dollars and fifty cents ($2.50) per gallon 26
is levied on the sale of premixed cocktails." 27
SECTION 22.(iii) G.S. 105-113.81 reads as rewritten: 28
"§ 105-113.81. Exemptions. 29
(a) Major Disaster. – Wholesalers and importers of malt beverages and wine beverages, 30
wine, and premixed cocktails are not required to remit excise taxes on malt beverages or wine 31
beverages, wine, or premixed cocktails rendered unsalable by a major disaster. To qualify for 32
this exemption, the wholesaler or importer shall prove to the satisfaction of the Secretary that a 33
major disaster occurred. A major disaster is the destruction, spoilage, or rendering unsalable of 34
50 or more cases, or the equivalent, of malt beverages beverages or premixed cocktails or 25 or 35
more cases, or the equivalent, of wine. 36
(b) Sales to Oceango ing Vessels. – Wholesalers and importers of malt beverages and 37
wine beverages, wine, and premixed cocktails are not required to remit excise taxes on malt 38
beverages and wine beverages, wine, and premixed cocktails sold and delivered for use on 39
oceangoing vessels. An oceangoing vessel is a ship that plies the high seas in interstate or foreign 40
commerce, in the transport of freight or passengers, or both, for hire exclusively. To qualify for 41
this exemption the beverages shall be delivered to an officer or agent of the vessel for use on that 42
vessel. Sales made to officers, agents, crewmen, or passengers for their personal use are not 43
exempt. 44
(c) Sales to Armed Forces of the United States. – Wholesalers and importers of malt 45
beverages and wine beverages, wine, and premixed cocktails are not required to remit excise 46
taxes on malt beverages and wine beverages, wine, and premixed cocktails sold to the Armed 47
Forces of the United States. The Secretary may require malt beverages and wine beverages, wine, 48
and premixed cocktails sold to the Armed Forces of the United States to be marked "For Military 49
Use Only" to facilitate identification of those beverages. 50
General Assembly Of North Carolina Session 2025
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(d) Out-of-State Sales. – Wholesalers and importers of malt beverages and wine 1
beverages, wine, and premixed cocktails are not required to remit excise taxes on malt beverages 2
and wine beverages, wine, and premixed cocktails shipped out of this State for resale outside the 3
State. 4
(e) Tasting. – Resident breweries, wineries, and distilleries are not required to remit 5
excise taxes on malt beverages, wine, premixed cocktails, or spirituous liquor given free of 6
charge to customers, visitors, and employees on the manufacturer's licensed premises for 7
consumption on those premises. 8
…." 9
SECTION 22.(jjj) G.S. 105-113.83 is amended by adding a new subsection to read: 10
"(a2) Premixed Cocktails. – The excise tax on premixed cocktails levied under 11
G.S. 105-113.80(d) is payable by the resident wholesaler or importer who first handles the 12
beverages in this State. The taxes on premixed cocktails are payable only once on the same 13
beverages. The wholesaler or importer must file a monthly report, and the report is due on or 14
before the fifteenth day of the month following the month covered by the report. The report must 15
include the sales records for the month for which the taxes are paid, indicate the amount of excise 16
tax due, and indicate separately any transactions to which the excise tax does not apply." 17
SECTION 22.(lll) G.S. 105-113.83A(a) reads as rewritten: 18
"(a) Registration R equired. – A person who holds a wine shipper permit issued under 19
G.S. 18B-1001.1 or one or more of the following ABC permits issued under Article 11 of Chapter 20
18B of the General Statutes must register with the Secretary: 21
… 22
(12) Nonresident spirituous liquor vendor. 23
(13) Premixed cocktail wholesaler. 24
(14) Nonresident premixed cocktail vendor." 25
SECTION 22.(mmm) G.S. 105-251.2(b) is amended by adding a new subdivision 26
to read: 27
"(5) A premixed cocktail wholesaler, as defined in G.S. 18B-1401." 28
SECTION 22.(nnn) G.S. 153A-145.7 reads as rewritten: 29
"§ 153A-145.7. Hours of certain alcohol sales. 30
In accordance with G.S. 18B-1004(c), a county may adopt an ordinance allowing for the sale 31
of malt beverages, unfortified wine, premixed cocktails, fortified wine, and mixed beverages 32
beginning at 10:00 A.M. on Sunday pursuant to the licensed premises' permit issued under 33
G.S. 18B-1001." 34
SECTION 22.(ooo) G.S. 160A-205.3 reads as rewritten: 35
"§ 160A-205.3. Hours of certain alcohol sales. 36
In accordance with G.S. 18B-1004(c), a city may adopt an ordinance allowing for the sale of 37
malt beverages, unfortified wine, premixed cocktails, fortified wine, and mixed beverages 38
beginning at 10:00 A.M. on Sunday pursuant to the licensed premises' permit issued under 39
G.S. 18B-1001." 40
SECTION 22.(ppp) The rules of the Alcoholic Beverage Control Commission 41
pertaining to the possession, consumption, and sale of malt beverages shall apply equally to 42
premixed cocktails. The Commission shall amend its rules as soon as practicable to be consistent 43
with this section. 44
SECTION 22.(qqq) Section 22(ddd) of this act is effective when it becomes law and 45
applies to distribution agreements entered into and transactions conducted on or after that date. 46
The remainder of this section becomes effecti ve October 1, 2026, and applies to premixed 47
cocktails sold on or after that date. 48
49
ALLOW WINERIES TO SELL MALT BEVERAGES FOR ON -PREMISES 50
CONSUMPTION 51
General Assembly Of North Carolina Session 2025
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SECTION 23.(a) G.S. 18B-1001(1) reads as rewritten: 1
"(1) On-Premises Malt Beverage Permit. – An on-premises malt beverage permit 2
authorizes (i) the retail sale of malt beverages for consumption on the 3
premises, either alone or mixed with other beverages, (ii) the retail sale of malt 4
beverages in the manufacturer's original container for consumption off the 5
premises, and (iii) the retail sale of malt beverages in a cleaned and sanitized 6
container that is filled or refilled and sealed for consumption off the premises 7
and that identifies the permittee and the date the container was filled or 8
refilled. The permit a lso authorizes the permittee to transfer malt beverages, 9
not more than four times per calendar year, to another on -premises malt 10
beverage permittee that is under common ownership or control as the 11
transferor. Except as authorized by this subdivision, trans fers of malt 12
beverages by on -premises malt beverage permittees, purchases of malt 13
beverages by a retail permittee from another retail permittee for the purpose 14
of resale, and sales of malt beverages by a retail permittee to another retail 15
permittee for the purpose of resale are unlawful. In addition, a particular brand 16
of malt beverages may be transferred only if both the transferor and transferee 17
are located within the territory designated between the brewery and the 18
wholesaler on file with the Commission. Prior to or contemporaneous with 19
any such transfer, the transferor shall notify each wholesaler who distributes 20
the transferred product of the transfer. The notice shall be in writing or 21
verifiable electronic format and shall identify the transferor and transferee, the 22
date of the transfer, quantity, and items transferred. It also authorizes the 23
holder of the permit to ship malt beverages in closed containers to individual 24
purchasers inside and outside the State. The permit may be issued for any of 25
the following: 26
a. Restaurants. 27
b. Hotels. 28
c. Eating establishments. 29
d. Food businesses. 30
e. Retail businesses. 31
f. Private clubs. 32
g. Convention centers. 33
h. Community theatres. 34
i. Breweries as authorized by subdivisions (7) and (8) of 35
G.S. 18B-1104(a). 36
j. Sports and entertainment venues. 37
k. Bars. 38
l. The holder of a distillery permit authorized under G.S. 18B-1105. 39
m. Wineries as authorized by G.S. 18B-1101(5a) and 40
G.S. 18B-1102(5a)." 41
SECTION 23.(b) G.S. 18B-1101 reads as rewritten: 42
"§ 18B-1101. Authorization of unfortified winery permit. 43
The holder of an unfortified winery permit may: 44
… 45
(5) Regardless of the results of any local wine election, sell the wine owned by 46
the winery at the winery for on - or off-premise consumption upon obtaining 47
the appropriate permit under G.S. 18B-1001; 48
(5a) Regardless of the r esults of any local malt beverage election, sell malt 49
beverages for on-premise consumption upon obtaining the appropriate permit 50
under G.S. 18B-1001; 51
General Assembly Of North Carolina Session 2025
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…." 1
SECTION 23.(c) G.S. 18B-1102 reads as rewritten: 2
"§ 18B-1102. Authorization of fortified winery permit. 3
The holder of a fortified winery permit may: 4
… 5
(5) Regardless of the results of any local wine election, sell the winery's wine for 6
on-or off-premise consumption upon obtaining the appropriate permit under 7
G.S. 18B-1001. 8
(5a) Regardless of the results of any local malt beverage election, sell malt 9
beverages for on-premise consumption upon obtaining the appropriate permit 10
under G.S. 18B-1001. 11
…." 12
SECTION 23.(d) This section is effective when it becomes law. 13
14
ALLOW OFF -PREMISES WINE TASTINGS AND CLARIFY THAT WINE SHOP 15
PERMITTEES MAY HOLD MALT BEVERAGE SHOP PERMITS AND THAT MALT 16
BEVERAGE SHOP PERMITTEES MAY HOLD WINE SHOP PERMITS 17
SECTION 24. G.S. 18B-1001 reads as rewritten: 18
"§ 18B-1001. Kinds of ABC permits; places eligible. 19
When the issuance of the permit is lawful in the jurisdiction in which the premises are located, 20
the Commission may issue the following kinds of permits: 21
… 22
(3) On-Premises Unfortified Wine Permit. – An on -premises unfortified wine 23
permit authorizes (i) the retail sale of unfortified wine for consumption on the 24
premises, either alone or mixed with other beverages, (ii) the retail sale of 25
unfortified wine in the manufacturer's original container for consumption off 26
the premises, and (iii) the retail sale of unfortified wine dispensed from a tap 27
connected to a pressurized container utilizing carbon dioxide or similar gas 28
into a cleaned and sanitized container that is filled or refilled and sealed for 29
consumption off the premises and that identifies the permittee and the date the 30
container was filled or refilled. refilled, and (iv) wine tastings conducted at a 31
consumer's private residence or a location not holding a permit under this 32
section where consumers are educated about selection, serving, and storing of 33
wine by the permittee or the permittee's employee or agent utilizing wine from 34
the permit holder 's inventory and consumers may purchase wine for future 35
delivery or pickup at the permittee 's permitted premises . The permit also 36
authorizes the permittee to transfer unfortified wine, not more than four times 37
per calendar year, to another on -premises unfortified wine permittee that is 38
under common ownership or control as the transferor. Except as authorized 39
by this subdivision, transfers of wine b y on -premises unfortified wine 40
permittees, purchases of wine by a retail permittee from another retail 41
permittee for the purpose of resale, and sale of wine by a retail permittee to 42
another retail permittee for the purpose of resale are unlawful. In additi on, a 43
particular brand of wine may be transferred only if both the transferor and 44
transferee are located within the territory designated between the winery and 45
the wholesaler on file with the Commission. Prior to or contemporaneous with 46
any such transfer, the transferor shall notify each wholesaler who distributes 47
the transferred product of the transfer. The notice shall be in writing or 48
verifiable electronic format and shall identify the transferor and transferee, the 49
date of the transfer, quantity, and it ems transferred. The holder of the permit 50
is authorized to ship unfortified wine in closed containers to individual 51
General Assembly Of North Carolina Session 2025
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purchasers inside and outside the State. Orders received by a winery by 1
telephone, Internet, mail, facsimile, or other off -premises means of 2
communication shall be shipped pursuant to a wine shipper permit and not 3
pursuant to this subdivision. The permit may be issued for any of the 4
following: 5
a. Restaurants. 6
b. Hotels. 7
c. Eating establishments. 8
d. Private clubs. 9
e. Convention centers. 10
f. Cooking schools. 11
g. Community theatres. 12
h. Wineries. 13
i. Wine producers. 14
j. Retail businesses. 15
k. Sports and entertainment venues. 16
l. Bars. 17
m. The holder of a distillery permit authorized under G.S. 18B-1105. 18
n. Breweries. 19
Additionally, an on -premises unfortified wine permit authorizes a permittee 20
that is a restaurant, eating establishment, hotel, private club, bar, brewery, 21
winery, or wine producer to sell at retail single-serving unfortified wine drinks 22
for consumption off the premises, including delivery by t he permittee or a 23
delivery service permittee. Single -serving unfortified wine drinks sold for 24
consumption off the premises must be sold with food and shall be packaged 25
in a container with a secure lid or cap and in a manner designed to prevent 26
consumption without removal of the lid or cap. The container shall be no 27
greater than 24 fluid ounces. In accordance with G.S. 20-138.7, the 28
transportation of single -serving unfortified wine drinks in a motor vehicle 29
shall not be unlawful if the container is an unopen ed manufacturer's original 30
container or is transported in a locked container, in the trunk, or in the area 31
behind the last upright seat in a motor vehicle not equipped with a trunk . 32
Notwithstanding G.S. 18B-1010, the sale of more than two single -serving 33
unfortified wine drinks at one time shall not be unlawful if the single-serving 34
unfortified wine drinks are sold for delivery or consumption off the permittee's 35
premises. No single -serving unfortified wine by the drink ordered for 36
off-premises consumption sh all be provided to any person other than the 37
purchaser of the single-serving unfortified wine drink, except that in the case 38
of delivery, the delivery service permittee through its employees or agents 39
may provide the single-serving unfortified wine drink t o a person other than 40
the purchaser if the permittee or the permittee's employees or agents verify 41
that the person is over 21 years of age using age verification software requiring 42
the recipient to provide a form of photographic identification authorized i n 43
G.S. 18B-302(d)(1). 44
… 45
(16) Wine Shop Permit. – A wine shop permit authorizes (i) the retail sale of malt 46
beverages, unfortified wine, and fortified wine in the manufacturer's original 47
container for consumption off the premises, (ii) the retail sale of ma lt 48
beverages or unfortified wine dispensed from a tap connected to a pressurized 49
container utilizing carbon dioxide or similar gas in a cleaned and sanitized 50
container that is filled or refilled and sealed for consumption off the premises 51
General Assembly Of North Carolina Session 2025
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and that identifi es the permittee and the date the container was filled or 1
refilled, and (iii) wine tastings on the premises conducted and supervised by 2
the permittee in accordance with subdivision (15) of this section. section, and 3
(iv) wine tastings conducted at a consum er's private residence or a location 4
not holding a permit under this section where consumers are educated about 5
selection, serving, and storing of wine by the permittee or the permittee 's 6
employee or agent utilizing wine from the permit holder 's inventory and 7
consumers may purchase wine for future delivery or pickup at the permittee's 8
permitted premises. It also authorizes the holder of the permit to ship malt 9
beverages, unfortified wine, and fortified wine in closed containers to 10
individual purchasers inside and outside the State. The permit may be issued 11
for retail businesses whose primary purpose is selling malt beverages and wine 12
for consumption off the premises and regularly and customarily educating 13
consumers through tastings, classes, and seminars about the selection, serving, 14
and storing of wine. The holder of the permit is authorized to sell unfortified 15
wine for consumption on the premises, provided that that, except as otherwise 16
provided in this subdivision, the sale of wine for consumption on the premises 17
does not exceed forty percent (40%) of the establishment's total sales for any 18
30-day period. The holder of a wine -tasting permit not engaged in the 19
preparation or sale of food on the premises is not subject to Part 6 of Article 8 20
of Chapter 130A of the General Statutes. A holder of a wine shop permit shall 21
also be eligible to hold a malt beverage shop permit under 22
G.S. 18B-1001(16a). If the holder of a wine shop permit also hold s a malt 23
beverage shop permit, then the sales of alcoholic beverages for consumption 24
on the premises may not exceed forty percent (40%) of the establishment 's 25
total sales for any 30-day period. 26
(16a) Malt Beverage Shop Permit. – A malt beverage shop permit authorizes (i) the 27
retail sale of malt beverages, unfortified wine, and fortified wine in the 28
manufacturer's original container for consumption off the premises, (ii) the 29
retail sale of malt beverages dispensed from a tap connected to a pressurized 30
container utilizing carbon dioxide or similar gas in a cleaned and sanitized 31
container that is filled or refilled and sealed for consumption off the premises 32
and that identifies the permittee and the date the container was filled or 33
refilled, and (iii) malt bever age tastings on the premises conducted and 34
supervised by the permittee in accordance with subdivision (18) of this 35
section. It also authorizes the holder of the permit to ship malt beverages, 36
unfortified wine, and fortified wine in closed containers to ind ividual 37
purchasers inside and outside the State. The permit may be issued for retail 38
businesses whose primary purpose is selling malt beverages for consumption 39
off the premises and regularly and customarily educating consumers through 40
tastings, classes, and seminars about the selection, serving, and storing of malt 41
beverages. The holder of the permit is authorized to sell malt beverages for 42
consumption on the premises, provided that that, except as otherwise provided 43
in this subdivision, the sale of malt beverages, combined, for consumption on 44
the premises does not exceed forty percent (40%) of the establishment's total 45
sales for any 30-day period. The holder of a malt beverage tasting permit not 46
engaged in the preparation or sale of food on the premises is not subject to 47
Part 6 of Article 8 of Chapter 130A of the General Statutes. A holder of a malt 48
beverage shop permit shall also be eligible to hold a wine shop permit under 49
G.S. 18B-1001(16). If the holder of a malt beverage shop permit also holds a 50
wine shop permit, then the sales of alcoholic beverages for consumption on 51
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 71
the premises may not exceed forty percent (40%) of the establishment 's total 1
sales for any 30-day period. 2
…." 3
4
CLARIFY SAFE HARBOR FOR LATE ABC PERMIT RENEWALS 5
SECTION 25.(a) G.S. 18B-903 reads as rewritten: 6
"§ 18B-903. Duration of permit; renewal and transfer. 7
(a) Duration. – Once issued, ABC permits shall be valid for the following periods, unless 8
earlier surrendered, suspended or revoked: 9
… 10
(5) All other ABC permits shall be valid for one year, from May 1 to April 30.May 11
31 of the following year, as provided in subsection (b3) of this section. 12
(b) Renewal. – Application for renewal of an ABC permit shall be on a form provided by 13
the Commission. An application for renewal shall be acc ompanied by an application fee. The 14
application fee shall be the same amount as the initial fee set in G.S. 18B-902, except that the 15
renewal application fee for each wine shop permit or malt beverage shop permit shall be five 16
hundred dollars ($500.00), and the renewal application fee for each mixed beverages permit and 17
each guest room cabinet permit shall be one thousand dollars ($1,000). The fee shall be paid by 18
May 1 of each year. A renewal fee shall not be refundable. 19
(b1) Registration. – Each person hol ding a malt beverage, fortified wine, or unfortified 20
wine permit issued pursuant to G.S. 18B-902(d)(1) through G.S. 18B-902(d)(6) shall register by 21
May 1 of each year on a form provided by the Commission, in order to provide information 22
needed by the State in enforcing this Chapter and to support the costs of that enforcement. The 23
registration required by this subsection shall be accompanied by an annual registration and 24
inspection fee of four hundred dollars ($400.00) for each permit held. The fee shall be paid by 25
May 1 of each year. A registration fee shall not be refundable. Failure to pay the annual 26
registration and inspection fee shall result in revocation of the permit. 27
… 28
(b3) Safe Harbor; Late Fees. – Notwithstanding subsection (a) of this section, no permit 29
issued under Article 10 of this Chapter, other than a special occasion permit, limited special 30
occasion permit, special one-time permit, or special auction permit, shall expire or be revoked or 31
cancelled by the Commission shall not revoke a permit for failure to pay a renewal application 32
fee or an annual registration and inspection fee until June 1 of each year. year, and the permittee 33
shall be allowed to operate under the permit until that date. No later than five business days after 34
April 30 of each year, the Commission shall notify permittees who have not paid any required 35
renewal application fees or annual reg istration and inspection fees as of April 30. April 30 by 36
email or first-class mail. The Commission shall charge a late fee of twenty-five percent (25%) of 37
the renewal application fee or registration and inspection fee for a permit for which the renewal 38
application fee or registration and inspection fee is submitted after April 30. 39
…." 40
SECTION 25.(b) G.S. 18B-900(a)(6) reads as rewritten: 41
"(6) Not have had an alcoholic beverage permit revoked within three years, except 42
where the revocation was based solely on a permittee's failure to pay the 43
annual registration and inspection fee required in G.S. 18B-903(b1)." 44
SECTION 25.(c) This section is retroactively effective June 28, 2024. 45
46
MODIFY THE PROHIBITIONS ON ABC PERMITTEES EMPLOYING CERTAIN 47
INDIVIDUALS 48
SECTION 26.(a) G.S. 18B-1003(c) reads as rewritten: 49
"(c) Certain Employees Prohibited. – A permittee shall not knowingly employ in the sale 50
or distribution of alcoholic beverages any person who has been: 51
General Assembly Of North Carolina Session 2025
Page 72 House Bill 921-Second Edition
(1) Convicted of a felony within three years; 1
(2) Convicted of a felony more than three years previously and has not had his 2
the person's citizenship restored; 3
(3) Convicted of an alcoholic beverage offense within two years; or 4
(4) Convicted of a misdemeanor controlled substances offense within two years; 5
(5) A past permit holder under Chapter 18B of the General Statutes whose permit 6
had been revoked within the last 18 months and who had been the permit 7
holder at the location where the person would be employed. 8
For purposes of this subsection, "conviction" has the same meaning as in G.S. 18B-900(b). 9
To avoid undue hardship, the Commission may, in its discretion, exempt persons on a 10
case-by-case basis from this subsection. If the Commission has notified a permittee of a potential 11
violation of this subsection and the permittee claims undue hardship within 30 days of receipt of 12
the notification , the permittee may conti nue to employ the person in question until the final 13
determination of undue hardship." 14
SECTION 26.(b) The ABC Commission shall adopt rules to amend its rules 15
consistent with this section. 16
SECTION 26.(c) This section is effective when it becomes law and applies to 17
individuals employed by ABC permittees and undue hardship proceedings initiated or pending 18
on or after that date. 19
20
ALLOW IN-STAND SALES AT CONCERTS 21
SECTION 27. G.S. 18B-1009 reads as rewritten: 22
"§ 18B-1009. In-stand sales. 23
(a) Nothing in this Chapter shall be construed to prohibit a retail permittee from selling 24
for consumption, malt beverages in the seating areas of stadiums, ballparks, theaters, 25
amphitheaters, and other similar public places with a seating capacity of 3,000 or more during 26
concerts or professional sporting events, provided that: 27
(1) The seating areas are designated as part of the retail permittee's licensed 28
premises; 29
(2) The retail permittee has notified the Commission, in wri ting, of its intent to 30
sell malt beverages in the seating areas at concerts or sporting events; 31
(3) Service of food and nonalcoholic beverages is available in the seating areas; 32
(4) The retail permittee has certified to the Commission that it has trained i ts 33
employees: 34
a. To identify underage persons and intoxicated persons; and 35
b. To refuse to sell malt beverages to those persons as required by 36
G.S. 18B-305; and 37
(5) The employees do not verbally shout or hawk the sale of malt beverages. 38
(b) The North Carolina Alcoholic Beverage Control Commission shall adopt rules for the 39
suspension of alcohol sales in the latter portion of concerts or professional sporting events in 40
order to protect public safety at these events." 41
42
AMEND DEFINITION OF TOURISM ABC ESTABLISHMENT 43
SECTION 28. G.S. 18B-101(14a) reads as rewritten: 44
"(14a) "Tourism ABC establishment" means a restaurant or hotel that is in a county 45
in which the on-premises or off-premises sale of malt beverages or unfortified 46
wine is authorized in at least one city and that meets both either of the 47
following requirements: 48
a. Is located on property, a property line of which is located within 1.5 49
miles 2 miles of the end of an entrance or exit ramp of a junction on a 50
national scenic parkway designed to attract loc al, State, national, and 51
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 73
international tourists between the State line and Milepost 469, 1
provided that the Eastern Band of Cherokee Indians tribal alcoholic 2
beverage control commission established under G.S. 18B-112 shall 3
have exclusive authority to issue permits pursuant to this subdivision 4
between Milepost 460 and the southern terminus of the national scenic 5
byway at Milepost 469 for any restaurant or hotel that is located 6
wholly on Indian Country lands. 7
b. Is located in a county in which the on-premises or off-premises sale of 8
malt beverages or unfortified wine is authorized in at least one city.on 9
property, a property line of which is located within 3 miles of the State 10
line, that is adjacent to a North Carolina scenic byway." 11
12
PREVENT USAGE OF MARKUPS TO SET MINIMUM PRICING FOR SPECIFIC 13
PRODUCTS 14
SECTION 29. G.S. 18B-804, as amended by Section 22(cc) of this act, reads as 15
rewritten: 16
"§ 18B-804. Alcoholic beverage pricing. 17
… 18
(b) Sale Price of Spirituous Liquor. – The sale of spirituous liquor, including antique 19
spirituous liquor, sold at the uniform State price shall consist of the following components: 20
(1) The distiller's or the antique spirituous liquor seller's price. 21
(2) The freight and bailment charges of the State warehouse as determined by the 22
Commission. 23
(3) A markup for local boards as determined by the Commission. 24
(4) The tax levied under G.S. 105-113.80(c), which shall be levied on the sum of 25
subdivisions (1), (2), and (3). 26
(5) An additional markup for local boards equal to three and one -half percent (3 27
½%) of the sum of subdivisions (1), (2), and (3). 28
(6) A charge of one cent (1¢) on each bottle containing 50 milliliters or less and 29
five cents (5¢) on each bottle containing more than 50 milliliters. For any 30
nonbottled product, a charge of on e cent (1¢) on each stock keeping unit 31
containing not more than 50 milliliters and five cents (5¢) on each stock 32
keeping unit containing more than 50 milliliters. 33
(6a) The bailment surcharge. 34
(6b) An additional charge for local boards of one cent (1¢) on e ach bottle 35
containing 50 milliliters or less and five cents (5¢) on each bottle containing 36
more than 50 milliliters. For any nonbottled product, a charge of one cent (1¢) 37
on each stock keeping unit containing not more than 50 milliliters and five 38
cents (5¢) on each stock keeping unit containing more than 50 milliliters. 39
(7) A rounding adjustment, the formula of which may be determined by the 40
Commission, so that the sale price will be divisible by five. 41
(8) If the spirituous liquor is sold to a mixed beverag e permittee or mobile bar 42
services permittee for resale in mixed beverages, a charge of twenty dollars 43
($20.00) on each four liters and a proportional sum on lesser quantities. 44
(9) If the spirituous liquor is sold to a guest room cabinet permittee for res ale, a 45
charge of twenty dollars ($20.00) on each four liters and a proportional sum 46
on lesser quantities. 47
… 48
(b2) Uniform Markups, Charges, and Adjustments. – All charges, surcharges, markups, 49
and adjustments determined by the Commission pursuant to subsect ion (b) of this section shall 50
be uniform and applicable to all spirituous liquor approved for sale in the State. The Commission 51
General Assembly Of North Carolina Session 2025
Page 74 House Bill 921-Second Edition
shall not apply charges, surcharges, markups, or adjustments based on the type or amount of 1
spirituous liquor in order to establish a minimum price for a product or class of products. 2
…." 3
4
REVISE LAW GOVERNING GAME NIGHTS 5
SECTION 30.(a) G.S. 14-309.28 reads as rewritten: 6
"§ 14-309.28. Limits on game night events. 7
The following limitations apply to game night events: 8
(1) The number of game night events conducted or sponsored by an exempt 9
organization shall be limited to four 24 events per year. 10
… 11
(5) A qualified facility authorized to host a game night under this Part shall not 12
host more than two 24 game nights in any calendar month.year." 13
SECTION 30.(b) This section becomes effective October 1, 2026, and applies to 14
game nights conducted on or after that date. 15
16
REVISE LAW GOVERNING RAFFLES 17
SECTION 31.(a) G.S. 14-309.15 reads as rewritten: 18
"§ 14-309.15. Raffles. 19
(a) It is lawful for any nonprofit organization, candidate, political committee, or any 20
government entity within the State, to conduct raffles in accordance with this section. Each 21
regional or county chapter of a nonprofit organization is eligible to conduct raffles in accordance 22
with this section independently of its parent organization. Any person who conducts a raffle in 23
violation of any provision of this section is guilty of a Class 2 misdemeanor. Upon conviction 24
that person shall not conduct a raffle for a period of one year. It is lawful to participate in a raffle 25
conducted pursuant to this section. It is not a violation of State law to advertise a raffle conducted 26
in accordance with this section. A raffle conducted pursuant to this section is not "gamblin g." 27
For the purpose of this section, "candidate" and "political committee" have the meaning provided 28
by Article 22A of Chapter 163 of the General Statutes, who have filed organization reports under 29
that Article, and who are in good standing with the appropriat e board of elections. Receipts and 30
expenditures of a raffle by a candidate or political committee shall be reported in accordance 31
with Article 22A of Chapter 163 of the General Statutes, and ticket purchases are contributions 32
within the meaning of that Article. 33
(b) For purposes of this section "raffle" means a The following definitions apply in this 34
section: 35
(1) 50/50 raffle. – A raffle conducted by a nonprofit organization or any 36
government entity within the State whereby funds collected by sale of raffle 37
tickets are split evenly between the prize winner or winners and the nonprofit 38
organization or government entity after the raffle drawing. 39
(2) Candidate. – As defined in Article 22A of Chapter 163 of the General Statutes. 40
This term only includes candidates who have filed organization reports under 41
that Article and who are in good standing with the appropriate board of 42
elections. 43
(3) Net proceeds of a raffle. – The receipts less the cost of prizes awarded. 44
(4) Political committee. – As defined in Article 22A of Chapter 163 of the General 45
Statutes. This term only includes political committees that have filed 46
organization reports under that Article and that are in good standing with the 47
appropriate board of elections. 48
(5) Raffle. – A game in which the prize is won by random drawing of the name 49
or number of one or more persons purchasing chances. 50
(c) A nonprofit organization may hold no more than five raffles per year. 51
General Assembly Of North Carolina Session 2025
House Bill 921-Second Edition Page 75
(d) Except as provided in subsection (g) of this section, the maximum cash prize that may 1
be offered or paid for any one raffle is one hundred twenty-five thousand dollars ($125,000) and 2
if merchandise is used as a prize, and it is not redeemable for cash, the maximum fair market 3
value of that prize may be one hundred twenty -five thousand dollars ($125,000). The total cash 4
prizes offered or paid by any nonprofit organization shall not exceed two hundred fifty thousand 5
dollars ($250,000) in any calendar year. The total fair market value of all prizes offered by any 6
nonprofit organization, either in cash or in merchandise that is not redeemable for cash, shall not 7
exceed two hundred fifty thousand dollars ($250,000) in any calendar year. 8
(e) Raffles shall not be conducted in conjunction with bingo. 9
(f) As used in this subsection, "net proceeds of a raff le" means the receipts less the cost 10
of prizes awarded. No less than ninety percent (90%) of the net proceeds of a raffle shall be used 11
by the nonprofit organization for charitable, religious, educational, civic, or other nonprofit 12
purposes. None of the ne t proceeds of the raffle shall be used to pay any person to conduct the 13
raffle, or to rent a building where the tickets are received or sold or the drawing is conducted. 14
(g) Real property may be offered as a prize in a raffle. Any nonprofit organization 15
offering real property as a prize in a raffle shall provide the property free from all liens, provide 16
an owner affidavit and indemnity agreement, and provide a title commitment for the property 17
and shall make that commitment available for inspection upon request. The total appraised value 18
of all real estate prizes offered by any nonprofit organization shall not exceed two million two 19
hundred fifty thousand dollars ($2,250,000) in any calendar year. 20
(h) Notwithstanding any other subsection of this section, it is lawful for a federally 21
insured depository institution to conduct a savings promotion raffle under G.S. 53C-6-20, 22
54-109.64, 54B-140, or 54C-180. 23
(i) The restrictions set forth in subsections (c) through (g) of this section do not apply to 24
50/50 raffles conducted by nonprofit organizations or government entities within the State." 25
SECTION 31.(b) This section becomes effective August 1, 2026, and applies to 26
offenses committed on or after that date. 27
28
SEVERABILITY CLAUSE AND EFFECTIVE DATE 29
SECTION 32.(a) If any provision of this act or the application thereof to any person 30
or circumstances is held invalid, such invalidity shall not affect other provisions or applications 31
of this act that can be given effect without the invalid provision or application and, to this end, 32
the provisions of this act are declared to be severable. 33
SECTION 32.(b) Except as otherwise provided, this act is effective when it becomes 34
law. 35