NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION
CHAPTER 683
HOUSE BILL 986
AN ACT TO ALLOW THE SALE OF WINE IN THE SAME PLACES THAT ARE ELIGIBLE TO SERVE MIXED BEVERAGES AND TO MAKE TECHNICAL AND CLARIFYING CHANGES IN THE ABC STATUTES.
The General Assembly of North Carolina enacts:
Section 1. G.S. 18A-2(4) is amended in line 2 by inserting between the words "gin," and "beer" the words "mixed beverages,".
Sec. 2. G.S. 18A-8 is amended by rewriting subsection (b) to read as follows:
"(b) Whenever a sale of malt beverages or unfortified wine is made to a person under the age of 18 years, or a sale of alcoholic beverage or mixed beverage is made to a person under the age of 21 years, it shall be prima facie evidence that the person making the sale had knowledge that the purchaser was under the required age for purchase. Such prima facie evidence may be rebutted by showing that the purchaser produced for inspection a driver's license, or military identification card showing the age of the purchaser to be at least the age required for that purchase, and that the description of the physical appearance of the person on the identification card reasonably described the purchaser. In the absence of such identification, the prima facie evidence of knowledge of age may be rebutted by the vendor by other evidence which reasonably indicated at the time of sale that the purchaser was at least the age required for the purchase."
Sec. 3. G.S. 18A-31(a) is amended by rewriting subdivision (8) to read as follows:
"(8) The Board shall not arbitrarily refuse to issue a permit to a person, firm or corporation who complies with the provisions of this Chapter and the regulations adopted pursuant to this Chapter."
Sec. 4. G.S. 18A-31.1 is amended by adding the following new subsection (c) to the end of that section:
"(c) A restaurant with a mixed beverages permit may not at the same time hold a permit under this section, but any restaurant with a mixed beverages permit may use for culinary purposes any alcoholic beverage it has purchased for resale in mixed beverages."
Sec. 5. G.S. 18A-38(e)(1) is amended by adding the following new sentence between the first and second sentences of that subdivision:
"Notwithstanding any other provision of this Chapter, or any local or special act or local election to the contrary, permits for the on-premises retail sale of unfortified wine may also be issued to restaurants, hotels and social establishments holding mixed beverage permits."
Sec. 6. G.S. 18A-38(f) is amended by adding the following new sentence between the first and second sentences of that subsection:
"Notwithstanding any other provision of this Chapter, or any local or special act or local election to the contrary, permits for the on-premises retail sale of fortified wine may also be issued to restaurants, hotels and social establishments holding mixed beverage permits."
Sec. 7. G.S. 105-113.78(1) is amended by adding the following new sentence between the first and second sentences of that subdivision:
"Licenses for the on-premises retail sale of unfortified wine may also be issued to restaurants, hotels and social establishments holding mixed beverage permits."
Sec. 8. G.S. 105-113.85 is amended by adding the following new sentence between the first and second sentences of that section:
"It shall also be legal to sell fortified wine for consumption on the premises of restaurants, hotels and social establishments holding mixed beverage permits."
Sec. 9. G.S. 18A-57 is amended by adding the following new subsection (c) to the end of that section:
"(c) Notwithstanding subsections (a) and (b) of this section, the on-premises retail sale of fortified and unfortified wine is permitted under G.S. 18A-38 in restaurants, hotels and social establishments holding mixed beverage permits."
Sec. 10. G.S. 18A-31.1(a) is amended by deleting from the first sentence of that subsection the words "holding a Grade A rating from the Department of Human Resources,".
Sec. 11. G.S. 18A-38(e)(1) is amended by deleting from the first sentence of that subdivision the words "which have a Grade A rating from the Department of Human Resources,".
Sec. 12. G.S. 18A-38(f) is amended by deleting from the first sentence of that subsection the words "that have a Grade A rating from the Department of Human Resources," and by deleting the last sentence of that subsection.
Sec. 13. G.S. 18A-52(j) is amended by deleting "Grade A" in ballot proposition (1) for unfortified wine elections.
Sec. 14. G.S. 105-113.78(1) is amended by deleting from the first sentence of that subsection the words "which shall have a Grade A rating from the Commission for Health Services,".
Sec. 15. G.S. 105-113.85 is amended by deleting from the first sentence of that section the words "that have a Grade A rating from the Department of Human Resources,".
Sec. 16. This act is effective upon ratification.
In the General Assembly read three times and ratified, this the 29th day of May, 1979.