NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 286

HOUSE BILL 284

 

 

AN ACT TO AMEND VARIOUS PROVISIONS OF CHAPTER 18A, REGULATION OF INTOXICATING LIQUORS, TO FACILITATE THE ADMINISTRATION OF THE STATE LIQUOR LAWS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 18A-28(a) is hereby amended by deleting from line 3 thereof the following: "in containers not smaller than 750 milliliters".

Sec. 2.  G.S. 18A-29(b)(1) is hereby rewritten to read as follows:

"(1)      Statement as to Bond and Bill of Lading Required. There shall accompany said spirituous liquors a true and exact copy of the numbered fleet permit issued to the authorized carrier and signed by the Chairman of the State Board of Alcoholic Beverage Control. Said permit and copies shall verify that the bond hereinbefore required has been furnished and approved and is current for the ensuing year. Each permit copy shall bear the fleet carrier's certificate that it is a true and exact copy of the original permit issued by the board. There shall accompany said spirituous liquors, at all times during transportation, a bill of lading or other memorandum of shipment signed by the consignor showing an exact description and the North Carolina code numbers of the spirituous liquors being transported and the name and address of the consignee. Each carrier applying for a fleet permit and transporting spirituous liquors into, out of, or between points in this State over the public highways of this State, shall keep current files of their routes over which they are authorized to transport the same, and shall not unreasonably deviate from said routes."

Sec. 3.  G.S. 18A-33(b) is hereby amended by deleting from line 9 thereof the term "and (4)." and by substituting in lieu thereof the following: ", (4) and (7)."

Sec. 4.  G.S. 18A-39(a)(8) is hereby amended by deleting from the second line thereof the words "or other crime involving moral turpitude", by changing the period in line 7, following the word "federal", to a semicolon and by inserting, following the semicolon, the following: "that he has not been convicted of or entered a plea of guilty or nolo contendere to a misdemeanor drug law violation."

Sec. 5.  G.S. 18A-41(a) is hereby amended by deleting the first two sentences of the second paragraph thereof which read as follows:

"Malt beverages and wine (fortified and unfortified) may be transported into, out of, or between points in this State over the public highways of this State by motor vehicles upon condition that every person intending to make such use of the highways of this State shall as a prerequisite thereto register such intention with the State Board of Alcoholic Control in advance of such transportation, with notice of the kind and character of such products to be transported and the license and motor number of each motor vehicle intended to be used in such transportation. Upon the filing of such information, together with an agreement to comply with the provisions of this Chapter, the State Board of Alcoholic Control shall without charge therefor issue a numbered permit to each such owner or operator for each motor vehicle intended to be used for such transportation, which numbered permit shall be prominently displayed on the motor vehicle used in transporting malt beverages or wine (fortified or unfortified).",

and by inserting in lieu thereof the following:

"Malt beverages and wine (both fortified and unfortified) may be transported into, out of, or between points in this State over the public highways of this State by authorized motor vehicle carriers upon condition that every carrier intending to make use of the highways of this State shall, as a prerequisite thereto, register such intention with the State Board of Alcoholic Control in advance of such transportation, with notice of the kind and character of such products to be transported and its authorization from the appropriate regulatory authority. Upon the filing of such information, together with an agreement to comply with the provisions of this Chapter, the State Board of Alcoholic Control shall, without charge therefor, issue a numbered fleet permit to each such carrier, an exact copy of which shall be carried in the motor vehicle used in such transportation. Each permit copy shall bear the fleet carrier's certificate that it is a true and exact copy of the original permit issued by the Board."

Sec. 6.  G.S. 105-113.93 is hereby amended at the last line of the first paragraph thereof (at line 5) by changing the period following the word "stores" to a comma and adding the following: "but not including spirituous liquors sold in mixed beverages as defined in G.S. 18A-2(6)."

Sec. 7.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 4th day of April, 1979.