Bill Text: NC H95 | 2015-2016 | Regular Session | Amended
Bill Title: Tribal Alcoholic Beverage Control
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2016-06-09 - Re-ref to Health Care. If fav, re-ref to Education/Higher Education [H95 Detail]
Download: North_Carolina-2015-H95-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 2
HOUSE BILL 95
Committee Substitute Favorable 4/1/15
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Short Title: Tribal Alcoholic Beverage Control. |
(Public) |
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Sponsors: |
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Referred to: |
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February 23, 2015
A BILL TO BE ENTITLED
AN ACT to authorize the eastern band of cherokee indians tribal alcoholic beverage control commission to issue wine shipper permits and commercial abc permits and to clarify that the eastern band of cherokee indians tribal alcoholic beverage control commission maintains exclusive authority to issue certain permits.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 18B‑112 reads as rewritten:
"§ 18B‑112. Tribal alcoholic beverage control.
…
(b) Compliance Required. – The Eastern Band of Cherokee Indians shall comply with the following provisions of this Chapter to the extent they apply to or can be made applicable to the tribe:
(1) The following provisions of Article 1. – General Provisions.
a. G.S. 18B‑101(4), (7), (7c), (9), (10), (11), (12), (12a), (13), (14)(14a), (14b), and (15).
b. G.S. 18B‑102.1.
c. G.S. 18B‑104.
d. G.S. 18B‑105, except that this section shall not apply to any establishment where gaming is permitted under a State compact and pursuant to federal law.
e. G.S. 18B‑109(b).
f. G.S. 18B‑110.
g. G.S. 18B‑111.
h. G.S. 18B‑112.
(2) Article 1A. – Compensation for Injury Caused by Sales to Underage Persons, to the extent it applies to retail establishments or the tribal alcoholic beverage control commission if it operates ABC stores, or any other permitted establishment, at retail pursuant to the provisions of this section.
(3) Article 3. – Sale, Possession, and Consumption, except for G.S. 18B‑308 and G.S. 18B‑309.
(4) Article 4. – Transportation.
(5) Article 5. – Enforcement, except for G.S. 18B‑500 and G.S. 18B‑501.
(6) Article 6. – Elections, compliance with only G.S. 18B‑603(f) and (g) are required.
(7) Article 9. – Issuance of Permits, except for G.S. 18B‑902(g) and (h) and G.S. 18B‑906.
(7)(8) Article 10. – Retail Activity,
except for G.S. 18B‑1001.1, 18B‑1001.2, and 18B‑1001.3.Activity.
(9) Article 11. – Commercial Activity, as clarified by the following:
a. The tribal alcoholic beverage control commission may issue commercial activity permits to any qualifying applicant that establishes a commercial business wholly on Indian Country lands and shall have sole enforcement authority over any permittee receiving a permit from the tribal alcoholic beverage control commission only to the extent the regulated conduct occurs on Indian Country lands.
b. The Eastern Band of Cherokee Indians shall recognize any permit issued by the North Carolina Alcoholic Beverage Control Commission allowing commercial activity in the same manner as if such permit was issued by the tribal alcoholic beverage control commission. The North Carolina Alcoholic Beverage Control Commission shall recognize any commercial activity permit issued by the tribal alcoholic beverage commission in the same manner as if the permit were issued by the North Carolina Alcoholic Beverage Control Commission.
c. The North Carolina Alcoholic Beverage Control Commission shall retain exclusive enforcement authority over all permits it issues to commercial activity permittees for violations of its rules or this Chapter.
Any provision of Articles 12 and 13 of this Chapter which has not been made applicable to the Eastern Band of Cherokee Indians by this section shall act as a bar to engaging in any activity authorized by that Article or section.
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(d) Establishment of a Tribal Commission. – In
accordance with the provisions of 18 U.S.C. § 1161, the Eastern Band of
Cherokee Indians is authorized to establish a tribal alcoholic beverage control
commission to regulate the purchase, possession, consumption, sale, and delivery
of alcoholic beverages at retail on any land designated as Indian
Country pursuant to 18 U.S.C. § 1151 under the jurisdiction of the Eastern Band
of Cherokee Indians. The tribal commission shall have exclusive authority to
issue retailABC permits to retail and commercial establishments
located wholly on Indian Country lands under the jurisdiction of the Eastern
Band of Cherokee Indians and to regulate the purchase, possession, consumption,
sale, and delivery of alcoholic beverages at retailpermitted outlets
and premises. Permits issued by the tribal commission pursuant to this section
shall be deemed issued by the State for the purposes of sales and delivery of
beer and wine by wholesalers to the retail outlets located on Indian Country
lands. The fees generated by the tribal alcoholic beverage control commission
for the issuance of retail permits may be retained by the Eastern Band of
Cherokee Indians to offset costs of operating the tribal alcoholic beverage
control commission.
…."
SECTION 2. G.S. 18B‑101(14a) reads as rewritten:
"(14a) "Tourism ABC establishment" means a restaurant or hotel that meets both of the following requirements:
a. Is located on property, a property line of which is
located within 1.5 miles of the end of an entrance or exit ramp of a junction
on a national scenic parkway designed to attract local, State, national, and
international tourists between the State line and Milepost 460.469,
provided that the Eastern Band of Cherokee Indians tribal alcoholic beverage
control commission established under G.S. 18B‑112 shall have exclusive
authority to issue permits pursuant to this subdivision between Milepost 460
and the southern terminus of the national scenic byway at Milepost 469 for any
restaurant or hotel that is located wholly on Indian Country lands.
b. Is located in a county in which the on‑premises or off‑premises sale of malt beverages or unfortified wine is authorized in at least one city."
SECTION 3. This act is effective when it becomes law.
