Bill Summary for H 921 (2025-2026)
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View NCGA Bill Details | 2025-2026 Session |
AN ACT TO MAKE VARIOUS CHANGES TO THE ALCOHOL LAWS OF THIS STATE, TO REVISE THE LAW GOVERNING GAME NIGHTS, AND TO REMOVE THE LIMITATIONS ON RAFFLES FOR 50/50 RAFFLES CONDUCTED BY NONPROFIT ORGANIZATIONS OR GOVERNMENT ENTITIES.Intro. by Pickett, Pyrtle, Cairns.
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Bill summary
Section 1
Amends GS 18B-200 to allow ABC stores to comply with the requirement to display spirits distilled or produced in NC in an area dedicated solely to NC products by identifying the product as a NC product by a price or shelf tag.
Section 2
Amends GS 18B-1001(12a), which provides for mobile bar services permits and requires such permittees to purchase spirituous liquor from a mixed beverage ABC store operating in the same county where the permittee's principal place of business is operated. Specifies that the requirement only applies if the permittee serves spirituous liquor.
Section 3
Repeals GS 18B-1116(a)(4), which prohibits manufacturers, bottlers, and wholesalers of alcoholic beverages from providing draft line cleaning services to alcoholic beverage retailers unless the retailer pays fair market value for the services.
Section 4
Amends GS 18B-404 to allow mixed beverage permittees to purchase spirituous liquor from any mixed beverage ABC store in the State rather than only those designated as mixed beverage ABC stores by the local board operating in the same county as the permittee. Makes technical changes.
Section 5
Amends GS 153A-145.7 to allow a county to adopt an ordinance permitting Sunday operation of ABC stores if the local ABC board petitions the board of county commissioners to do so. Enacts the same procedure and authority for cities by amending GS 160A-205.3, and for the Eastern Band of Cherokee Indians and Catawba Indian Nation by creating new subsection (b2) in GS 18B-112. Makes conforming changes to include the possibility of Sunday sales at ABC stores in GS 18B-802 and GS 18B-1004(c). Amends GS 18B-802 to prohibit opening the store or selling alcoholic beverages before 10:00 am on a Sunday where Sunday sales are authorized by local appointing authorizes, or noon where Sunday sales are authorized by either tribal nation.
Section 6
Enacts Article 14, GS Chapter 18B, Premixed Cocktail Franchise Law. Details the Article's purpose and defined terms. Defines the nature of a franchise agreement between a wholesaler or supplier whereby a wholesaler is granted the right to offer and sell the brands of premixed cocktails offered by the supplier, or a supplier grants to a wholesaler a license to use a trade name, trademark, service mark, or related characteristic and in which there is a community of interest in the marking of products of the supplier by lease or otherwise. Lists four situations that create a franchise agreement, including (1) when the supplier has shipped malt premixed cocktails to a wholesaler or accepted an order for premixed cocktails from the wholesaler, or (2) when a wholesaler has paid or the supplier has accepted payment for an order of premixed cocktails intended for sale within the State. Makes it unlawful for a supplier to provide premixed cocktails to a wholesaler unless the supplier has notified the ABC Commission (Commission) of the brands the wholesaler is authorized to sell and the territory for the sales. Details limitations and requirements of distribution agreements and exceptions thereunder. Prohibits discrimination in distribution to retail permittees except, at the direction of retail permit holder, retail permit holder private label brands, as defined. Bars establishing or maintaining a resell price of any brand of premixed cocktails by a wholesaler through a franchise agreement. Enumerates ten prohibited actions of suppliers and their agents, including (1) terminating, canceling, or not renewing, or an attempt to do the same, a franchise agreement on the basis that the wholesaler fails to agree or consent to an amendment to the agreement; and (2) refusing to approve or require a wholesaler to terminate a brand manager or successor manager without good cause, limited as described. Establishes criteria for terminating a franchise agreement based on good cause, subject to specified periods for the supplier to give notice and an opportunity for the wholesaler to take corrective action. Lists six circumstances where termination is permitted without advanced notice. Details seven actions or circumstances that do not constitute good cause, including the desire of a supplier to consolidate its franchises. Establishes a right of action for a wholesaler whose franchise agreement is altered, terminated, or not renewed in violation of the Article, and provides for available relief. Provides rights, procedures, and available damages for transfers or mergers of interests in a wholesaler's business. Incorporates the Article's provisions into all franchise agreements and prohibits altering its provisions or waiving or superseding a wholesaler's rights thereunder. Authorizes the Commission to require participation in mediation for disputes arising under the Article and details the mediation procedures and requirements.
Enacts GS 18B-1109.1, setting forth authorities of a spirituous liquor wholesaler permit holder with regard to premixed cocktails. Enacts GS 18B-1113.2, setting forth authorities of a nonresident premixed cocktail vendor permit holder with regard to premixed cocktails.
Adds to the authorities of a liquor importer/bottler permit under GS 18B-1105.1 to include receiving premixed cocktails in closed containers into the State for storage, sale, shipment, and transshipment to premixed cocktail wholesalers for purposes of resale.
Amends GS 18B-1100 and GS 18B-902, authorizing the Commission to issue premixed cocktail wholesaler permits and nonresident premixed cocktail vendor permits and setting their application fees at $300 and $100, respectively.
Amends GS 18B-804 to make the uniform State retail price set in subsection (a) applicable to the price of premixed cocktails sold by a mixed beverages permittee if the premixed cocktails were purchased from a premixed cocktail wholesaler permit holder.
Adds to the authorized acts of the holder of a salesman permit under GS 18B-1111 to include selling and transporting premixed cocktails for a premixed cocktail wholesaler.
Amends GS 18B-1115, exempting premixed cocktails from the provisions of subsections (b) and (e) pertaining to the transportation of spirituous liquor. Makes technical and clarifying changes.
Amends GS 18B-1110.1 to authorize the holder of a packaging and logistics permit to deliver and ship premixed cocktails in closed containers to licensed suppliers and wholesalers.
Expands GS 18B-105(c) to authorize premixed cocktail wholesalers to give, furnish, rent, loan, or sell retailer advertising specialty items and product displays to retail permittees, subject to existing limitations for beer and wine wholesalers.
Amends GS 18B-112(f) to exempt premixed cocktails sold to mixed beverages permittees by premixed cocktail wholesaler permittees from the purchasing restrictions set forth for purchases by a tribal alcoholic beverage control commission.
Amends GS 18B-204 to specify that the statute does not prohibit the receipt, storage, and distribution of premixed cocktails pursuant to specified Articles of the Chapter.
Amends GS 18B-404 to authorize a mixed beverage permittee to purchase premixed cocktails from a premixed cocktail wholesaler permittee.
Amends GS 18B-603 to authorize sports clubs holding mixed beverage permits to purchase their premixed cocktails from premixed cocktail wholesaler permittees.
Makes conforming changes to GS 18B-900 relating to residency requirements for nonresident premixed cocktail vendor permit applicants.
Makes conforming changes to GS 105-113.68(a)(13) to include premixed cocktail wholesaler permittees in the definition of wholesaler.
Amends GS 105-113.79, authorizing cities to require and charge an annual tax for premixed cocktail wholesaler licensees for business in the city.
Amends GS 105-113.80, establishing a 30% excise tax on premixed cocktails. Specifies that the price taxes is that calculated pursuant to GS 18B-804(b). Amends GS 105-113.81, making the tax exemption for product rendered unsalable by a major disaster applicable to premixed cocktails. Makes conforming changes. Amends GS 105-113.83 to detail payment and filing requirements for wholesalers and importers.
Amends GS 105-113.83A to require premixed cocktail wholesaler permittees and nonresident premixed cocktail vendor permittees to register with the Secretary of Revenue.
Applies to premixed cocktails sold on or after October 1, 2025.
Section 7
Amends GS 18B-101 to include manufactured and packaged whipped cream containing at least 0.5% alcohol by volume in the definition of alcohol consumable. Applies to offenses committed on or after December 1, 2025.
Section 8
Amends GS 18B-800 to require the local board conducting a lottery or other random drawing to sell apportioned products, as defined, to customers of an ABC store to give 30 days' written notice to mixed beverage permittees. Permits electronic notice. Applies to lotteries or other random drawings to sell apportioned products on or after July 1, 2025.
Section 9
Enacts GS 18B-1005(c) establishing conditions that ABC permit holders can satisfy to offer temporary pricing adjustments on alcoholic beverages sold by the establishment, such as offering the pricing within a specified and limited duration on a single business day. Applies establishments holding an on-premises malt beverage permit, on-premises unfortified wine permit, on-premises fortified wine permit, and/or mixed beverages permit. Applies to alcoholic beverages sold on or after October 1, 2025.
Section 10
Amends GS 18B-300.1(f) to allow a permittee business that is not permitted to sell mixed beverages to allow a customer to possess and consume on the business's premises mixed beverages purchased from a mixed beverages permittee in the social district.
Section 11
Amends GS 18B-1002 to clarify that nonprofit organizations holding ticketed events for fund-raising on specified permitted premises are not required to obtain a one-time permit if the wine, malt beverages, and spirituous liquor sold at the event are sold by a retail permittee from the retail permittee's inventory.
Section 12
Amends GS 18B-905 to provide for an applicant for an ABC permit under GS 18B- 1001 or GS 18B-1100 to submit a sworn affidavit with their application stating they have applied to the local government for the Inspection/Zoning Compliance and Local Government Opinion approvals required for the application, in lieu of those approvals. Requires the person to send the approvals or denials to the Commission within three business days of receipt. Applies to applications received on or after October 1, 2025.
Section 13
Amends GS 18B-1010, eliminating the restrictions for selling and delivering alcoholic beverages to a single patron based on type of alcoholic beverage. Instead, enacts a general restriction to limit holders of an on-premises malt beverage permit, on-premises unfortified wine permit, on-premises fortified wine permit, or mixed beverages permit from selling and delivering more than two alcoholic beverage drinks at one time to a single patron. Applies to alcoholic beverages sold on or after October 1, 2025.
Section 14
No longer allows possession and consumption of up to eight liters of fortified wine or spirituous liquor, or the two combined, without an ABC permit at properties not primarily used for commercial purposes and not open to the public at a time of possession with consent of the property owner for the possession and consumption. Applies to fortified wine and spirituous liquor possessed and consumed on or after October 1, 2025.
Section 15
Amends GS 14-309.28 to increase the annual limit on game nights for those conducted or sponsored by an exempt organization from four to 24, and for those hosted by a qualified facility from two to 24. Applies to game nights conducted on or after October 1, 2025.
Section 16
Amends GS 14-309.15, governing raffles, to exempt 50/50 raffles from the restrictions for raffles set forth in subsections (c) through (g) of the section, which provide for annual caps on the number of raffles, maximum prize amounts, a prohibition against raffles conducted in conjunction with bingo, requirements for raffle proceeds, and limitations on offering real property prizes. Defines "50/50" raffle as a raffle conducted by a nonprofit organization or any government entity within the State whereby funds collected by the sale of raffle tickets are split evenly between the prize winner(s) and the organization or entity after the raffle drawing. Applies to offenses committed before or after December 1, 2025.
Section 17
Includes a severability clause.