GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2009-381
HOUSE BILL 1228
AN ACT TO CLARIFY THE AUTHORITY OF THE ABC COMMISSION TO ADOPT RULES CONCERNING PRIVATE CLUBS.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 18B‑1008 reads as rewritten:
The Commission is authorized to use broad discretion in
further defining the kinds of places eligible for permits under this Article.
The rules may state the kind and amount of food that shall be sold to qualify
in each category, the relationship between food sales and other receipts, the
size of the establishment required for each category, the kinds of facilities
needed to qualify, the kinds of activities at which alcoholic beverages may not
be sold, and any other matters which are necessary to determine which
businesses are bona fide establishments of the kinds listed in G.S. 18B‑1000.
Rules concerning private clubs may also
include, but need not be limited to,
include requirements that the club have a membership committee to
review all applications for membership, that the club charge membership dues
substantially greater than what would be paid by a one‑time or casual
user, that the club restrict use by nonmembers, and that the club
provide facilities or activities other than those directly related to the use
of alcoholic beverages. beverages, and that the club have a waiting
period for membership. A waiting period required by the Commission shall not
exceed 30 days."
SECTION 2. The Alcoholic Beverage Control Commission shall examine on a continuing basis the record of violations and noncompliance with Commission rules for ABC establishments operating as private clubs, and shall report its findings to the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee. The report shall be submitted prior to the convening of the 2011 Regular Session of the General Assembly, and shall include the period from July 1, 2009, through December 31, 2010.
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 21st day of July, 2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Approved 12:10 p.m. this 31st day of July, 2009