North Carolina 2019-2020 Session Status: Enacted 1 R cosponsors

SB 11 — ABC Regulation and Reform.

Last action — Signed by Gov. 6/26/2019

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 31, 2019. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    0 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

21 added · 22 removed

Plain-language change summary

The updated version of Senate Bill 11 introduces a tiered fine structure for permit violations related to alcohol laws. Specifically, it increases the penalties for businesses that violate laws involving violence, controlled substances, or prostitution. For example, a third violation involving such serious offenses will now incur a fine of up to $1,250, compared to the previous maximum of $1,000 for general violations. This change is significant because it aims to deter more serious offenses that can impact community safety.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 2 SENATE BILL 11 Judiciary Committee Substitute Adopted 2/13/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 1 SENATE BILL 11 Short Title:
Senators Wells (Primary Sponsor);
J.
Davis and Sanderson.
February 4, 2019 A BILL TO BE ENTITLED AN ACT TO STRENGTHEN THE PERMITTING ENFORCEMENT AUTHORITY OF THE ABC COMMISSION AND TO MAKE OTHER CHANGES TO THE ABC LAWS.
Rules and Operations of the Senate February 4, 2019 A BILL TO BE ENTITLED AN ACT TO STRENGTHEN THE PERMITTING ENFORCEMENT AUTHORITY OF THE ABC COMMISSION AND TO MAKE OTHER CHANGES TO THE ABC LAWS.
(3) Fine the permittee up to five hundred dollars ($500.00) for the first violation, up to seven hundred fifty dollars ($750.00) for the second violation, violation within three years, and up to one thousand dollars ($1,000) for the third violation;
(3) Fine the permittee up to five hundred dollars ($500.00) for the first violation, up to seven hundred fifty dollars ($750.00) for the second violation,violation within three years, and up to one thousand dollars ($1,000) for the third violation;
*S11-v-2* General Assembly Of North Carolina Session 2019 The Commission may also impose conditions on the operating hours of the business as part of a compromise pursuant to this subsection.
*S11-v-1* General Assembly Of North Carolina Session 2019 The Commission may also impose conditions on the operating hours of the business as part of a compromise pursuant to this subsection.
Page 2 Senate Bill 11-Second Edition General Assembly Of North Carolina Session 2019 (5) Whether the establishment is located within 50 feet of a church, public school, or anynonpublic school as defined byPart 1 or Part 2 of Article 39 of Chapter 115C of the General Statutes.
Page 2 Senate Bill 11-First Edition General Assembly Of North Carolina Session 2019 (5) Whether the establishment is located within 50 feet of a church, public school, or anynonpublic school as defined byPart 1 or Part 2 of Article 39 of Chapter 115C of the General Statutes.
If a hearing is requested, after compliance with the provisions of commence a contested case under Chapter 150B of the General Statutes, the Commission shall issue an order to affirm, reverse, or modify its previous action.Statutes for the reversal or modification of the Commission's order.
If a hearing is requested, after compliance with the provisions ofcommence a contested case under Chapter 150B of the General Statutes, the Commission shall issue an order to affirm, reverse, or modify its previous action.Statutes for the reversal or modification of the Commission's order.
80-11.1(b)(2) or (3), at a single ABC-licensed premises within a 12-month period.
80-11.1(b)(2) or (3), at a single ABC-licensed premises within a 12-month period.period, the Commission may commence a contested case under Chapter 150B of the General Statutes for the revocation of a permit issued by it.
period, the Commission may commence acontestedcaseunderChapter150BoftheGeneral Statutesfortherevocation of a permit issued by it.
The permittee and the owner of the property have the Senate Bill 11-First Edition Page 3 General Assembly Of North Carolina Session 2019 responsibility to monitor the conduct on the licensed premises pursuant to G.S.
The permittee and the owner of the property have the Senate Bill 11-Second Edition Page 3 General Assembly Of North Carolina Session 2019 responsibility to monitor the conduct on the licensed premises pursuant to G.S.
Alcohol LawEnforcement agents orlocal ABC Boardofficers provide advance notice to have consulted with the Commission Legal Division staff of regarding the ongoing undercover operation.operation and the sufficiency of the evidence gathered at the time of the consultation.
Alcohol Law Enforcement agents oragents, local ABC Board officersofficers, or local law enforcement agencies provide advance notice to the Commission Legal Division staff of the ongoing undercover operation.
Upon execution of the search warrant resulting from the undercover operation, five or more persons are criminally charged with violations of the gambling, assault, disorderly conduct, prostitution, controlled substance, or felony criminal counterfeit trademark laws.
Upon execution of the search warrant resulting from the undercover operation, five or more persons are criminally charged with violations of the gambling, disorderly conduct, prostitution, controlled substance, or felony criminal counterfeit trademark laws.
Upon entry of a summary order under this subdivision, the Commission shall promptly notify the permittee that the order has been entered and of the reasons therefore.
Upon entry of a summary order under this subdivision, the Commission shall promptlynotifyall interested parties that the order has been entered and of the reasons therefore.
§ 501(c), and that has been in operation for aminimum of12months priorto application for anABC permit.
§ 501(c), and that has been in operation for aminimum of12months priorto application for an ABC permit.
– An on-premises malt beverage permit authorizes (i) the retail sale of malt beverages for consumption on the premises, (ii) the retail sale of malt beverages in the manufacturer's original container for consumption off the premises, and (iii) the retail sale of malt beverages in a cleaned and sanitized container that is filled or refilled and sealed for consumption off the premises and that identifies the permittee and Page 4 Senate Bill 11-Second Edition General Assembly Of North Carolina Session 2019 the date the container was filled or refilled.
– An on-premises malt beverage permit authorizes (i) the retail sale of malt beverages for consumption on the premises, (ii) the retail sale of malt beverages in the manufacturer's original container for consumption off the premises, and (iii) the retail sale of malt beverages in a cleaned and sanitized container that is filled or refilled and sealed for consumption off the premises and that identifies the permittee and Page 4 Senate Bill 11-First Edition General Assembly Of North Carolina Session 2019 the date the container was filled or refilled.
In addition, a particular brand of wine may be transferred only if both the transferor and Senate Bill 11-Second Edition Page 5 General Assembly Of North Carolina Session 2019 transferee are located within the territory designated bet ween the winery and the wholesaler on file with the Commission.
In addition, a particular brand of wine may be transferred only if both the transferor and Senate Bill 11-First Edition Page 5 General Assembly Of North Carolina Session 2019 transferee are located within the territory designated bet ween the winery and the wholesaler on file with the Commission.
130A-247(2)." Page 6 Senate Bill 11-Second Edition General Assembly Of North Carolina Session 2019 SECTION 9.
130A-247(2)." Page 6 Senate Bill 11-First Edition General Assembly Of North Carolina Session 2019 SECTION 9.
Senate Bill 11-Second Edition Page 7
Senate Bill 11-First Edition Page 7
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Action History

  1. Signed by Gov. 6/26/2019

  2. Ch. SL 2019-49

  3. Pres. To Gov. 6/21/2019

  4. Ratified

  5. Concurred In H Com Sub

  6. Ordered Enrolled

  7. Regular Message Received For Concurrence in H Com Sub

  8. Placed On Cal For 06/19/2019

  9. Regular Message Sent To Senate

  10. Passed 2nd Reading

  11. Passed 3rd Reading

  12. Reptd Fav Com Substitute

  13. Cal Pursuant Rule 36(b)

  14. Placed On Cal For 06/13/2019

  15. Reptd Fav

  16. Re-ref Com On Rules, Calendar, and Operations of the House

  17. Withdrawn From Com

  18. Re-ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House

  19. Withdrawn From Com

  20. Re-ref Com On Rules, Calendar, and Operations of the House

  21. Serial Referral To Judiciary Stricken

  22. Withdrawn From Com

  23. Re-ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House

  24. Reptd Fav

  25. Re-ref Com On Regulatory Reform

  26. Passed 1st Reading

  27. Ref to the Com on Alcoholic Beverage Control, if favorable, Regulatory Reform, if favorable, Judiciary, if favorable, Rules, Calendar, and Operations of the House

  28. Regular Message Sent To House

  29. Regular Message Received From Senate

  30. Amend Adopted A1

  31. Passed 2nd Reading

  32. Passed 3rd Reading

  33. Engrossed

  34. Withdrawn From Cal

  35. Placed On Cal For 02/19/2019

  36. Reptd Fav

  37. Reptd Fav Com Substitute

  38. Com Substitute Adopted

  39. Re-ref Com On Rules and Operations of the Senate

  40. Withdrawn From Com

  41. Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  42. Passed 1st Reading

  43. Ref To Com On Rules and Operations of the Senate

  44. Filed

Sponsors

Sponsorship breakdown

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0 sponsors · 3 co-sponsors · 176 not signed on · 2 voted No

Sponsors (0)

None.

Co-sponsors (3)

Not signed on (176)

176 members have not signed on to this bill.

Show all 176 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Motion 9 To Concur

Passed 46 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 27001
Republican 11002
Total 46003
% of votes cast 94%0%0%6%
How each member voted (49)
Member Party Vote
deViere — Yea
Fitch — Yea
Foushee — Yea
Marcus — Yea
McKissick — Yea
Nickel — Yea
Peterson — Yea
Smith — Yea
VanDuyn — Yea
Woodard — Yea
Ballard — Yea
Brown — Yea
J. Davis — Yea
Edwards — Yea
Gallimore — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Johnson — Yea
Krawiec — Yea
Newton — Yea
Perry — Yea
Steinburg — Yea
Tillman — Yea
Wells — Yea
Bishop — Not Voting
D. Davis — Yea
J. Jackson — Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
Jim Burgin Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Not Voting
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
W. Ted Alexander Republican Not Voting
Warren Daniel Republican Yea

Official roll call →

Second Reading

Passed 105 Yea · 2 Nay · 13 Other
Party YeaNayPresentNot Voting
Democratic 22003
Unaffiliated 51009
U 2000
Republican 30201
Total 1052013
% of votes cast 88%2%0%11%
How each member voted (120)
Member Party Vote
Autry — Yea
Beasley — Yea
Black — Yea
Brewer — Yea
Farmer-Butterfield — Yea
Fisher — Yea
Floyd — Yea
Gailliard — Yea
Gill — Yea
Graham — Yea
Harris — Yea
Holley — Yea
Insko — Yea
Jackson — Yea
Lucas — Yea
Montgomery — Yea
Queen — Yea
Richardson — Yea
Russell — Yea
Terry — Yea
vonHaefen — Yea
Wray — Yea
Boles — Yea
Bumgardner — Yea
Carter — Yea
Conrad — Yea
Davis — Yea
Dobson — Yea
Elmore — Yea
Faircloth — Yea
Fraley — Yea
Grange — Yea
Hardister — Yea
Horn — Yea
Hurley — Yea
Lewis — Yea
McElraft — Yea
McGrady — Yea
McNeill — Yea
Moore — Yea
Murphy — Yea
Presnell — Yea
Rogers — Yea
Saine — Yea
Sasser — Yea
Speciale — Yea
Szoka — Yea
Yarborough — Yea
Zachary — Yea
L. Johnson — Not Voting
Clemmons — Not Voting
Garrison — Not Voting
Hunt — Not Voting
Hunter — Not Voting
Martin — Not Voting
Cleveland — Not Voting
Henson — Not Voting
C. Smith — Yea
K. Smith — Yea
R. Smith — Not Voting
Allison A. Dahle Democratic Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Yea
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Not Voting
Cecil Brockman Democratic Not Voting
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Not Voting
Shelly Willingham Democratic Yea
Sydney Batch Democratic Yea
Terence Everitt Democratic Yea
Tracy Clark Democratic Yea
Zack Hawkins Democratic Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Yea
Chris Humphrey Republican Yea
Dean Arp Republican Nay
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Edward C. Goodwin Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Lisa S. Barnes Republican Yea
Mark Brody Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Steve Jarvis Republican Nay
W. Ted Alexander Republican Not Voting
William D. Brisson Republican Yea
Carla D. Cunningham U Yea
Nasif Majeed U Yea

Official roll call →

Subjects

public-safety agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 11?
SB 11 is sponsored by Wells, Norman W. Sanderson (Republican), and D. Davis.
What is the current status of SB 11?
This bill has been enacted into law. Introduced January 31, 2019. Enacted.
Where can I track SB 11?
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Last checked for changes 3 months ago · updated continuously

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