NORTH CAROLINA GENERAL ASSEMBLY
1975 SESSION
CHAPTER 411
SENATE BILL 511
AN ACT TO MAKE TECHNICAL AMENDMENTS IN G.S. CHAPTERS 18A AND 105, CONCERNING THE REGULATION OF INTOXICATING LIQUORS.
The General Assembly of North Carolina enacts:
Section 1. G.S. 105-113.68(3) is hereby rewritten to read as follows:
"(3) 'Fortified wines' shall mean any wine made by fermentation from grapes, fruits, berries, rice or honey to which nothing but pure brandy has been added, which brandy is made from the same type of grape, fruit, berry, rice or honey that is contained in the base wine to which it is added, and having an alcoholic content of over fourteen percent (14%) and not more than twenty-one percent (21%) of absolute alcohol, reckoned by volume; and approved by the State Board of Alcoholic Control as to identity, quality, and purity as provided in Chapter 18A."
Sec. 2. G.S. 18A-2(2) is hereby rewritten to read as follows:
"(2) 'Fortified wines' shall mean any wine made by fermentation from grapes, fruits, berries, rice or honey to which nothing but pure brandy has been added, which brandy is made from the same type of grape, fruit, berry, rice or honey that is contained in the base wine to which it is added and having an alcoholic content of over fourteen percent (14%) and not more than twenty-one percent (21%) of absolute alcohol, reckoned by volume; and is approved by the State Board of Alcoholic Control as to identity, quality, and purity as provided in this Chapter."
Sec. 3. G.S. 18A-18(b) is hereby rewritten to read as follows:
"(b) After deducting the amount required to be expended for enforcement, education and rehabilitation, as herein provided, and retaining sufficient and proper working capital, the amount to be determined by the board, and except as hereinbefore provided in Chapters 493 and 418 of the Public Laws of 1935, the entire net profits derived from any stores shall be paid quarterly to the General Fund of each respective county wherein county stores are operated."
Sec. 4. G.S. 18A-37 is hereby amended by adding at the end thereof a new paragraph to read as follows:
"No permit issued under this Chapter shall be transferrable. When the ownership of any business to which a permit has been issued changes by merger, consolidation or otherwise, the permit shall automatically be terminated and returned immediately to the State Board of Alcoholic Control.
A change in ownership does not occur simply from the exchange or sale of stock unless a stockholder acquires more than twenty-five percent (25%) of the stock and such acquiring stockholder has not previously held twenty-five percent (25%) of the stock of the corporation."
Sec. 5. G.S. 18A-29 is hereby amended by deleting the words "alcoholic beverages" at each place they appear in the section and inserting in lieu thereof the words "spirituous liquors".
Sec. 6. G.S. 18A-36.1(c) is hereby amended by deleting from lines 3 and 4 thereof the words "subdivisions (1) through (4) of G.S. 18A-29(b)", and inserting in lieu thereof the words "G.S. 18A-41".
Sec. 7. G.S. 18A-41 is hereby amended by deleting the words "unfortified wine" at each place they appear in the section, and inserting in lieu thereof the words "wine (fortified and unfortified)".
Sec. 8. G.S. 18A-42(b) is hereby amended by deleting from the first line thereof the words "and a citizen of the United States" and placing a period after the word "age".
Sec. 9. G.S. 105-113.72 is hereby amended by deleting the words "fortified wines," from line 8 of the first paragraph thereof.
Sec. 10. G.S. 105-113.70 is amended by rewriting the last paragraph thereof to read as follows:
"Nothing in this Article shall be construed to impose any tax upon any resident citizen of this State who makes native wines for the use of himself, his family and his guests from fruits, grapes and berries grown or purchased by him."
Sec. 11. This act shall become effective upon ratification.
In the General Assembly read three times and ratified, this the 27th day of May, 1975.