GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 749
The General Assembly of North Carolina enacts:
Section 1. G.S. 18B-901(c) reads as rewritten:
"(c) Factors in Issuing
Permit. - Before issuing a permit, the Commission shall be satisfied that the
applicant is a suitable person to hold an ABC permit and that the location is a
suitable place to hold the permit for which he has applied. To be a suitable
place, the establishment shall comply with all applicable building and fire
codes. Other factors the Commission may shall consider in
determining whether the applicant and the business location are suitable are:
(1) The reputation, character, and criminal record of the applicant;
(2) The number of places already holding ABC permits within the neighborhood;
(3) Parking facilities and traffic conditions in the neighborhood;
(4) Kinds of businesses already in the neighborhood;
(5) Whether the establishment is located within 50 feet of a church or public school or church school;
(6) Zoning laws;
(7) The recommendations of the local governing body; and
(8) Any other evidence that would tend to show whether the applicant would comply with the ABC laws and whether operation of his business at that location would be detrimental to the neighborhood."
Sec. 2. G.S. 18B-901(b) reads as rewritten:
"(b) Notice to Local
Government. - Before issuing an a retail ABC permit, other
than a:
(1) Special occasion permit under G.S. 18B-1001(8);
(2) Limited special occasion permit under G.S. 18B-1001(9);
(3) Temporary permit under G.S. 18B-905; or
(4) Special one-time permit under G.S. 18B-1002
for an establishment, the Commission shall give notice of the
permit application to the governing body of the city in which the establishment
is located. If the establishment is not inside a city, the Commission shall
give notice to the governing body of the county. The Commission shall
allow the local governing body 10 15 days from the time the
notice was mailed or delivered to file written objection to the issuance of the
permit. To be considered by the Commission, the objection shall state the facts
upon which it is based."
Sec. 3. This act is effective upon ratification, but only applies to permits applied for on or after that date.
In the General Assembly read three times and ratified this the 15th day of July, 1994.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives