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House Bill 4, Third Edition - Extend ABC Permit Renewal Fee Deferral (North Carolina, Session 2021)

Summary

House Bill 4, Third Edition, of the General Assembly of North Carolina, Session 2021, with the short title "Extend ABC Permit Renewal Fee Deferral"; the page prints Committee Substitute Favorable 2/3/21 and Engrossed 2/4/21. The bill's title describes an act to extend the delay on the payment deadline for certain ABC permit renewals and to direct the ABC Commission to reinstate or reactivate certain cancelled or inactivated ABC permits. Section 3 lets a permittee request a refund of a renewal or registration fee paid for the 2020-2021 permit year. Section 4 directs the Commission to reinstate or reactivate permits without requiring an application or fees, and Section 5 makes Section 1 retroactively effective June 30, 2020.

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Cite this document

“House Bill 4, Third Edition - Extend ABC Permit Renewal Fee Deferral (North Carolina, Session 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-02-11-bill-h4v3-75e69cd020/, SHA-256 4dcaaeeae22355799cfb22a07655e293c65f6234b35a6c6b8f4d0656e2e2df57.

Full text

                           GENERAL ASSEMBLY OF NORTH CAROLINA
                                       SESSION 2021
     H                                                                                                    3
                                            HOUSE BILL 4
                                  Committee Substitute Favorable 2/3/21
                                    Third Edition Engrossed 2/4/21

     Short Title:    Extend ABC Permit Renewal Fee Deferral.                                       (Public)
     Sponsors:
     Referred to:
                                               January 28, 2021

 1                                       A BILL TO BE ENTITLED
 2   AN ACT TO EXTEND THE DELAY ON THE PAYMENT DEADLINE FOR CERTAIN ABC
 3        PERMIT RENEWALS AND TO DIRECT THE ABC COMMISSION TO REINSTATE OR
 4        REACTIVATE CERTAIN CANCELLED OR INACTIVATED ABC PERMITS.
 5   The General Assembly of North Carolina enacts:
 6               SECTION 1. Section 1 of S.L. 2020-94 reads as rewritten:
 7        "SECTION 1. Notwithstanding G.S. 18B-903, payment of the fee for renewal or registration
 8   of an ABC permit held by an ABC permittee that is prohibited from operating pursuant to
 9   Executive Order No. 141, Easing Restrictions on Travel, Business Operations, and Mass
10   Gatherings, shall not be required until 90 days after the date the Governor signs an executive
11   order rescinding the prohibition on those permittees' operation, all executive orders responding
12   to the COVID-19 pandemic and limiting the full operation of the permittee are rescinded or
13   expire, provided the ABC permittee notifies the ABC Commission in writing, including by e-mail
14   or other electronic means, of its intent to delay payment."
15               SECTION 2. Section 2 of S.L. 2020-94 is repealed.
16               SECTION 3. Any ABC permittee that (i) is prohibited from operating pursuant to
17   Executive Order No. 141, Easing Restrictions on Travel, Business Operations, and Mass
18   Gatherings, (ii) is subject to any executive order responding to the COVID-19 pandemic and
19   limiting the full operation of the permittee, and (iii) has paid a fee for renewal or registration of
20   an ABC permit for the 2020-2021 permit year, may request a refund of the fee from the ABC
21   Commission. The request shall be made to the ABC Commission in writing, including by email
22   or other electronic means. The refund shall be granted regardless of whether the permittee is
23   operating at limited capacity pursuant to an executive order responding to the COVID-19
24   pandemic. A permittee that receives a refund from the Commission pursuant to this section shall
25   repay the fee before the expiration of the period established by Section 1 of S.L. 2020-94, as
26   amended by Section 1 of this act. Any person who (i) held an ABC permit in the 2020-2021
27   permit year for a business that was prohibited from operating under Executive Order No. 141,
28   (ii) who paid the fee for renewal or registration of the permit, and (iii) surrendered the permit due
29   to closure of the person's business may also request a refund and shall not be required to repay
30   the fee.
31               SECTION 4. The ABC Commission shall reinstate or reactivate any ABC permits
32   it cancelled or moved to inactive status as a result of its interpretation of Section 1 of S.L. 2020-94
33   as it existed prior to being amended by Section 1 of this act. In implementing this section, the
34   Commission shall not require affected ABC permittees to submit an application or pay any fees
35   required under G.S. 18B-902. Any permittee whose permit was cancelled or moved to inactive


                                              *H4-v-3*
    General Assembly Of North Carolina                                                  Session 2021
1   status in this manner and who paid the permit fee to have the permit reinstated or reactivated may
2   request a refund pursuant to Section 3 of this act.
3                SECTION 5. Section 1 of this act is retroactively effective June 30, 2020. The
4   remainder of this act is effective when it becomes law.




    Page 2                                                                House Bill 4-Third Edition

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