105-113.71. Nonissuance of license.
(a) Refusal to Issue. - Notwithstanding G.S. 105-113.70, the governing board of a city or county may refuse to issue a license if it finds that the applicant committed any act or permitted any activity in the preceding year that would be grounds for suspension or revocation of his permit under G.S. 18B-104. Before denying the license, the governing board shall give the applicant an opportunity to appear at a hearing before the board and to offer evidence. The applicant shall be given at least 10 days' notice of the hearing. At the conclusion of the hearing the board shall make written findings of fact based on the evidence at the hearing. The applicant may appeal the denial of a license to the superior court for that county, if notice of appeal is given within 10 days of the denial.
(b) Unfortified Wine Exceptions. - The governing bodies of the following counties and cities in their discretion may decline to issue on-premises unfortified wine licenses: the counties of Alamance, Alexander, Ashe, Avery, Chatham, Clay, Duplin, Granville, Greene, Haywood, Jackson, Macon, Madison, McDowell, Montgomery, Nash, Pender, Randolph, Robeson, Sampson, Transylvania, Vance, Watauga, Wilkes, Yadkin; any city within any of those counties; and the cities of Greensboro, Aulander, Pink Hill, and Zebulon.
(c) General Exception. - The governing bodies of the municipalities listed in this subsection may decline requiring a person who receives an ABC permit to obtain the corresponding local license from the municipality to engage in the activity authorized by the ABC permit: the Town of Cary. (1985, c. 114, s. 1; 2021-150, s. 4.2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2C - Alcoholic Beverage License and Excise Taxes.
§ 105-113.68 - Definitions; scope.
§ 105-113.69 - License tax; effect of license.
§ 105-113.70 - Issuance, duration, transfer of license.
§ 105-113.71 - Nonissuance of license.
§ 105-113.77 - City malt beverage and wine retail licenses.
§ 105-113.78 - County malt beverage and wine retail licenses.
§ 105-113.79 - City wholesaler license.
§ 105-113.80 - Excise taxes on malt beverages, wine, and liquor.
§ 105-113.82 - Distribution of part of malt beverage and wine taxes.
§ 105-113.83 - Payment of excise taxes.
§ 105-113.83A - Registration and discontinuance requirements; penalties.
§ 105-113.86 - Bond or irrevocable letter of credit.
§ 105-113.87 - Refund for excise tax paid on sacramental wine.