Memo-07-11-2017-Item-14

July 11, 2017

MEMO TO:           Mayor Barber and Board of Commissioners

FROM:                  Frank A. Rush, Jr., Town Manager

SUBJECT:           Ordinance Amending Chapter 12 – Miscellaneous Provisions – of the Code of Ordinances To Allow the Sale of Alcoholic Beverages Before Noon on Sundays - (Summary & Suggested Motions)

The Board of Commissioners is scheduled to consider an ordinance amending Chapter 12 – Miscellaneous Provisions - of the Code of Ordinances to specifically allow alcohol sales by Emerald Isle businesses as early as 10 am on Sundays.  The attached ordinance amendment was requested by a local restaurant (Caribsea) in response to recent changes to alcoholic beverage laws by the NC General Assembly. 

North Carolina law currently prohibits alcohol sales earlier than 12 noon on Sundays, however, the recently enacted legislation allows a city or county to specifically allow alcohol sales as early as 10 am on Sundays.  The new legislation is aimed at allowing alcohol sales at permitted restaurants and retail establishments earlier in the day to better serve customers and generate additional sales activity.  Caribsea and several other restaurants and retail establishments in Emerald Isle would likely benefit from the expanded sales hours.

If the Board adopts the attached ordinance amendment, any restaurant, hotel, or retail establishment holding the appropriate ABC permit in Emerald Isle will be permitted to sell malt beverages (beer), unfortified wine, fortified wine, and mixed beverages as early as 10 am on Sunday.  The ordinance amendment (and the new legislation) applies to restaurants and retail establishments only, and does not impact the Emerald Isle ABC Store.

If the Board adopts the attached ordinance amendment, it would be effective immediately and apply beginning Sunday, July 16. 

I look forward to discussing the proposed ordinance amendment with the Board at the July 11 meeting.