Durham Planning & Development Department (Durham City-County Planning)

ABC Local Government Opinion and Inspection/Zoning Compliance

Before the NC ABC Commission will issue a retail permit for a Durham County establishment, the local governing body's designated official signs off, and for an establishment outside a city that governing body is Durham County. The Commission's own page states that 'In accordance with NC General Statute 18B-904(f) before issuing a retail permit, the NC ABC Commission shall determine that the applicant is a suitable person and that the location is a suitable place. The governing body of a city/county designates an official to make recommendations concerning the suitability of a person and location for an ABC retail permit', and requires an applicant to submit 'A signed and notarized Local Government Opinion Form' and 'Proof of mandatory compliance with all applicable building and fire codes using the Inspection/Zoning Compliance Form', adding that 'Designated officials are expected to process these forms within 15 days of receipt.' The statute puts the county in the loop expressly: G.S. 18B-901(b) provides that the Commission gives notice of the application to the city where the establishment is located and that 'If the establishment is not inside a city, the Commission shall give notice to the governing body of the county', allowing 15 days to file a written objection stating the facts on which it is based, and subsection (c) has the local governing body return a Zoning and Compliance Form showing the establishment complies with all applicable building and fire codes. Which body that is turns on location under Durham Unified Development Ordinance Sec. 2.1.1, which gives the Board of Commissioners property outside any city limits and the Durham City Council property inside the City of Durham. No fee for the signature itself is published in the county's FY 2026-27 adopted fee schedule or on a county page; what the applicant does pay the county is the mandatory Beer & Wine Privilege License under G.S. 105-113.78 and County Code § 8-39, listed separately, and G.S. 105-113.70(a) will not let that license issue until the ABC permit is in hand.