NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 413

SENATE BILL 333

 

 

AN ACT TO AUTHORIZE THE QUALIFIED VOTERS OF THE TOWN OF MORGANTON TO DETERMINE WHETHER OR NOT BEER AND WINE MAY BE LEGALLY SOLD AND ALCOHOLIC BEVERAGE CONTROL STORES OPERATED IN THE TOWN OF MORGANTON.

 

WHEREAS, more than fifteen per cent (15%) of the qualified voters who voted in the last election for members of the governing body of the Town of Morganton have heretofore filed and signed with the town board of elections a petition asking that a vote be held on the question of legalizing the sale of beer and wine and the establishment and operation of Alcoholic Beverage Control Stores on the 13th day of July, 1963, for the purpose of submitting said question to the voters of the Town of Morganton; and

WHEREAS, it is deemed advisable that such election be held on said date: Now, therefore,

 

The General Assembly of North Carolina do enact:

 

Section 1. The Town Council of the Town of Morganton shall, upon a petition to the town council signed by at least fifteen per cent (15%) of the number of registered and qualified voters that voted in the election for the town council in the Town of Morganton in the last election, order an election to be held on the question of whether or not beer and wine may be legally sold in the Town of Morganton for "off premise" consumption only and Alcoholic Beverage Control Stores operated in said town under the terms and provisions hereof, the Town Council of Morganton shall call an election on the 13th day of July, 1963.

Sec. 2. Said election will be called and held on the date herein set forth notwithstanding the nearness or coincidence of said date with any other election. A new registration for voters for such election shall not be necessary and all qualified voters who are properly registered prior to registration for the election and those who register for said election shall be entitled to vote in said election. Said election shall be conducted by the town board of elections and the cost thereof shall be paid from the general fund of the Town of Morganton and except as otherwise herein provided this special election shall be conducted under the same statutes, rules, and regulations applicable to general elections for the Town of Morganton.

Sec. 3. In the event said special election is called by the Board of Elections for the Town of Morganton, a ballot shall be used upon which shall be printed "For the legal sale of beer and wine and the establishment of Alcoholic Beverage Control Stores in the Town of Morganton" and on a separate line "Against the legal sale of beer and wine and the establishment of Alcoholic Beverage Control Stores in the Town of Morganton". Those favoring the legal sale of beer and wine and the establishment of Alcoholic Beverage Control Stores shall mark in the voting square to the left of the words "For the legal sale of beer and wine and the establishment of Alcoholic Beverage Control Stores in the Town of Morganton" printed on the ballot, and those opposed to the legal sale of beer and wine and the establishment of Alcoholic Beverage Control Stores shall mark in the voting square to the left of the words "Against the legal sale of beer and wine and the establishment of Alcoholic Beverage Control Stores in the Town of Morganton" printed on the ballot.

Sec. 4. If a majority of the votes cast in such election shall be for the legal sale for beer and wine and the establishment of Alcoholic Beverage Control Stores, then, the Town Council of the Town of Morganton shall issue licenses to sell beer and/or wine as defined in G. S. 18-64 as provided in Chapter 18 of the General Statutes notwithstanding any public, special, local or private Act to the contrary whether passed before or after the ratification of this Act; provided, however, in no event shall a license be issued to any person, firm, or corporation to sell beer and/or wine for "On Premise" consumption anywhere in the Town of Morganton, furthermore, it shall be legal for Alcoholic Beverage Control Stores to be set up and operated in the Town of Morganton.

Sec. 5. If the operation of Alcoholic Beverage Control Stores is authorized under the provisions of this Act, the Town Council of the Town of Morganton shall immediately create a Board of Alcoholic Beverage Control to be composed of a chairman and two other members. The Town Council of the Town of Morganton shall designate upon ratification of this Act from which town organizations or boards these members will be chosen, said members to be chosen by the membership of the designated organization or board and the said town council shall designate the Chairman of the Town Board of Alcoholic Beverage Control.

Sec. 6. The Town Board of Alcoholic Beverage Control shall have all the powers and duties prescribed for County Boards of Alcoholic Control by G. S. 18-45 and shall be subject to the powers and authority of the State Board of Alcoholic Control to the same extent as are County Boards of Alcoholic Control set forth in G. S. 18-39. The Town of Morganton Board of Alcoholic Control in the operation of Municipal Alcoholic Beverage Control Stores authorized under the provisions of this Act shall be subject to the provisions of Article 3 of Chapter 18 of the General Statutes except to the extent that such provisions may be in conflict with this Act. Wherever the word "County" Board of Alcoholic Control appears in said Article it shall apply to and include the Town of Morganton Board of Alcoholic Control. The Town of Morganton Board of Alcoholic Control shall have authority to employ legal counsel and such other employees as it may deem necessary and fix their compensation. The per diem and subsistence allowance for the Town of Morganton Board of Alcoholic Control shall be fixed by the Board of Aldermen of the Town of Morganton.

Sec. 7. The Town Board of Alcoholic Control shall deduct the amount required to be expended for law enforcement as provided in G. S. 18-45 and in the expenditure of said funds, the Town Board of Alcoholic Control shall employ one or more persons as law enforcement officer or officers to be appointed by and directly responsible to the said board. The person or persons so appointed shall, after taking the oath prescribed by law for peace officers, have the same powers and authorities within Burke County as other peace officers. Any such person or persons so appointed, or any other peace officer while in hot pursuit of anyone found to be violating the prohibition laws of this State, shall have the right to go into any other county of the State and arrest such defendant therein so long as such hot pursuit of such person shall continue, and the common law of hot pursuit shall be applicable to said offenses and such officer or officers. Any law enforcement officer appointed by the said Board of Alcoholic Control and any other peace officer is hereby authorized, upon request of the sheriff or other lawful officer in any other county, to go into such county and assist in suppressing a violation of the prohibition laws therein, and while so acting shall have such powers as a peace officer as are granted to him in Burke County and be entitled to all the protection provided for said officer while acting in his own county after providing for the expenditure for law enforcement and for the expenditure of a sum of not less than two per cent (2%)  nor more than five per cent (5%) for finding the causes and cures of alcoholism, the remaining net profits from any Alcoholic Beverage Control Store shall on a quarterly basis be paid over as follows: Twenty-five per cent (25%) to the general fund of Burke County to be used for capital outlay of public schools; seventy-five per cent (75%) to the general fund of the Town of Morganton.

Sec. 8. All of the provisions of Chapter 18 of the General Statutes of North Carolina and other applicable laws not in conflict with the terms of this Act shall be and remain in full force and effect.

Sec. 9. All laws and clauses of laws in conflict with the terms of this Act are hereby repealed to the extent that they conflict with the terms of this Act.

Sec. 10. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 10th day of May, 1963.