S.L. 1967-540

NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

CHAPTER 540

HOUSE BILL 764

AN ACT AUTHORIZING THE RIGHT TO PETITION FOR MUNICIPAL LIQUOR CONTROL STORES IN INCORPORATED MUNICIPALITIES IN COLUMBUS COUNTY, ESTABLISHMENT OF SAME UPON AN AFFIRMATIVE VOTE OF THE PEOPLE, AND PROVIDING FOR THE ALLOCATION OF NET PROCEEDS FROM THE OPERATION THEREOF.

The General Assembly of North Carolina do enact:

Section 1. If Columbus County does not call an ABC election, as provided in G. S. 18-61, on or before June 1, 1967, then the governing body of each incorporated municipality in Columbus County shall upon a written petition to said governing body signed by at least thirty per cent (30%) of the registered and qualified voters of the municipality, who voted in the last municipal election, order an election to be held on the question of whether or not a municipal liquor control store may be operated in the municipality. If a majority of the votes cast in such election shall be for the operation of such stores, it shall be legal for liquor control stores to be set up and operated in said municipality; but if a majority of the votes cast in said election shall be against the operation of a liquor control store, no such store shall be set up or operated in said municipality under provisions of this Act. If the County holds an ABC election on or before June 1, 1967, and the vote is against County liquor stores, then no municipality shall hold an election as authorized in this Act until 90 days after the County election. If the County liquor election is in favor of County liquor control stores, then no municipality shall hold an election under this Act.

Sec. 2. In calling for such special liquor election, the said governing body shall give at least 30 days' public notice of the same prior to the opening of the registration books, and said registration books shall remain open for the same period of time before such special liquor election as is required by law for them to remain open for a regular municipal election. A new registration of voters for such special liquor election shall not be necessary and all qualified electors who are properly registered prior to registration for the special election and those who register in said special liquor election shall be entitled to vote in said election. In said election, a ballot shall be used upon which shall be printed on separate lines for each proposition, "For Town A. B. C. Store", "Against Town A. B. C. Store". Those favoring setting up and operating a liquor store in the municipality shall mark on the voting square to the left of the words "For Town A. B. C. Store", printed on the ballot; and those opposed to a liquor control store shall mark in the voting square to the left of the word "Against Town A. B. C. Store". Except as otherwise herein provided, the special election authorized shall be conducted under the same statutes, rules and regulations applicable to municipal elections in the municipality.

Sec. 3. If a subsequent election shall be held and at such election a majority of the votes shall be cast "Against Town A. B. C. Store", the municipal board of alcoholic control shall within three months from the canvassing of such votes and the declaration of the result thereof, close said store and shall thereafter cease to operate the same, and within said three months the board of alcoholic control shall dispose of all alcoholic beverages on hand, all fixtures, and all other property in the hands and under the control of said board and convert the same into cash and turn the same over to the town treasurer. Thereafter, all Public, Public-Local and Private Laws applicable to the sale of intoxicating beverages within said municipality in force and effect prior to the authorization to operate a liquor store, shall be in full force and effect the same as if such election had not been held until and unless another election is held under the provisions of this Act in which a majority of the votes shall be cast "For Town Liquor Control Store". No election shall be called and held in the municipality under the provisions of this Act within three years from the holding of the last election thereunder. It shall be the duty of the governing body of the municipality to order the special liquor election herein authorized within 60 days after sufficient petition has been filed requesting the same. But no election under this Act shall be held on the day of any biennial county, or municipal general or primary election, or within 30 days of any such election.

Sec. 4. If the operation of a liquor control store is authorized under the provisions of this Act, the governing body of the municipality shall immediately create a board of alcoholic control to be composed of a chairman and two other members who shall be well known for their character, ability and business acumen. Said board shall be known and designated as the "Board of Alcoholic Control of (name of municipality)". The chairman of said board shall be designated by the governing body of the municipality and shall serve for his first term a period of three years, one member shall serve for his first term a period of two years, and the other member shall serve for his term a period of one year. The terms shall begin with the date of their appointment, and after the said terms shall have expired, their successors in office shall serve for a period of three years. Their successors, or any vacancy occurring in the board, shall be named or filled by the governing body of the municipality.

Sec. 5. The municipal board of alcoholic control shall have all of the powers and duties imposed by Section 18-45 of the General Statutes on county boards of alcoholic control and shall be subject to the powers and authority of the State Board of Alcoholic Control the same as county boards of alcoholic control as provided in Section 18-39 of the General Statutes. Provided, G. S. 18-45(15) shall not apply to the municipal boards of alcoholic control. The municipal board of alcoholic control and the operation of any liquor store authorized under the provisions of this Act shall be subject to and in pursuance with the provisions of Article 3 of Chapter 18 of the General Statutes, except as to the extent which the same may be in conflict with the provisions of this Act. Wherever the word "county" board of alcoholic control appears in said Article, it shall include the municipal board of alcoholic control.

Sec. 6. After deducting the amount required to pay all salaries and operating expenses, and after retaining a sufficient and proper working capital, the amount to be determined by the board, the municipal board of alcoholic control shall allocate and disburse, as determined by quarterly audit, the revenue as hereinafter provided:

Not less than five per cent (5%) and not more than ten per cent (10%) of the gross revenues to the general fund of the municipality, to be used for law enforcement purposes.

The net profits, as determined quarterly, shall be disbursed by the municipal board of alcoholic control as follows:

Five per cent (5%) to the general fund of the municipality to be used for the Fire Department of the municipality;

Fifty per cent (50%) to the general fund of the municipality to be expended for any public purpose for which tax or nontax revenues may be expended;

Forty-five per cent (45%) to the general fund of Columbus County to be allocated in equal parts to the board of education of any school unit in which an ABC store is located.

Sec. 7. In the event County liquor control stores are authorized in an election held as provided in this Act, then the Board of Alcoholic Control of Columbus County shall disburse the revenues, derived from the operation of county stores as provided herein:

(a) After deducting from the gross revenues the amount required for law enforcement by G. S. 18-45(15) and the amount required to pay salaries, operating expenses as provided in G. S. 18-56, and retaining sufficient and proper working capital, under G. S. 18-57, the net revenues shall be disbursed as follows:

Five per cent (5%) to be divided equally and paid to the general fund of any municipality in which an ABC store is located, and the amount received by each municipality to be used for the Fire Department of such municipality;

Fifty per cent (50%) to be divided among the municipalities in which an ABC store is located as herein provided: Said fifty per cent (50%) shall be distributed to each eligible municipality in the percentage proportion that the population of each eligible municipality bears to the total population of all eligible municipalities, as indicated by the latest certified Federal Decennial Census. The funds received by each eligible municipality may be expended for any public purpose for which the municipality may expend tax or nontax revenues.

Forty-five per cent (45%) to the general fund of Columbus County, to be allocated in equal parts to the board of education of any school unit in which an ABC store is located.

Sec. 8. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 9. 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 19th day of May, 1967.