NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 778

HOUSE BILL 1191

AN ACT TO AMEND THE CHARTER OF THE CITY OF GASTONIA CONTAINED IN CHAPTER 910 OF THE 1971 SESSION LAWS OF NORTH CAROLINA.

The General Assembly of North Carolina enacts:

Section 1. Chapter 910 of the 1971 Session Laws, being the Charter of the City of Gastonia, is hereby amended as follows:

(a)       Section 4.22 is hereby amended and rewritten to read:

"The City of Gastonia Board of Alcoholic Beverage Control shall have all the powers and duties prescribed for county boards of alcoholic control in Section 18A-17 of the General Statutes of North Carolina, except the powers contained in subsection (14) thereof, 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 under Section 18A-15 of the General Statutes of North Carolina except as to the powers and authority of said State Board contained in subsection (10) thereof. The City of Gastonia Board of Alcoholic Beverage Control shall also be subject to the provisions of Articles 1, 2, 3, and 4 of Chapter 18A of the General Statutes of North Carolina except to the extent that such provisions may be in conflict with this Charter. Whenever the word 'county' board of alcoholic control appears in said Chapter, it shall apply to and include the City of Gastonia Board of Alcoholic Beverage Control. The City of Gastonia Board of Alcoholic Beverage Control shall have the authority to employ legal counsel, accountants, and such other agents or employees as it may deem necessary and fix their compensation."

(b)       Section 4.24 is hereby amended and rewritten to read:

"Issuance of Licenses. Only licenses permitting the off-premises consumption of malt beverages, native wines and unfortified wines as defined in Section 18A-2 of the General Statutes of North Carolina shall be permitted notwithstanding any public, special, local or private acts to the contrary."

(c)       Section 4.25 is hereby amended by deleting the reference to Chapter 18 of the General Statutes of North Carolina and substituting in lieu thereof the words "Chapter 18A of the General Statutes of North Carolina."

(d)       Subchapter B of Chapter IV is further amended by adding the following sections thereto:

"Section 4.26. Restriction on Location. The City of Gastonia Board of Alcoholic Beverage Control shall set up and operate alcoholic beverage control stores only within the corporate limits of the City of Gastonia.

"Section 4.27. Restrictions on Use. Notwithstanding any public, special, local or private act to the contrary, it shall be unlawful for any person to consume or drink any malt beverages, unfortified wines or native wines as defined in Article 1 of Chapter 18A of the General Statutes of North Carolina, in the City of Gastonia except:

(a)       On the premises of his private residence or in any hotel or motel room that said person has rented, or on the premises of any private residence of another or in any hotel or motel room rented by another and to which he is invited, where permission has been given to said person by the owner, a member of his household or immediate family, such renter, or person lawfully in possession of any such residence or room.

(b)       On the premises of an establishment which is organized and operated solely for purposes of a social, recreational, patriotic or fraternal nature, is not open to the general public and restricts the use of its premises and facilities strictly to that of its members and their bona fide guests, and has a valid permit from the North Carolina State Board of Alcoholic Control for the purposes set forth in Section 18A-30(2) of Article 3, Chapter 18A, of the General Statutes of North Carolina.

(c)       At a private meeting or party held in an area not in view of the general public on the premises of a commercial establishment or any part thereof and limited in attendance to members or the bona fide guests of a particular group, association or organization or to the bona fide guests of a particular person, and for which special occasion such commercial establishment has obtained a valid permit from the North Carolina State Board of Alcoholic Control for the purpose set forth in Section 18A-30(3) of Article 3, Chapter 18A of the General Statutes of North Carolina.

(d)       On the premises of any organized church or other religious society in connection with any worship service or religious ceremony.

(e)       On the premises of any hospital or sanitorium established and maintained for the treatment of patients when prescribed by a licensed physician as a method of treatment of such person as a patient therein.

(f)        A violation of this section shall constitute a misdemeanor."

(e)       Subchapter D of Chapter IV is amended by deleting the words "Gaston Regional Planning Commission" wherever they appear and substituting in lieu thereof the words "Gastonia Planning Commission".

(f)        Section 5.17 is hereby amended and rewritten to read:

"In case any charge for utility service or for the use of utility facilities is not paid within 10 days after it becomes due, the same shall become a lien upon the real property served or in connection with which the service or facility is used and upon all personal property situated upon such real property. The charge may at any time thereafter be collected by: (a) levy and sale as prescribed by Section 105-367 of the General Statutes of North Carolina in the case of tangible personal property or (b) foreclosure by the in rem method as specified in Section 105-375 of the General Statutes of North Carolina or (c) foreclosure of the tax lien in the nature of an action to foreclose a mortgage as specified in Section 105-374 of the General Statutes of North Carolina in the case of real property or (d) attachment of bank deposits and garnishment of wages as specified in Section 105-368 of the General Statutes of North Carolina."

(g)       Section 4.91 is amended by adding the following subsection thereto:

"(c)      No ordinance making or approving the renewal or extension of a public utility franchise or modifying the schedule of rates contained in such a franchise shall be finally adopted until it has been passed at two regular meetings of the City Council and no such renewal, extension, amendment or rate modification shall be made otherwise than by ordinance. Before adopting any such ordinance authorized by this section, the City Council shall hold a public hearing on it. A notice of the public hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be furnished for the first time not less than 15 days nor more than 25 days before the date fixed for the first regular meeting of the City Council to consider the matter."

Sec. 2. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 24th day of June, 1975.