GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 45
AN ACT TO MODIFY THE APPOINTMENT OF THE HALIFAX ABC BOARD AND TO PROVIDE THAT DISTRIBUTION OF REVENUE SHALL BE ACCORDING TO GENERAL STATUTE.
Whereas, the 1959 Session of the General Assembly passed a local law providing for proposed alternative structures for a Halifax County Board of Alcoholic Control and provided that the voters of Halifax County could elect which structure would be implemented; and
Whereas, in an election in 1960, the electors of Halifax County approved the "Crew Proposal” in Chapter 1257 of the 1959 Session Laws; and
Whereas, at the regular meeting of the Halifax County Board of Commissioners on December 5, 1994, a motion was adopted providing the Board of County Commissioners make appointments, set compensations, etc.; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1. G.S. 18B-700(a) reads as rewritten:
"(a) Membership. - A
local ABC board shall consist of three members appointed for three-year terms,
unless a different membership or term is provided by a local act enacted before
the effective date of this Chapter, or unless the board is a board for a merged
ABC system under G.S. 18B-703 and a different size membership has been provided
for as part of the negotiated merger. One member of the initial board of a
newly created ABC system shall be appointed for a three-year term, one member
for a two-year term, and one member for a one-year term. The
Halifax County Board of Alcoholic Control shall consist of three members
appointed for three-year terms. The three members appointed prior to the
effective date of this act shall complete their terms as appointed. As
the terms of initial board members expire, their successors shall each
be appointed for three-year terms. The appointing authority shall designate one
member of the local board as chairman."
Sec. 2. Section 4 of Chapter 1257 of the 1959 Session Laws, as amended by Chapter 448 of the 1977 Session Laws, reads as rewritten:
"Sec. 4. If a majority of the voters in said special election favor the Crew Proposal, then the following provisions of this Section shall be adopted for Halifax County and become effective following approval by the voters:
(a) Chapter 433 of the Session Laws of 1943, Chapter 558 of the Session Laws of 1945, Chapter 33 of the Session Laws of 1947, Chapter 148 of the Session Laws of 1947, Chapter 824 of the Session Laws of 1947, Chapter 1114 of the Session Laws of 1949, Chapter 721 of the Session Laws of 1951, Chapter 1033 of the Session Laws of 1951 and all other laws and clauses of laws relating to the Halifax County Board of Alcoholic Control in conflict with Article III, of Chapter 18 of the General Statutes of North Carolina are hereby repealed.
(b) The present Alcoholic
Beverage Control Board of Halifax County, and their agent or agents, shall turn
over to the new Board of Alcoholic Control created by G.S. 18-41, on or before
July 1, 1960, all monies, bank credits, stocks of merchandise, equipment,
equity in contracts, books of record, bills receivable, accounts payable and
all other property and effects of any kind or nature used in or incident to the
operation of the Alcoholic Beverage Control Board of Halifax County. On
June 29 and June 30, 1960, all alcoholic beverage control stores in Halifax
County shall be closed and an inventory of all stocks, property and other
effects belonging to the Alcoholic Beverage Control Board of Halifax County
shall be taken jointly by the outgoing and incoming Boards, or their
agents. Such inventory shall be in writing and shall include the quantity
and cost price of the stocks of merchandise and the number of articles and
value of other property. The inventory herein provided for shall be
available to the auditor who shall make a complete audit of the affairs of said
Alcoholic Beverage Control System as on June 30, 1960. The profits
heretofore accrued or hereafter accrued shall be distributed as follows:
After necessary deductions are made to provide for a
proper reserve and to provide for operating expenses, all profits which accrue
from the operation of the alcoholic beverage control stores in Halifax County,
commencing July 1, 1960, and quarterly thereafter, shall be distributed in the
following manner:
(1) Not less
than five per cent (5%) nor more than ten per cent (10%) of the total profits
shall be allocated to law enforcement and expended by the Halifax County Board
of Alcoholic Control in the manner and for the purposes set out in G.S. 18-45,
as it appears in the 1957 Cumulative Supplement to Volume 1C of the General
Statutes.
(2) Not more
than five per cent (5%) of the total profits may be allocated for education as
to the use of alcoholic beverages and for the rehabilitation of alcoholics by
the Halifax County Board of Alcoholic Control in the manner and for the
purposes set out in G.S. 18-45, as it appears in the 1957 Cumulative Supplement
to Volume 1C of the General Statutes.
(4) After
subsections (1) and (2) of this Section have been complied with:
(a) Twenty-five
per cent (25%) of the remaining profits shall be allocated and paid to the
several municipal corporations within Halifax County where alcoholic beverage
control stores are operated; such profits shall be allocated proportionately on
the basis of the ratio of profits derived from the operation of the store
or stores in any one municipality to the profits derived from the operation of
all stores in all of the municipalities in the county in which stores are
operated; and
(b) Seventy-five
percent (75%) of the profits shall be paid to the Board of Commissioners of
Halifax County; forty percent (40%) shall be used by the county commissioners
for general county purposes; sixty per cent (60%) of said seventy-five per cent
(75%) shall be allocated by the county board of commissioners and distributed
to the Halifax County Board of Education, the Weldon City Administrative Unit
and the Roanoke Rapids City Administrative Unit proportionately on a per capita
school enrollment basis and expended by the governing boards of the several
school units for necessary expenses in their respective units.
(c) The books
and records of the Halifax County Board of Alcoholic Control shall be audited
quarterly by the auditor or auditing firm employed to do the regular county
auditing and said quarterly audits shall be made available to the Board of
County Commissioners of Halifax County and to the public for inspection and
review.
(c1) Commencing July 1, 1995, the distribution of revenue and fiscal operations of the Halifax County Board of Alcoholic Control shall be conducted pursuant to the general law.
(d) The Halifax County Board of Commissioners, the Halifax County Board of Health and the Halifax County Board of Education shall hold a joint meeting within fourteen (14) days after adoption of this proposal, and at such meeting they shall elect the three members of the new Halifax County Board of Alcoholic Control in the manner provided in G.S. 18-41 and shall arrange for the audit directed by this Section."
Sec. 3. This act applies to Halifax County only.
Sec. 4. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 19th day of April, 1995.
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Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives