S.L. 1975-114

1975 SESSION

CHAPTER 114

HOUSE BILL 249

AN ACT AUTHORIZING THE ESTABLISHMENT OF A CITY LIQUOR CONTROL STORE IN THE CITY OF CHERRYVILLE, UPON A VOTE OF THE PEOPLE, AND PROVIDING FOR THE ALLOCATION OF THE NET PROCEEDS FROM THE OPERATION OF SUCH STORE.

The General Assembly of North Carolina enacts:

Section 1. The governing body of the City of Cherryville may, if requested by a petition signed by at least fifteen percent (15%) of the registered voters of Cherryville, order an election to be held on the question of whether or not a city liquor control store may be operated in the City of Cherryville, and if a majority of the votes cast in such election shall be for the operation of such a store, it shall be legal for a liquor control store to be set up and operated in said city under the provisions of this act. In the event the governing body of the City of Cherryville orders a special election herein provided for, said election shall be held on such date as determined by said governing body. Provided, that the special election shall not be held on or within 60 days of any biennial election for county officers.

Sec. 2. In calling for such special liquor election, the board of elections shall give at least 30 days public notice of the same prior to the closing of the registration books. A new registration of voters for such special liquor election shall not be held and all qualified voters 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 City Liquor Control Store", "Against City Liquor Control Store". Those favoring setting up and operating a liquor store in the City of Cherryville shall mark in the voting square to the left of the words "For City Liquor Control Store", printed on the ballot; and those opposed to a city liquor control store shall mark in the voting space to the left of the words "Against City Liquor Control 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 city of Cherryville.

Sec. 3. If, after the first election, upon a petition signed by at least fifteen percent (l5%) of the registered and qualified voters of the city, the governing body shall call an election and at such election a majority of the votes shall be "Against City Liquor Control Store", the city liquor control board 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 city control board 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 city treasurer. Thereafter, all public, public-local and private laws applicable to the sale of intoxicating beverages within said City of Cherryville in force and effect prior to the authorization to operate a city 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 City Liquor Control Store". No election shall be called and held in the City of Cherryville under the provisions of this section within three years from the holding of the last election thereunder. It shall be the duty of the governing body of the City of Cherryville to order the special liquor election herein authorized in this section within 60 days after a 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 city general election or primary election, or within 60 days of any such election.

Sec. 4. If the operation of a city liquor control store is authorized under the provisions of this act, the mayor and governing body of the City of Cherryville shall immediately appoint a city 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 City of Cherryville Board of Alcoholic Control". The chairman of said Board shall be designated by the governing body of the city and shall serve for his first term a period of two years, and the other members shall serve for a period of one year; and all terms shall begin with the date of their appointment, and after the first 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 board of the city. The Board of Alcoholic Control shall report monthly to the city board the status and financial condition of the Alcoholic Control Board and the books of the said Board of Alcoholic Control shall be available for inspection and examination by the members of the city board at any time.

Sec. 5. The City of Cherryville Board of Alcoholic Control shall have all of the powers and duties imposed by Chapter 18A of the General Statutes on County Boards of Alcoholic Control, except as otherwise provided herein, 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 Chapter 18A of the General Statutes. The said City of Cherryville Board of Alcoholic Control and the operation of any city liquor store authorized under the provisions of this act shall be subject to and in pursuance with the provisions of Chapter 18A of the General Statutes, except to the extent which the same may be in conflict with the provisions of this act. Whenever the word "County" Board of Alcoholic Control appears in said Chapter, it shall include the City of Cherryville Board of Alcoholic Control.

Sec. 6. The net profits, as determined by quarterly audit, shall be distributed and used as follows: After deducting from the gross receipts realized from the sale of alcoholic beverages all salaries, expenses, and after retaining sufficient working capital, the ABC Board shall pay the net profits, as determined by quarterly audit, to the General Fund of the City of Cherryville. The City ABC Board shall not employ any ABC officers. The provisions of subdivision (14) of G.S. 18A-17 (concerning expenditures for law enforcement, education on the use of alcohol, and rehabilitation of alcoholics) shall not apply to the City of Cherryville Board of Alcoholic Control.

The City of Cherryville is authorized to expend the net profits for any proper governmental purpose and shall employ additional law enforcement officers to enforce the ABC laws if the governing body deems it necessary. If the first election is against city liquor control stores, then no other election shall be held pursuant to this act.

Sec. 7. The City of Cherryville is hereby authorized to hold an election in accordance with the provisions of G.S. 18A-52 and G.S. 18A-53, but only on the following issue:

[ ] FOR "off-premises" sale of unfortified wine and beer.

[ ] AGAINST "off-premises" sale of unfortified wine and beer.

Sec. 8. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 8th day of April, 1975.