NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 213

SENATE BILL 469

 

 

AN ACT TO AUTHORIZE THE QUALIFIED VOTERS OF THE TOWN OF MAGGIE VALLEY TO DETERMINE WHETHER OR NOT ALCOHOLIC BEVERAGE CONTROL STORES MAY LEGALLY BE OPERATED IN SAID TOWN.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The Town of Maggie Valley is hereby authorized to hold an election to determine whether or not alcoholic beverage control stores may be operated in said city.  The Board of Aldermen of the Town of Maggie Valley shall, by resolution, call for a special election on said question upon receipt of a petition signed by at least fifteen percent (15%) of the registered voters of the town, according to the registration figures as certified by the board of elections or upon the passage of a resolution by a majority of its members requesting that the board of elections hold such an election on said question.  Said election may be called and held on a date to be fixed by the board of aldermen, but said election shall not be held within 45 days of the date of any general, special or primary election to be held in the city. Provided, however, that said election may be held, in the discretion of the council, on the same day of a general, special, or primary election held within the city.  Said election shall be conducted by the Haywood County Board of Elections and the costs thereof shall be paid from the general fund of said city.

Sec. 2. 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. Except as otherwise herein provided, if a special election is called, the special election shall be conducted under the same statutes, rules and regulations applicable to general elections for the Town of Maggie Valley.

Sec. 3. The ballot shall give the voter the opportunity to vote "For" or "Against" the question presented thereon. Absentee ballots shall not be allowed in the said election.

On the issue of whether to establish town alcoholic beverage control stores, the ballots shall contain the following:

"FOR Alcoholic Beverage Control Stores.

AGAINST Alcoholic Beverage Control Stores."

If, at the first election held hereunder, a majority vote is cast against alcoholic beverage control stores, then no further elections shall be held under this act. If a subsequent election shall be held and at such election a majority of the votes shall be cast "Against Alcoholic Beverage Control Stores", the alcoholic beverage control board shall, within three months from the canvassing of such votes and the declaration of the results thereof, close said stores and shall thereafter cease to operate the same. No election shall be called and held under the provisions of this act within three years of the last election thereunder.

Sec. 4. If the operation of alcoholic beverage control stores is authorized under the provisions of this act, the Mayor and Board of Aldermen of the Town of Maggie Valley shall immediately create a Town 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 of alcoholic control shall be known and designated as the "Town of Maggie Valley Board of Alcoholic Control". The chairman of said board shall be designated by the Mayor and the Board of Aldermen of the Town of Maggie Valley and shall serve for a term of three years, and one member shall serve for a term of two years, and the other member shall serve for a term of one year; and all 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 term of three years. Their successors, or any vacancy occurring in the board, shall be named or filled by the mayor and the board of aldermen.

Sec. 5. The Town of Maggie Valley Board of Alcoholic Control shall have all of the powers and duties imposed by Section 18A-17 of the General Statutes of North Carolina 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 18A-15 of the General Statutes. The said Town of Maggie Valley Board of Alcoholic Control in the operation of any town liquor stores authorized under the provisions of this act shall be subject to 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 Town of Maggie Valley Board of Alcoholic Control.

Sec. 6. The Maggie Valley Board of Alcoholic Control shall, out of the gross revenue derived from the operation of alcoholic beverage control stores, pay all salaries, costs and operating expenses and retain a sufficient and proper working capital, the amount thereof to be determined by the board. The remaining revenue, as determined by quarterly audit, shall be distributed as follows:

(a)       Eighty percent (80%) shall be turned over to the general fund of the Town of Maggie Valley to be expended for any purpose or purposes, including recreation, deemed fit and proper by the board of aldermen.

(b)       Ten percent (10%) shall be turned over to the general fund of the Town of Maggie Valley to be expended, at the direction of the board of aldermen, for law enforcement in the town and enforcement of alcoholic beverage control laws.

(c)       Ten percent (10%) shall be turned over to the general fund of the Town of Maggie Valley to be expended, at the direction of the board of aldermen, for community service activities and education on the excessive use of alcoholic beverages and the rehabilitation of alcoholics.

Sec. 7. If, after the establishment of alcoholic beverage control stores, such stores are voted out of the Town of Maggie Valley, all property owned by the ABC System of the Town of Maggie Valley shall be sold and the proceeds of such sale shall go to the town's general fund.

Sec. 8. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 26th day of March, 1979.