NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 546

HOUSE BILL 780

 

 

AN ACT TO AUTHORIZE THE QUALIFIED VOTERS OF THE TOWN OF GRANITE FALLS TO DETERMINE WHETHER ALCOHOLIC BEVERAGE CONTROL STORES SHALL BE ESTABLISHED IN SAID TOWN AND TO PRESCRIBE THE METHOD OF OPERATION AND THE DISPOSITION OF THE NET PROFITS THEREOF.

 

The General Assembly of North Carolina do enact:

 

Section 1. Upon a petition to the governing body of the Town of Granite Falls, signed by residents of the said town equal in number to fifteen per cent (15%) of the number of votes cast by resident voters of said town in the last town election, all said petitioners being registered and qualified voters of said town, the governing body of said town shall order an election to be held on the question of whether or not town Alcoholic Beverage Control stores may be operated in the Town of Granite Falls; and if a majority of the votes cast in such an election shall be for the operation of such stores, it shall be legal for Alcoholic Beverage Control stores to be set up and operated in the Town of Granite Falls, but if a majority of the votes cast in said election shall be against the operation of said Alcoholic Beverage Control stores, no such stores may be set up or operated in the Town of Granite Falls under the provisions of this Act.

Sec. 2. The governing body of the Town of Granite Falls shall submit the question hereinabove mentioned and call a special election for the purpose of submitting said question at any time after the receipt of the petition required by Section 1 of this Act. In the event said special election is called the same shall be held and conducted on the date fixed by the governing body of the Town of Granite Falls. A new registration of 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 in said Alcoholic Beverage Control 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 Alcoholic Beverage Control Stores", "Against Town Alcoholic Beverage Control Stores". Those favoring setting up and operating Alcoholic Beverage Control stores in the Town of Granite Falls shall mark in the voting square to the left of the words, "For Town Alcoholic Beverage Control Stores", printed on the ballot and those opposed to town Alcoholic Beverage Control stores shall mark in the square to the left of the words, "Against Town Alcoholic Beverage Control Stores". Except as otherwise herein provided, if a special election is called, the special election authorized shall be conducted under the same statutes, rules and regulations applicable to general elections for the governing body of the Town of Granite Falls, and the cost shall be paid from the general fund of the Town of Granite Falls.

Sec. 3. If the operation of town Alcoholic Beverage Control stores is authorized under the provisions of this Act, the governing body of the Town of Granite Falls 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 shall be known and designated as "The Town of Granite Falls Board of Alcoholic Control". The members and chairman of said board shall be designated by the mayor and governing body of the town and a member designated as chairman shall serve for his first term a period of three (3) years. As to the other members, one member shall serve for his first term a period of two (2) years, and the other member shall serve for his first term a period of one (1) year; and all terms shall begin with the date of their appointment. Thereafter, as the terms of the chairman and members expire, their successors in office shall serve for terms of three (3) years each, and until their successors are appointed and qualified. Any vacancy shall be filled by the governing body of the Town of Granite Falls for the unexpired term. Compensation of the members of said Town Board of Alcoholic Control shall be fixed by the governing body of the Town of Granite Falls.

Sec. 4. The said Town of Granite Falls Board of Alcoholic Control shall have all the powers and duties imposed by G. S. 18-45 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 G. S. 18-39. The said Town of Granite Falls Board of Alcoholic Control and the operation of any town Alcoholic Beverage Control stores 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 of North Carolina except 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 Town of Granite Falls Board of Alcoholic Control. The Town of Granite Falls Board of Alcoholic Control shall have authority to employ legal counsel and such other employees as it may deem wise and fix their compensation.

Sec. 5. Out of the gross profits derived from the operation of said Alcoholic Beverage Control stores and after the payment of all costs and operating expenses and after retaining sufficient and proper working capital, the amount thereof to be determined by the Town of Granite Falls Board of Alcoholic Control, said board shall further expend an amount as necessary for law enforcement purposes of not less than five per cent (5%) nor more than ten per cent (10%) thereof, to be determined by quarterly audit, which amount shall supplement and not supplant the amount usually budgeted for such purposes by the Town of Granite Falls. In the expenditure of said funds, the said Town Board of Alcoholic Control shall employ the one or more persons as law enforcement officer or officers to be appointed by and directly responsible to the said board. The person or persons so appointed shall, after taking the oath prescribed by law for peace officers, have the same powers and authorities within Caldwell County as other peace officers. And any such person or persons so appointed, or any other peace officer while in hot pursuit of anyone found to be violating the prohibition laws of this State, shall have the right to go into any other county of the State and arrest such person therein so long as such hot pursuit of such person shall continue, and the common law of hot pursuit shall be applicable to said offenses and such officer or officers. Any law enforcement officer appointed by the said Town Board of Alcoholic Control and any other peace officer are hereby authorized, upon request of the sheriff or other lawful officer in any other county, to go into such other county and assist in suppressing a violation of the prohibition laws therein, and while so acting, shall have such powers as a peace officer as are granted to him in Caldwell County and be entitled to all of the protection provided for said officer while acting in his own county.

Out of the net profits derived from the operation of said Alcoholic Beverage Control stores, the Town of Granite Falls Board of Alcoholic Beverage Control shall, on a quarterly basis, pay over to the following named governing bodies, department, boards and agencies amounts equal to the percentages of the net profits which shall be expended by said agencies for the following purposes and none other, as follows:

(a)       Ten per cent (10%) to be given to the Caldwell County Board of Education to be distributed on per capita basis.

(b)       Ten per cent (10%) to be given to the Granite Falls Recreation Commission for capital expenditures and to supplement its operating income.

(c)       Thirty per cent (30%) to be given to Granite Falls School District to be distributed by the Granite Falls District School Board.

(d)       Fifty per cent (50%) to be paid into the general fund of the Town of Granite Falls.

The funds paid over to each of the above agencies, as provided for in this Section, may be accumulated from year to year, if in the opinion of their governing bodies same should be done, and do not necessarily have to be used in the year collected and paid over.

Sec. 6. The Town of Granite Falls Board of Alcoholic Control may authorize the establishment and operation of additional stores within the municipality if in its discretion it finds the same desirable.

Sec. 7. If a subsequent election shall be held and at such election a majority of the votes cast shall be cast "Against Town Alcoholic Beverage Control Stores", the Town Alcoholic Control Board shall, within three (3) months after the canvassing of such votes and the declaration of the results thereof, close said stores and shall thereafter cease to operate the same, and within said three (3) months the Town Control Board shall dispose of all alcoholic beverages on hand, all fixtures and all other property in the hand 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 Town of Granite Falls in force and effect prior to the authorization to operate town Alcoholic Beverage Control stores shall be in full force and effect the same as if such election had not been held, and until and unless another election is held under the provisions of this Act in which a majority of the votes cast shall be cast "For Town Alcoholic Beverage Control Stores". No election shall be called and held in the Town of Granite Falls under the provisions of this Act within three (3) years from the holding of the last election thereunder.

Sec. 8. All laws and clauses of laws in conflict with the provisions of 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 23rd day of May, 1963.