NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 177

SENATE BILL 500

 

AN ACT TO AUTHORIZE THE QUALIFIED VOTERS OF THE CITY OF ASHEBORO TO DETERMINE WHETHER OR NOT WINE AND MALT BEVERAGES MAY LEGALLY BE SOLD AND WHETHER OR NOT ALCOHOLIC BEVERAGE CONTROL STORES MAY LEGALLY BE OPERATED IN SAID CITY.

 

The General Assembly of North Carolina enacts:

 

Section 1. The City Council of the City of Asheboro shall upon a petition to said city council signed by at least fifteen percent (15%) of the number of voters who voted in the last municipal election within said city order an election to be held no earlier than January 1, 1976, on the questions of whether or not wine and malt beverages may be sold in the City of Asheboro and whether or not alcoholic beverage control stores may be operated in said city. Said election on said questions shall be held on such date after January 1, 1976, as the City Council of the City of Asheboro may determine. Said election may be called and held on a date to be fixed by the city council, 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. Said election shall be conducted by the appropriate 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 authorized shall be conducted under the same statutes, rules and regulations applicable to general elections for the City of Asheboro.

Sec. 3. The ballot shall give the voter the opportunity to vote "FOR" or "AGAINST" the questions presented thereon.

On the issue of whether unfortified wine is to be sold, the ballot shall contain one or more of the following:

(1)       "FOR 'on-premises' sales of unfortified wine by Grade A hotels and restaurants only and 'off-premises' sales by other licensees.

            AGAINST 'on-premises' sales of unfortified wine by Grade A hotels and restaurants only and 'off-premises' sales by other licensees."

(2)       "FOR 'off-premises' sales only of unfortified wine.

            AGAINST 'off-premises' sales only of unfortified wine."

On the issue of whether malt beverages are to be sold, the ballot shall contain one or more of the following:

(1)       "FOR 'on-premises' and 'off-premises' sales of malt beverages,"

            AGAINST 'on-premises' and 'off-premises' sales of malt beverages," or

(2)       "FOR 'on-premises' sales only of malt beverages,

            AGAINST 'on-premises' sales only of malt beverages," or

(3)       "FOR 'off-premises' sales only of malt beverages,

            AGAINST 'off-premises' sales only of malt beverages," or

(4)       "FOR 'on-premises' sales of malt beverages by Grade A hotels and restaurants only and 'off-premises' sales by other licensees,

            AGAINST 'on-premises' sales of malt beverages by Grade A hotels and restaurants only and 'off-premises' sales by other licenses."

Any one or more of the above questions shall, if requested in the petition or by the city council, as authorized in this act, be placed on the same ballot.

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

"FOR Alcoholic Beverage Control Stores.

AGAINST Alcoholic Beverage Control Stores."

Sec. 4. 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 and within said three months the Alcoholic Beverage Control Board shall dispose of all alcoholic beverages on hand, all fixtures and all other properties in the hands and under the control of said board and shall convert the same into cash and deposit the same into the general fund of the City of Asheboro. Thereafter, any and all public, local and private laws applicable to the sale of alcoholic beverages within the city in force and effect prior to the authorization to operate alcoholic beverage control stores shall be in full force and effect the same as if such election had not been held, and until or unless another election is held under the provisions of the act in which a majority of the votes shall be cast "FOR Alcoholic Beverage Control Stores". No election shall be called and held in the City of Asheboro under the provisions of this act within three years from the holding of the last election hereunder. The City Council of the City of Asheboro shall upon a petition to said city council, signed by at least fifteen percent (15%) of the number of voters who voted in the last municipal election within said city order a subsequent election to be held. If the first election is against alcoholic beverage control stores, then no further election shall be held under this act.

Sec. 5. If the operation of alcoholic beverage control stores is authorized under the provisions of this act, the Mayor and City Council of the City of Asheboro shall immediately create 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 of alcoholic control shall be known and designated as the "City of Asheboro Board of Alcoholic Control". The chairman of said board shall be designated by the mayor and the city council of the city and shall serve for his first term a period of three years, and one member shall serve for his first term a period of two years, and the other member shall serve for a period 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 period of three years. Their successors, or any vacancy occurring in the board, shall be named or filled by the mayor and the city council of the city.

Sec. 6. The City of Asheboro Board of Alcoholic Control shall have all of the powers and duties imposed by G.S. 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 G.S. 18A-15 of the General Statutes. The said City of Asheboro Board of Alcoholic Control in the operation of any city alcoholic beverage control 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 City of Asheboro Board of Alcoholic Control.

Sec. 7. The net profits derived from the operation of alcoholic beverage control stores in the City of Asheboro shall be divided as follows:

(1)       Seventy-five percent (75%) shall be turned over to the general fund of the City of Asheboro.

(2)       Another fifteen percent (15%) shall be turned over to the general fund of the City of Asheboro to be spent, in the discretion of the city council, for charitable causes or city improvements.

(3)       Ten percent (10%) shall be expended for law enforcement and rehabilitation in the city.

Sec. 8. All laws and clauses of laws in conflict with this act are hereby repealed.

Sec. 9. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 28th day of April, 1975.