NORTH CAROLINA GENERAL ASSEMBLY
1965 SESSION

CHAPTER 722
SENATE BILL 322

AN ACT TO AUTHORIZE THE QUALIFIED VOTERS OF THE TOWN OF NORWOOD TO DETERMINE WHETHER ALCOHOL BEVERAGE CONTROL STORES SHALL BE ESTABLISHED IN THE SAID TOWN, AND TO PRESCRIBE THE NET PROCEEDS THEREOF.

The General Assembly of North Carolina do enact:

Section 1. The Board of Commissioners of the Town of Norwood may, upon petition filed by fifteen per cent (15%) of the voters who voted in the last municipal election of the said town for mayor, call an election for the purpose of submitting the question as to whether town Alcohol Beverage Control Stores may be operated in said town. If the town board calls an election, said election shall be called within ninety days, after such petition is filed, on a date to be fixed by the Board of Commissioners of the Town of Norwood as herein prescribed, and at least thirty days' public notice shall be given prior to the date of the election, notwithstanding the nearness of date within which any other type of election may be held. At such election, if a majority of the votes cast at said election shall be against the operation in the town under the provisions of this Act. If a majority of the votes cast shall be for the operation of such stores, it shall be legal for Alcohol Beverage Control Stores to be set up and operated in said town.
Sec. 2. A new registration of voters for such election shall not be necessary. In said election a ballot shall be used upon which shall be printed on separate lines for each proposition "For Alcohol Beverage Control Stores", and "Against Alcohol Beverage Control Stores". Those favoring setting up and operating Alcohol Beverage Control Stores in the Town of Norwood shall mark in the voting square to the left of the words "For Alcohol Beverage Control Stores" printed on the ballot, and those opposed to town Alcohol Beverage Control Stores shall mark in the voting square to the left of the words "Against Alcohol Beverage Control Stores". Excepting as otherwise herein provided, if a special election is called, the election authorized shall be conducted under the same statutory laws and regulations applicable to regular municipal elections for the Board of Commissioners in the Town of Norwood, and the costs thereof shall be paid from the general fund of the Town of Norwood.
Sec. 3. If the operation of municipal Alcohol Beverage Control Stores is authorized under the provisions of this Act, the Board of Commissioners of the Town of Norwood shall create immediately a municipal Board of Alcohol Control to be composed of three members who shall be well known for their character, ability, and business acumen. The Town of Norwood shall appoint the chairman and one other member, and the County Commissioners of Stanly County shall appoint the third member.
Said board shall be known and designated as the "Town of Norwood Board of Alcohol Control". The member designated as chairman shall serve for his first term a period of three years. As to other members, the second member appointed by the Town of Norwood shall serve for his first term a period of two years, and the other member appointed by the Commissioners of Stanly County shall serve for his first term a period of one year, and all terms shall begin with the date of their appointment. Thereafter, as the terms of the chairman and the members expire, their successors in the office shall serve for terms of three years each and until their successors are appointed and qualified. Any vacancy on said board will be filled by the board that made the appointment. Compensation of the members of the said Town of Norwood Board of Alcohol Control shall be fixed by the Board of Commissioners of the Town of Norwood.
Sec. 4. The Town of Norwood Board of Alcohol Control shall have all the powers and duties imposed by Section 18‑45 of the General Statutes on county boards of Alcohol Control and shall be subject to the powers and authority of the State Board of Alcohol Control the same as county boards of Alcohol Control, as provided in Section 18‑39 of the General Statutes. The Town of Norwood Board of Alcohol Control and the operation of any city Alcohol 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 Alcohol Control appears in this Article, it shall include the Town of Norwood Board of Alcohol Control. The Town of Norwood Board of Alcohol 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 net revenue, five per cent (5%) and no more than ten per cent (10%) may be expended for law enforcement purposes. Any officers employed by the Board of Alcohol Control shall have jurisdiction throughout Stanly County. Out of net revenue, up to five per cent (5%) may be expended for Alcoholic Education as to the effects of the use of Alcoholic Beverages. Out of the net revenue remaining after the payment of all costs and operating expenses and after retaining a sufficient working capital, the Town of Norwood Board of Alcohol Control shall on a quarterly basis pay fifty per cent (50%) of said revenue to the general fund of the Town of Norwood, and fifty per cent (50%) of the net revenue to the general fund of Stanly County; provided, if Alcohol Control Stores are established in the City of Albemarle then net proceeds shall be divided as follows: The Town of Norwood Board of Alcohol Control shall on a quarterly basis pay over eighty‑five per cent (85%) of said net revenue to the general fund of the Town of Norwood and fifteen per cent (15%) of the net revenue to the general fund of Stanly County.
Sec. 6. No election as hereinbefore called for under the Act may be held more often than once every three years.
Sec. 7. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 8. 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 28th day of May, 1965.