Title: S.L. 1975-291
Category: Session Law

NORTH CAROLINA GENERAL ASSEMBLY
1975 SESSION

CHAPTER 291
HOUSE BILL 336

AN ACT TO AUTHORIZE THE QUALIFIED VOTERS OF THE TOWN OF BOILING SPRING LAKES TO DETERMINE WHETHER OR NOT WINE AND BEER MAY LEGALLY BE SOLD ON-PREMISES AND 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 Boiling Spring Lakes is hereby authorized to hold an election to determine whether or not unfortified wine and malt beverages may be sold in the Town of Boiling Spring Lakes for on-premise consumption and whether or not alcoholic beverage control stores may be operated in said Town. The Board of Commissioners of the Town of Boiling Spring Lakes shall call a special election on said questions upon receipt of a petition signed by at least 15% of the registered voters of the town according to the registration figures as certified by the Board of Elections.  Said election may be called and held on a date to be fixed by the Board, 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 Town.  Provided, however, that said election may be held, in the discretion of the Board, on the same day of a general, special, or primary election held within the Town.  Said election shall be conducted by the said Board and the costs thereof shall be paid from the general fund of said Town.
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 Town of Boiling Spring Lakes.
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 the following: 
"[ ]	FOR 'on-premises' sales of unfortified wine by Grade A hotels and restaurants only.
[ ]	AGAINST 'On-premises' sales of unfortified wine by Grade A hotels and restaurants only."
On the issue of whether malt beverages are to be sold, the ballot shall contain the following:
"[ ]	FOR 'on-premises' sales of malt beverages.
[ ]	AGAINST 'on-premises' sales of malt beverages."
On the issue of whether to establish town 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 3 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 3 months the alcoholic beverage 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 deposit the same in the general fund of the Town of Boiling Spring Lakes.  Thereafter, any and all public-local and private laws applicable to the sale of alcoholic beverages within the Town 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 Town of Boiling Spring Lakes under the provisions of this act within three years from the holding of the last election thereunder.  If the first election held under this act 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 Board of Commissioners of the Town of Boiling Spring Lakes 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 Boiling Spring Lakes Board of Alcoholic Control". The chairman of said Board shall be designated by the Mayor and the Board of Commissioners of the Town 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 of filled by the Mayor and the Board of Commissioners of the Town.
Sec. 6. The Town of Boiling Springs Lakes Board of Alcoholic Control shall have all 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 Town of Boiling Spring Lakes Board of Alcoholic Control and the operation of any town liquor stores authorized under the provisions of this act shall be subject to and pursuant 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 Town of Boiling Spring Lakes Board of Alcoholic Control. Provided, that the Town Board is hereby authorized to provide, in its discretion, for the sale of fortified and unfortified wines in all alcoholic beverage control stores in the Town of Boiling Spring Lakes. The net profits derived from the operation of the A.B.C. stores (after deducting necessary working capital and paying salaries and expenses) shall be paid quarterly to the General Fund of the Town of Boiling Spring Lakes; and the A.B.C. Board shall not make expenditures for law enforcement, education and rehabilitation as provided by G.S. 18A-17(14).
Sec. 7. All laws and clauses of laws in conflict with this act are hereby repealed.
Sec. 8. This act shall become effective upon ratification.
In the General Assembly read three times and ratified, this the 14th day of May, 1975.

Page 	S.L. 1975-291	House Bill 336

House Bill 336	S.L. 1975-291	Page