NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 122

HOUSE BILL 448

 

AN ACT TO AUTHORIZE THE QUALIFIED VOTERS OF THE CITY OF ARCHDALE TO DETERMINE 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 of Archdale is hereby authorized to hold an election to determine whether or not alcoholic beverage control stores may be operated in said City. The City Council of the City of Archdale may call a special election on said questions at an election to be held on such date as the Council may determine. Said election may be called and held on a date to be fixed by the 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. 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 said Council 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 Archdale.

Sec. 3. The ballot shall give the voter the opportunity to vote "For" or "Against" the question presented thereon.

On the issue of whether to establish City Alcoholic Beverage Control Stores, the ballots 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 convert the same into cash and deposit the same into the general fund of the City of Archdale. 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 Archdale under the provisions of this act within three years from the holding of the last election thereunder. The City Council of the City of Archdale may on its own motion and shall upon a petition to said council, signed by at least fifteen percent (15%) of the registered and qualified voters of the municipality, order a subsequent election to be held.

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 Archdale 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 Archdale 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 members 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 Archdale Board of Alcoholic Control shall have all 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 G.S. 18A-15 of the General Statutes. The said City of Archdale Board of Alcoholic Control in the operation of any City 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 City of Archdale Board of Alcoholic Control.

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

(1)       Seventy-five percent (75%) shall be turned over to the general fund of the City of Archdale to be expended for any purpose or purposes, including recreation, deemed fit and proper by the City Council.

(2)       Fifteen percent (15%) shall be expended for law enforcement in the City.

(3)       Ten percent (10%) shall be expended for education on the excessive use of alcoholic beverages and for the rehabilitation of alcoholics.

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 9th day of April, 1975.