Title: S.L. 1967-830

NORTH CAROLINA GENERAL ASSEMBLY
1967 SESSION

CHAPTER 830
SENATE BILL 619

AN ACT TO AUTHORIZE THE QUALIFIED VOTERS OF THE CITY OF GASTONIA TO DETERMINE WHETHER WINE AND BEER MAY BE LEGALLY SOLD AND ALCOHOLIC BEVERAGE CONTROL STORES OPERATED IN THE CITY OF GASTONIA.

The General Assembly of North Carolina do enact:

Section 1. The City Council of the City of Gastonia is hereby authorized, in its discretion, to call a special election to be held on the question of whether wine and beer may be legally sold in the City of Gastonia for off‑premise consumption and Alcoholic Beverage Control Stores operated in said city. The city council may call the special election to be held on such date as it may determine. The cost of the special election shall be paid from the general fund of the 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 Gastonia.
Sec. 3. In the event said special election is called by the city council, the ballot shall contain the following proposition: "For the legal sale of beer and wine for off-premise consumption, and the establishment and operation of Alcoholic Beverage Control Stores in the City of Gastonia", "Against the legal sale of beer and wine for off-premise consumption, and the establishment and operation of Alcoholic Beverage Control Stores in the City of Gastonia".
Sec. 4. If a majority of the votes cast in such election shall be for the legal sale of beer and wine for off-premise consumption and the establishment and operation of Alcoholic Beverage Control Stores in the City of Gastonia, then the City Council of the City of Gastonia shall issue only "off -premises" license to sell beer and/or wine as defined in G. S. 18-64, as provided in Chapter 18 of the General Statutes, notwithstanding any public, special, local or private act to the contrary whether passed before or after the ratification of this Act; and it shall then be legal for Alcoholic Beverage Control Stores to be set up and operated in the City of Gastonia, but if a majority of the votes cast in such election shall be against Alcoholic Beverage Control Stores, no such stores shall be set up or operated in the City of Gastonia under the provisions of this Act.
Sec. 5. 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 property in the hands and under the control of said board and convert the same into cash and the same be deposited in the general fund of the City of Gastonia. Thereafter, all public, local and private laws applicable to the sale of intoxicating beverages within the City of Gastonia 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 and 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".
Sec. 6. If the operation of City Alcoholic Beverage Control Stores is authorized under the provisions of this Act, the City Council of the City of Gastonia shall immediately create a City Board of Alcoholic Beverage Control, to be known and designated as the "City of Gastonia Board of Alcoholic Beverage Control", to be composed of five members, each of whom shall be residents of the City of Gastonia and shall be well known for their good character, ability and business acumen, and none of which shall be an employee of said board. The City Council of the City of Gastonia shall appoint one member to serve on said board for a term expiring June 30, 1968, two members to serve on said board for a term expiring June 30, 1969, and two members to serve on said board for a term expiring June 30, 1970, all terms to begin with the date of appointment. Thereafter, as the terms of the board members expire, their successors shall be appointed by the City Council of the City of Gastonia to serve for terms of three years each. The City Council of the City of Gastonia shall designate from the membership of said board one member as chairman of said board to serve in said capacity for an initial term expiring June 30, 1968, and thereafter, as the term of the chairman of said board expires, his successor as chairman of said board shall be appointed by the City Council of the City of Gastonia from the membership of said board for a term of one year. The City Council of the City of Gastonia shall have the right to remove any member from said board for any cause it shall determine sufficient. Any vacancy occurring in the membership or chairmanship of said board by death, resignation or otherwise shall be filled by the City Council of the City of Gastonia for the unexpired term of the position in which such vacancy occurs. The compensation of the members and chairman of said board shall be fixed and determined by the City Council of the City of Gastonia.
Sec. 7. The City Board of Alcoholic Beverage Control shall have all the powers and duties prescribed for county boards of alcoholic control by G. S. 18-45, except the powers contained in G. S. 18-45(15), and shall be subject to the powers and authority of the State Board of Alcoholic Control to the same extent as are county boards of alcoholic control set forth in G. S. 18-39, except as to the powers and authority of said State Board contained in G. S. 18-39(10). The City of Gastonia Board of Alcoholic Beverage Control shall be subject to the provisions of Article 3 of Chapter 18 of the General Statutes except to the extent that such provisions may be in conflict with this Act. Wherever the word "county" board of alcoholic control appears in said Article it shall apply to and include the City of Gastonia Board of Alcoholic Beverage Control. The City of Gastonia Board of Alcoholic Beverage Control shall have authority to employ legal counsel, accountants, and such other agents or employees as it may deem necessary and fix their compensation.
Sec. 8. The City of Gastonia Board of Alcoholic Beverage Control shall, out of the gross revenue derived from the operation of Alcoholic Beverage Control Stores, pay all salaries, costs and operating expenses and retain a sufficient and proper working capital, the amount thereof to be determined by the City Board of Alcoholic Beverage Control. The remaining revenue, as determined by quarterly audit, shall be paid quarterly by the City of Gastonia Board of Alcoholic Beverage Control into the general fund of the City of Gastonia. The City Council of the City of Gastonia is hereby authorized to expend revenue derived from the operation of the Alcoholic Beverage Control Stores for any and all purposes for which it may expend tax and nontax revenue.
Sec. 9. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 10. 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 20th day of June, 1967.

Page 	S.L. 1967-830	Senate Bill 619

Senate Bill 619	S.L. 1967-830	Page