NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

CHAPTER 750

SENATE BILL 591

AN ACT TO AUTHORIZE THE QUALIFIED VOTERS OF THE TOWN OF WADESBORO TO DETERMINE WHETHER OR NOT ALCOHOLIC BEVERAGE CONTROL STORES SHALL BE ESTABLISHED IN SAID TOWN, AND TO PRESCRIBE THE DISPOSITION OF THE NET FUNDS THEREOF.

The General Assembly of North Carolina do enact:

Section 1. The Board of Commissioners of the Town of Wadesboro may at any time, upon petition filed by fifteen per cent (15%o) of the voters who voted in the last municipal election of said Town, call an election for the purpose of submitting the question as to whether or not Town Alcoholic Beverage Control Stores may be operated in said Town. At said election, if a majority of the votes cast shall be for the operation of such stores, it shall be legal for Alcoholic Beverage Control Stores to be set up and operated in the Town of Wadesboro.

Sec. 2. No election shall be held under the provisions of Section 1 of this Act less than sixty (60) days after the date that the election is called by the Board of Town Commissioners. If, within thirty (30) days following the publication of the call of the election, a county referendum for the County of Anson is called pursuant to G. S. 18-61, the municipal election shall be thereby stayed until after the said county election. If, at the said county election, a majority of the votes cast shall be for County Liquor Control Stores, the municipal election provided for herein for the Town of Wadesboro may not be held, but if, at the said county election, a majority of the votes cast shall be against the establishment of County Liquor Control Stores, the Board of Commissioners of the Town of Wadesboro may reset the date for the municipal election upon the question of the establishment of the Town of Wadesboro Alcoholic Beverage Control Stores. In resetting the date of the election, the Board of Commissioners shall give at least twenty (20) days public notice of the same prior to opening of the registration books.

Sec. 3. A new registration of voters for such election shall not be necessary and all qualified voters who are properly registered shall be entitled to vote in said election. Opportunity shall be given for additional registration as provided by law. In said election, a ballot shall be used upon which shall be printed on separate lines for each proposition: "For Town Alcoholic Beverage Control Stores", "Against Town Alcoholic Beverage Control Stores". Those favoring setting up and operating Alcoholic Beverage Control Stores in the Town of Wadesboro shall mark in the voting square to the left of the words, "For Town Alcoholic Beverage Control Stores" printed on the ballot; and those opposed to the Town Alcoholic Beverage Control Stores shall mark in the voting square to the left of the words, "Against Town Alcoholic Beverage Control Stores". Except as otherwise herein provided, if a special election is called, the election authorized shall be conducted under the same statutes, rules and regulations applicable to general elections of the Town Board of Commissioners of the Town of Wadesboro, and the cost thereof shall be paid from the general fund of the Town of Wadesboro.

Sec. 4. If the operation of Town Alcoholic Beverage Control Stores is authorized under the provisions of this Act, the Board of Commissioners of the Town of Wadesboro 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 shall be known and designated as "The Town of Wadesboro Board of Alcoholic Control". One member appointed by the Mayor and governing body of the Town of Wadesboro shall be designated the chairman of said Board and shall serve for his first term a period of three (3) years. As to the other members, one member shall be appointed by the governing body of the Town of Wadesboro and shall serve for his first term a period of two (2) years, and the other member shall be appointed by the Board of County Commissioners of Anson County and shall serve for his first term a period of one (1) year; and all terms shall begin with the date of their appointment. Thereafter, as the terms of the chairman and members expire, their successors in office shall serve for terms of three (3) years each, and until their successors are appointed and qualified. The Board of County Commissioners shall continue to appoint one member of the Board. Any vacancy shall be filled by the Town Board of Commissioners for the unexpired term. Compensation of the members of said Town Board of Alcoholic Control shall be fixed by the Board of Commissioners of the Town of Wadesboro.

Sec. 5. The said Town of Wadesboro Board of Alcoholic Control shall have all the powers and duties imposed by Section 18-45 of the General Statutes on County Board 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 Section 18-39 of the General Statutes. The said Town of Wadesboro Board of Alcoholic Control and the operation of any Town Alcoholic 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 except to the extent which the same may be in conflict with the provisions of this Act. Wherever the word "County" Board of Alcoholic Control appears in the said Article, it shall include the Town of Wadesboro Board of Alcoholic Control. The Town of Wadesboro Board of Alcoholic Control shall have authority to employ legal counsel or such other employees as it may deem wise and fix their compensation.

Sec. 6. Out of the net revenue remaining after the payment of all costs and operating expenses, and after retaining a sufficient and proper working capital, the Town of Wadesboro Board of Alcoholic Control shall expend the sum of not more than ten per cent (10%) for law enforcement purposes and for education as to the effects of the use of alcoholic beverages. The remainder of the net revenue shall be distributed by the Board of Commissioners of the Town of Wadesboro as follows: fifty per cent (50%) to the general fund of the Town of Wadesboro and fifty per cent (50%) to the general fund of Anson County.

Sec. 7. If, after the establishment of a liquor store, or stores, in the Town of Wadesboro, under the provisions of this Act, an election is called for the County of Anson pursuant to G. S. 18-61 and a majority of the votes cast in such election shall be for the establishment of County Liquor Stores in Anson County, then within six (6) months following the establishment of and opening of any County Liquor Control Stores, the Town Board of Alcoholic Control shall close the Town of Wadesboro Alcoholic Beverage Control Stores and shall thereafter cease to operate the same. During such six (6) months period, the Town Board of Alcoholic Control shall dispose of all alcoholic beverages on hand, all fixtures, and all other property in the hands and under the control of the Town Board of Alcoholic Control, and shall convert the same into money and, after making a true and faithful accounting, shall turn all money in its hands over to the general fund of the Town of Wadesboro. If, at the county election called pursuant to G. S. 18-61, a majority of the votes cast shall be against the establishment of County Liquor Control Stores, the Town Alcoholic Beverage Control Stores and the Town of Wadesboro Board of Alcoholic Control shall not be affected by the results of such election for the establishment of county liquor stores, and the provisions of Section 3, 4, and 5 hereof shall remain in full force and effect.

Sec. 8. In the event that Town Alcoholic Beverage Control Stores are authorized under the provisions of this Act, at any time after the expiration of four (4) years following the establishment of Town Alcoholic Beverage Control Stores in the Town of Wadesboro, if fifteen per cent (15%) of the registered voters of Anson County petition for a referendum to be held upon the question of whether the operation of the said Town Beverage Control Stores shall be continued, the Board of Commissioners of the County of Anson shall call a county election for the purpose of submitting the said question to the voters. At said election, if a majority of the votes cast shall be for the continuation of such stores, the provisions of this Act shall remain in full force and effect. If, at such election, the majority of the voters shall be against continuation of operation of Alcoholic Beverage Control Stores in the Town of Wadesboro, then within six (6) months following such election, the Town Board of Alcoholic Control shall close the Town of Wadesboro Alcoholic Beverage Control Stores and shall thereafter cease to operate same, disposing of all beverages, fixtures, and other property as provided for in Section 7 hereof.

Sec. 9. No election as herein provided shall be held within four (4) years of any other election which may have been held pursuant to the provisions of this Act. However, if a municipal election is held as provided in Section 1 of this Act, another such election may be held at any time after four (4) years regardless of the outcome of the initial election.

Sec. 10. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 11. 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 7th day of June, 1963.