GENERAL ASSEMBLY OF NORTH CAROLINA

1993 SESSION

 

 

CHAPTER 193

HOUSE BILL 346

 

AN ACT TO AUTHORIZE ALCOHOLIC BEVERAGE ELECTIONS IN CITIES LOCATED IN TWO OR MORE COUNTIES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 18B-600 is amended by adding a new subsection to read:

"(e4)    Multicounty/City ABC Elections. - If a city is located in two or more counties, the following provisions shall apply:

(1)       The city may hold a malt beverage or unfortified wine election if any county in which a portion of the city is located has already held such an election, the vote in the last election of the particular type was against the sale of that type of alcoholic beverage, and the city has a population of 500 or more.

(2)       The city may hold a mixed beverage election if the city has at least 500 registered voters and a county in which a portion of the city is located operates ABC stores.

(3)       If an election is held by a city under this subsection, all of the city voters may vote in the election.  If the vote is for approval, alcoholic beverages may be sold on the basis of that approval and under the provisions of this Chapter.  If the sale of mixed beverages is approved, the mixed beverage permittees shall purchase their liquor from one or more ABC stores located within the city that have been designated by the local boards for those purchases.  The remaining gross receipts shall be distributed in accordance with existing law applicable to those ABC stores, except that after the applicable distributions have been made pursuant to G.S. 18B-805(b), (c), and (d), the local share of the mixed beverages surcharge and the guest room cabinet surcharge required by G.S.18B-804(b)(8) and (9) shall be distributed one-half to the general fund of the city where the mixed beverage permittees are located and one-half to the local ABC boards from whose stores liquor is purchased."

Sec. 2.  G.S. 18B-501(f) reads as rewritten:

"(f)      Contracts with Other Agencies. - Instead of hiring local ABC officers, a local board may contract to pay its enforcement funds to a sheriff's department, city police department, or other local law-enforcement agency for enforcement of the ABC laws within the agency's territorial jurisdiction.  Enforcement agreements may be made with more than one agency at the same time.  When such a contract for enforcement exists, the officers of the contracting law-enforcement agency shall have the same authority to inspect under G.S. 18B-502 that an ABC officer employed by that local board would have.  If a city located in two or more counties approves the sale of some type of alcoholic beverage pursuant to the provisions of G.S. 18B-600(e4), and there are no local ABC boards established in the city and one of the counties in which the city is located, the local ABC board of any county in which the city is located may enter into an enforcement agreement with the city's police department for enforcement of the ABC laws within the entire city, including that portion of the city located in the county of the ABC board entering into the enforcement agreement."

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 22nd day of June, 1993.

 

 

───────────────────

Dennis A. Wicker

President of the Senate

 

 

───────────────────

Daniel Blue, Jr.

Speaker of the House of Representatives