GENERAL ASSEMBLY OF NORTH CAROLINA

1993 SESSION

 

 

CHAPTER 32

SENATE BILL 130

 

AN ACT TO MODIFY THE DISTRIBUTION OF THE PROFITS FROM THE CITY OF MONROE ABC SYSTEM.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Section 6 of Chapter 541 of the 1963 Session Laws reads as rewritten:

"Sec. 6.  The City Board of Alcoholic Beverage Control shall have all the powers and duties prescribed for County Local ABC Boards of Alcoholic Control by G.S. 18-45 18B-701 and shall be subject to the powers and authority of the State Board of Alcoholic Control North Carolina Alcoholic Beverage Commission to the same extent as are County Local ABC Boards of Alcoholic Control set forth in G.S. 18-39. G.S. 18B-203.  The City of Monroe Board of Alcoholic Control and the operation of Municipal Alcoholic Beverage Control stores authorized under the provisions of this Act shall be subject to the provisions of Article 3 of Chapter 18 Articles 7 and 8 of Chapter 18B of the General Statutes except to the extent that such provisions may be in conflict with this Act.  Wherever the word 'County' 'Local' Board of Alcoholic Control appears in said Article it shall apply to and include the City of Monroe Board of Alcoholic control. Control.  The City of Monroe Board of Alcoholic Control shall have authority to employ legal counsel and such other employees as it may deem necessary and fix their compensation.  The per diem and subsistence allowance for the City of Monroe Board of Alcoholic Control shall be fixed by the governing body of the City of Monroe.  The City of Monroe Board of Alcoholic Control shall have authority to issue purchase transportation permits as provided in G.S. 18B-403 and shall be governed by and follow G.S. 18B-501 with respect to enforcement."

Sec. 2.  Section 7 of Chapter 541 of the 1963 Session Laws, as amended by Chapter 165 of the 1965 Session Laws and Chapter 197 of the 1989 Session Laws, reads as rewritten:

"Sec. 7.  Out of the gross profits derived from the operation of said Alcoholic Beverage Control stores and after the payment of all costs and operating expenses, and after obtaining sufficient and proper working capital, the amount thereof to be determined by the City of Monroe Board of Alcoholic Beverage Control, said board shall expend an amount for law enforcement purposes of not less than five per cent (5%) nor more than 10 per cent (10%) thereof to be determined by quarterly audits, which amount shall supplement and not supplant the amount usually budgeted for such purposes by the City of Monroe.  In the expenditure of said funds, the City Board of Alcoholic Control shall employ one or more persons as law enforcement officer or officers to be appointed by and directly responsible to the said board.  The person or persons so appointed shall, after taking the oath prescribed by law for peace officers, have the same powers and authorities within the city limits of the City of Monroe as other peace officers or the Board may contract for law enforcement pursuant to G.S. 18B-501(f).  Any such person or persons so appointed, or any other peace officer while in hot pursuit of anyone found to be violating the prohibition laws of this State, shall have the right to go into any other county of the State and arrest such defendant therein so long as such hot pursuit of such person shall continue, and the common law of hot pursuit shall be applicable to said offenses and such officer or officers.  Any law enforcement officer appointed by the said Board of Alcoholic Control and any other peace officer is hereby authorized, upon request of the sheriff or other lawful officer in any other county, to go into such other county and assist in suppressing a violation of the prohibition laws therein, and while so acting shall have such powers as a peace officer as are granted to him in Union County and be entitled to all the protection provided for said officer while acting in his own county.

In addition, the City of Monroe Board of Alcoholic Control is authorized, in its discretion, to expend for education as to the effects of the use of alcoholic beverages and for the rehabilitation of alcoholics not more than five per cent (5%) of its gross profits, to be determined by quarterly audits, but in no event shall a sum in excess of ten per cent (10%) of the gross profits be spent for the combined purposes of law enforcement, education and rehabilitation.

Out of the net profits derived from the operation of said Alcoholic Beverage Control stores, the City of Monroe Board of Alcoholic Beverage Control shall on a quarterly basis pay over to the following named governing bodies, departments, boards, and agencies amounts equal to the following percentages of the net profits which shall be expended by said governing bodies, departments, boards, and agencies for these purposes and none other as follows: The distribution of revenue made by the City of Monroe Board of Alcoholic Beverage Control shall be consistent with G.S. 18B-805.  The schedule of other distributions of revenue authorized under G.S. 18B-805(e)            shall be as follows:

(a)       Fifty per cent percent (50%) to go to the general fund of the City of Monroe.

(b)       Twenty-five per cent percent (25%) to go to the general fund of Union County.

(c)       Twelve per cent (12%) to go to the Monroe School Board.

(d)       Twelve per cent (12%) Twenty-four percent (24%) to go to the Union County Board of Education.

(e)       One per cent percent (1%) to go to the Union County Library."

Sec. 2.  This act becomes effective July 1, 1993.

In the General Assembly read three times and ratified this the 26th day of April, 1993.

 

 

 

 

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Dennis A. Wicker

President of the Senate

 

 

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Daniel Blue, Jr.

Speaker of the House of Representatives