Title: S.L. 1967-366

NORTH CAROLINA GENERAL ASSEMBLY
1967 SESSION

CHAPTER 366
HOUSE BILL 849 

AN ACT TO AUTHORIZE THE QUALIFIED VOTERS OF THE TOWN OF SILER CITY TO DETERMINE WHETHER ALCOHOLIC BEVERAGE CONTROL STORES SHALL BE OPERATED IN THE TOWN OF SILER CITY.

The General Assembly of North Carolina do enact:

Section 1. The governing body of the Town of Siler City is hereby authorized, in its discretion, to call a special election to be held on the question of whether Alcoholic Beverage Control Stores may be operated in said town. The governing body 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 town.
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 Town of Siler City.
Sec. 3. In the event a special election is called under the provisions of Section 1 of this Act, there shall be submitted to the qualified voters of the Town of Siler City at said election the question of whether municipal Alcoholic Beverage Control Stores may be operated in said town, and if a majority of the votes cast in such an election 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 Siler City, 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 Town of Siler City under the provisions of this Act. In said election a ballot shall be used upon which shall be printed on separate lines for each proposition, "For Alcoholic Beverage Control Stores", "Against Alcoholic Beverage Control Stores." Those favoring setting up and operating Alcoholic Beverage Control Stores in the Town of Siler City shall mark in the voting square to the left of the words, "For Alcoholic Beverage Control Stores", printed on the ballot and those opposed to Alcoholic Beverage Control Stores shall mark in the voting square to the left of the words "Against Alcoholic Beverage Control Stores", printed on the ballot.
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 be closed immediately and no beverages shall be sold at retail or otherwise to citizens of Chatham County, and within three months from the canvassing of such votes and the declaration of the results thereof, 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 Town of Siler City. Thereafter, all public, local and private laws applicable to the sale of intoxicating beverages within the Town of Siler City in force and effect prior to the authorization to operate Alcholic 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". No election shall be called and held in the Town of Siler City under the provisions of this Act within three years from the holding of the last election thereunder. It shall be the duty of the governing body of the Town of Siler City to order the Alcoholic Beverage Control election on its own motion or within 60 days after a petition shall have been presented, filed and signed by at least fifteen per cent (15%) of the number of the registered and qualified voters of the Town of Siler City that voted in the election for the governing body of said town in the last election requesting the same.
Sec. 5. If the operation of Town Alcoholic Beverage Control Stores is authorized under the provisions of this Act, the governing body of the Town of Siler City shall immediately create a Town Board of Alcoholic Beverage Control, to be composed of a chairman and two other members who shall be well known for their good character, ability and business acumen. Said board shall be known and designated as the "Town of Siler City Board of Alcoholic Beverage Control". The chairman of said board shall be designated by the governing body of the Town of Siler City and shall serve for his first term a period of three years. The other two members of the Board of Alcoholic Beverage Control shall be designated by the governing body of the Town of Siler City, and one member shall serve for his first term a period of two years, and the other member shall serve for his first term a period of one year; all terms shall begin with the date of appointment, and after the same term shall have expired, successors in office shall serve for a period of three years. Their successors shall be named by the governing body of the Town of Siler City. Any vacancy shall be filled by the governing body of the Town of Siler City for the unexpired term.
Sec. 6. The Town Board of Alcoholic Beverage Control shall have all the powers and duties prescribed for County Board 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 the provisions of G. S. 18‑39(10). The Town of Siler City 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 Town of Siler City Board of Alcoholic Beverage Control. The Town of Siler City Board of Alcoholic Beverage 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 members of the Town of Siler City Board of Alcoholic Beverage Control shall be fixed by the governing body of the Town of Siler City.
Sec. 7. The Town of Siler City 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 Town Board of Alcoholic Beverage Control. The remaining revenue, as determined by quarterly audit, shall be distributed quarterly by the Town of Siler City Board of Alcoholic Beverage Control as follows:
Five per cent (5%) to the general fund of the Town of Siler City to be used for law enforcement purposes.
Sixty per cent (60%) to the general fund of the Town of Siler City to be expended as provided herein: (a) Ten per cent (10%) for debt retirement of the town. During any period when the town has no debts, then this ten per cent (10%) may be used for any and all purposes for which tax and nontax revenues may be expended by the town.
(b)	Ten per cent (10%) for library, recreational or other similar purposes carried on by the town.
(c)	The remaining revenues shall be used for any and all purposes for which tax and nontax revenues may be expended by the town.
Thirty per cent (30%) to the general fund of Chatham County to be used for education or any other public purpose for which tax and nontax revenues may be expended by the county.
Five per cent (5%) to the general fund of Chatham County to be used for law enforcement purposes in the county.
Sec. 8. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 9. 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 9th day of May, 1967.