NORTH CAROLINA GENERAL ASSEMBLY
1965 SESSION

CHAPTER 167
SENATE BILL 140

AN ACT TO AUTHORIZE THE QUALIFIED VOTERS OF THE CITY OF ASHEBORO TO DETERMINE WHETHER OR NOT ALCOHOLIC BEVERAGE CONTROL STORES MAY BE OPERATED IN SAID CITY.

The General Assembly of North Carolina do enact:

Section 1. The governing body of the City of Asheboro shall, upon a petition to the governing body signed by at least fifteen per cent (15%) of the number of registered and qualified voters that voted in the election for the governing body in the City of Asheboro in the last election, or upon its own motion, order an election to be held on the question of whether or not Alcoholic Beverage Control Stores may be operated in said city. The governing body may call a special election on said question, the same to be held on such date as the governing body may determine. Said election may be called and held on a date to be fixed by the governing body as herein prescribed notwithstanding the nearness of date within which any other type of election may be held, and may be held on the same date as the regular biennial election of said city for the election of its officers. The costs of said election shall be paid from the general fund of said city.
Sec. 2. In calling for such special election, the said governing body shall give at least twenty days' public notice of the same prior to the opening of the registration books, and said registration books shall remain open for eight days before such special election. A new registration of voters for such special election shall not be necessary and all qualified electors who are properly registered prior to registration for the special election, and those who register in said special election, shall be entitled to vote in said election. In said election a ballot shall be used upon which shall be printed on separate lines for each proposition, "For City Alcoholic Beverage Control Stores", "Against City Alcoholic Beverage Control Stores". Those favoring setting up and operating Alcoholic Beverage Control Stores in the City of Asheboro shall mark in the voting square to the left of the words, "For City Alcoholic Beverage Control Stores", printed on the ballot, and those opposed to City Alcoholic Beverage Control Stores shall mark in the square to the left of the words, "Against City Alcoholic Beverage Control Stores". Except as otherwise herein provided, the special election authorized shall be conducted under the same statutes, rules and regulations applicable to municipal elections in the City of Asheboro.
Sec. 3. If the operation of City Alcoholic Beverage Control Stores is authorized under the provisions of this Act, the Board of Aldermen of the City of Asheboro shall immediately create a City 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 City of Asheboro Board of Alcoholic Control". The members and chairman of said board shall be designated by the mayor and governing body of the city and the member designated as chairman shall serve for his first term a period of three (3) years. As to the other members, one member shall serve for his first term a period of two (2) years, and the other member 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. Any vacancy shall be filled by the Board of Aldermen of the city for the unexpired term. Compensation of the members of the said City Board of Alcoholic Control shall be fixed by the Board of Aldermen of the City of Asheboro.
Sec. 4. The said City of Asheboro Board of Alcoholic Control shall have all the powers and duties imposed by Section 18‑45 of the General Statutes on county boards 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 13‑39 of the General Statutes. The said City of Asheboro Board of Alcoholic Control and the operation of any City 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 of North Carolina except to the extent which the same may be in conflict with the provisions of this Act.
Whenever the word "County" board of alcoholic control appears in said Article, it shall include the City of Asheboro Board of Alcoholic Control. The City of Asheboro Board of Alcoholic Control shall have authority to employ legal counsel and such other employees as it may deem wise and fix their compensation.
Sec. 5. 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 City of Asheboro Board of Alcoholic Control shall, on a quarterly basis, distribute the balance as follows:
Randolph County Board of Education 		10%
Law Enforcement and Rehabilitation of Alcoholics 		10%
Asheboro Public Library 		5%
Randolph Hospital, Inc. 		5%
Asheboro City Board of Education 		15%
City of Asheboro General Fund 		55%
Sec. 6. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 7. 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 5th day of April, 1965.