NORTH CAROLINA GENERAL ASSEMBLY
1971 SESSION

CHAPTER 454
SENATE BILL 297

AN ACT TO AUTHORIZE THE QUALIFIED VOTERS OF THE CITY OF THOMASVILLE TO DETERMINE WHETHER OR NOT ALCOHOLIC BEVERAGE CONTROL STORES SHALL BE ESTABLISHED IN SAID CITY AND TO PRESCRIBE THE DISPOSITION OF THE NET PROFITS THEREOF.

The General Assembly of North Carolina do enact:

Section 1.  The City Council of the City of Thomasville may on its own motion and shall if requested by a petition signed by at least 15% of the registered voters who voted in the last municipal election of said City for Mayor order an election to be held on the question of whether city alcoholic beverage control stores may be operated in said City.  Said election shall be held on a date to be fixed by the City Council of the City of Thomasville, notwithstanding the nearness of the date within which any other type of election may be held.  At least 30 days public notice shall be given to the date of the election by publishing notice of said election in a newspaper with general circulation within said City at least once a week for 4 weeks.  If such election should be held upon a petition duly filed, then the date of said election shall be within 90 days of the filing of the petition.  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 said City.  If the majority of the votes cast in said election shall be against the operation of such stores, no such stores shall be set up and operated in the City under the provisions of this act.
Sec. 2.  A new registration of 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 in said alcoholic beverage control 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", and "Against City Alcoholic Beverage Control Stores".  Those favoring setting up and operating alcoholic beverage control stores in the City of Thomasville 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 the city alcoholic beverage control stores shall mark in the voting square to the left of the words, "Against City 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, local acts, rules, and regulations applicable to the general municipal elections for the Mayor and City Council of the City of Thomasville, and the cost thereof shall be paid from the general fund of the City of Thomasville.
Sec. 3.  If the operation of city alcoholic beverage control stores is authorized under the provisions of this act, the City Council of the City of Thomasville shall immediately, after the results of the election are filed with and accepted by the City Council of the City of Thomasville, 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 Thomasville Board of Alcoholic Control".  The members and chairman of said board shall be designated by the Mayor and governing body of the City of Thomasville and the member designated by the Mayor as chairman shall serve for his first term a period of three years.  As to the other members, 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 their appointment. Thereafter as the terms of the chairman and members expire, their successors in office shall serve for terms of three years each and until their successors are appointed and qualified.  Any vacancy shall be filled by the City Council for the unexpired term. Compensation of the members of said City Board of Alcoholic Control shall be fixed by the City Council of the City of Thomasville.
Sec. 4.  The said City of Thomasville Board of Alcoholic Control shall have all the powers and duties imposed by G.S. 18-45 of the General Statutes of North Carolina on County Boards of Alcoholic Control, except G.S. 18-45 (15) relating to law enforcement 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 G.S. 18-39.  The said City of Thomasville Board of Alcoholic Control and the operations 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, 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.  Wherever the word "County" Board of Alcoholic Control appears in said Article, it shall include the City of Thomasville Board of Alcoholic Control. The City of Thomasville Board of Alcoholic Control shall have authority to employ legal counsel and such other employees as it may deem wise and fix their compensations.
Sec. 5.  Out of the net revenue remaining after payment of all costs and operating expenses, and after retaining a sufficient and proper working capital, the City Council of the City of Thomasville shall distribute said net revenue as follows:
5% may be used for the purpose of alcoholic education and rehabilitation;
10% to the City of Thomasville to be used exclusively for law enforcement purposes;
10% to the Davidson County Board of Education to be used exclusively for school purposes;
20% to the City of Thomasville Board of Education to operate the City of Thomasville School District at a higher standard than provided by County and State support, including the use of such funds for capital improvements, and to supplement the salaries of public school teachers teaching in the City of Thomasville School District;
55% or the remaining net profits shall be turned over to the City of Thomasville and placed in the General Fund of said City of Thomasville.
Sec. 6.  All laws and clauses of laws in conflict with the provisions of 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 27th day of May, 1971.