NORTH CAROLINA GENERAL ASSEMBLY
1965 SESSION

CHAPTER 650
HOUSE BILL 879

AN ACT TO ALLOW THE CITY COUNCIL AND THE QUALIFIED VOTERS OF THE CITY OF REIDSVILLE TO DETERMINE WHETHER OR NOT ALCOHOLIC BEVERAGE CONTROL STORES SHALL BE ESTABLISHED IN SAID CITY, AND TO PRESCRIBE THE DISPOSITION OF THE NET FUNDS THEREOF.

WHEREAS, Reidsville City Council by unanimous vote, on April 13, 1965, adopted a Resolution requesting the following legislation; and
WHEREAS, the Board of Commissioners of Rockingham County, by unanimous vote on April 23, 1965, requested the following legislation: Now, therefore,

The General Assembly of North Carolina do enact:

Section 1. The City Council of the City of Reidsville may upon a petition to said council signed by at least fifteen per cent (15%) of the qualified voters of the city who voted at the last preceding election for city council members, order an election to be held on the question of whether or not City Alcoholic Beverage Control Stores may be operated in the City of Reidsville, and if a majority of the votes cast in such 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 City of Reidsville, but if a majority of the votes cast in said election shall be against the operation of said Alcoholic Beverage Control Stores, no such stores shall be set up or operated in the City of Reidsville. In the event a special election is called or required, the same shall be held and conducted on the date fixed by the City Council of the City of Reidsville. 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 Law Enforcement", "Against City Alcoholic Beverage Control Stores and Law Enforcement". Those favoring setting up and operating Alcoholic Beverage Control Stores in the City of Reidsville shall mark in the voting square to the left of the words, "For City Alcoholic Beverage Control Stores and Law Enforcement", printed on the ballot and those opposed to City Alcoholic Beverage Control Stores shall mark in the voting square to the left of the words, "Against City Alcoholic Beverage Control Stores and Law Enforcement". 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 City Council of the City of Reidsville and the cost thereof shall be paid from the general funds of the city.
Sec. 2. If a subsequent election shall be held and at such election a majority of the votes shall be cast "Against City Alcoholic Beverage Control Stores and Law Enforcement", the City Alcoholic Beverage Control Board shall within three months from the canvassing of such votes and the declaration of the results thereof, close said stores and shall thereafter cease to operate the same, and within said three months the City Control Board shall dispose of all alcoholic beverages on hand, all fixures and all other property in the hands and under the control of said board and convert the same into cash and distribute the proceeds as provided in Section 5 of this Act. Thereafter, all Public, Public‑Local and Private Laws applicable to the sale of intoxicating beverages within said City of Reidsville in force and effect prior to the authorization to operate City Alcoholic Beverage Control Stores shall be in full force and effect the same as if such election had not been held, and shall continue in full force and effect until and unless another election is held under the provisions of this Act in which a majority of the votes shall be cast "For City Alcoholic Beverage Control Stores and Law Enforcement". No election shall be called and held in the City of Reidsville under the provisions of this Act within three years from the holding of the last election thereunder.
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 Reidsville 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 Reidsville 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 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; and all terms shall begin with the date of their appointment. Thereafter, as the terms of the chairman and members expires, 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 Reidsville.
Sec. 4. The said City of Reidsville Board of Alcoholic Control shall have all of the powers and duties imposed by G. S. 18‑45 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 G. S. 18‑39. The said City of Reidsville 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. Wherever the word "County" Board of Alcoholic Control appears in said Article, it shall include the City of Reidsville Board of Alcoholic Control. The City of Reidsville Board of Alcoholic Control shall have authority to employ legal counsel and other such employees as it may deem wise and fix their compensation.
Sec. 5. After the payment of all costs and operating expenses and after retaining sufficient and proper working capital, as determined by the City of Reidsville Board of Alcoholic Control, the said board shall allocate the net profits derived from the operation of the Alcoholic Beverage Control Stores, as determined by a quarterly audit, as follows:
five per cent (5%) of the net profits to the Trustees of the Annie Penn Memorial Hospital, Reidsville, North Carolina;
five per cent (5%) of the net profits to the Rockingham County Library;
five per cent (5%) of the net profits to the General Fund of the City of Reidsville, to be used for law enforcement, and, specifically, the enforcement of the Alcoholic Beverage Control laws;
fifty per cent (50%) of the remaining net profits to the City of Reidsville, to be used for any proper governmental purpose;
the remaining net profits to the General Fund of Rockingham County, to be used for any proper governmental purpose.
Sec. 6. In the event the County Commissioners of Rockingham County call an election on the question of whether or not Alcoholic Beverage Control Stores shall be established in the county and before an election is held in the City of Reidsville under the provisions of this Act, and if a majority of the voters in the City of Reidsville who vote in the county election vote against establishing liquor stores in Rockingham County, then no election shall be held under the authority of this Act within 3 years after the date of the county election. In the event the county election, held prior to any election authorized by this Act, authorizes the establishment of Alcoholic Beverage Control Stores in Rockingham County, then no election shall be held in the City of Reidsville under the provisions of this Act.
Sec. 7. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 8. This Act shall be in full force and effect from and after July 1, 1965.
In the General Assembly read three times and ratified, this the 20th day of May, 1965.