State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-600

Article 6.

Elections.

§ 18B‑600.  Placeseligible to hold alcoholic beverage elections.

(a)        Kinds of Elections.– The following kinds of alcoholic beverage elections shall be permitted:

(1)        Malt beverage;

(2)        Unfortified wine;

(3)        ABC store; and

(4)        Mixed beverage.

(b)        County Elections. –Any county may hold a malt beverage, unfortified wine, or ABC store election. Acounty may hold a mixed beverage election only if the county already operatesat least one county ABC store or a county election on ABC stores is to be heldat the same time as the mixed beverage election.

(c)        City Malt Beverageand Unfortified Wine Elections. – A city may hold a malt beverage orunfortified wine election only if the county in which the city is located hasalready held such an election, the vote in the last county election was againstthe sale of that kind of alcoholic beverage, and:

(1)        The city has apopulation of 500 or more; or

(2)        The city operates anABC store.

(d)        City ABC StoreElections. – A city may hold an ABC store election only if:

(1)        The city has atleast 500 registered voters; and

(2)        The county in whichthe city is located does not operate ABC stores.

(e)        City Mixed BeverageElections. – A city may hold a mixed beverage election only if:

(1)        The city has atleast 500 registered voters; and

(2)        Either:

a.         The city alreadyoperates a city ABC store; or

b.         A city ABC storeelection is to be held at the same time as the mixed beverage election; or

c.         The city does notoperate a city ABC store but:

1.         The county operatesan ABC store;

2.         The county hasalready held a mixed beverage election; and

3.         The vote in the lastcounty election was against the sale of mixed beverages.

(e1)      Small City MixedBeverage Elections. – A city may also hold a mixed beverage election if thecity has at least 300 registered voters and is located in a county with atleast one other city that has approved the sale of mixed beverages. Provided,that if a city that qualifies for an election under this subsection approvesthe sale of mixed beverages, mixed beverages permittees in the smaller city maypurchase liquor from the ABC store designated by any local ABC board in anyother city that has approved the sale of mixed beverages.

This subsection shall notapply to Alamance, Avery, Burke, Caldwell, Carteret, Cleveland, Henderson,Onslow, Polk, Robeson, Rowan, Rutherford, and Wilkes Counties.

(e2)      Ski Resorts ABCElections. – Notwithstanding any other provisions of this section, any citythat provides governmental services to as many as 1,000 snow skiers weeklyduring the normal ski season from December 1 through March 15, may hold anelection authorized by subdivision (a)(1), (2), or (4) of this section. If thesale of mixed beverages is approved, purchase‑transportation permitsshall be issued and the sales of liquor shall be made by any local boarddesignated by the State ABC Commission.

(e3)      Small Town MixedBeverage Elections. – A town may hold a mixed beverage election if the town hasat least 200 registered voters and is located in a county bordering the NeuseRiver and Pamlico Sound that has not approved the sale of mixed beverages andthat county has only one city that has approved the sale of mixed beverages.Provided, that if a town that qualifies for an election under this subsectionapproves the sale of mixed beverages, mixed beverages permittees in the townmay purchase liquor from the ABC store designated by any local ABC board in anyother city that has approved the sale of mixed beverages.

(e4)      Multicounty/City ABCElections. – If a city is located in two or more counties, the followingprovisions shall apply:

(1)        The city may hold amalt beverage or unfortified wine election if any county in which a portion ofthe city is located has already held such an election, the vote in the last electionof the particular type was against the sale of that type of alcoholic beverage,and the city has a population of 500 or more.

(2)        The city may hold amixed beverage election if the city has at least 500 registered voters and acounty in which a portion of the city is located operates ABC stores, or amunicipality in either county in which the city is located operates an ABCstore.

(3)        If an election isheld by a city under this subsection, all of the city voters may vote in theelection. If the vote is for approval, alcoholic beverages may be sold on thebasis of that approval and under the provisions of this Chapter. If the sale ofmixed beverages is approved, the mixed beverage permittees shall purchase theirliquor from one or more ABC stores located within the city that have beendesignated by the local boards for those purchases. The remaining grossreceipts shall be distributed in accordance with existing law applicable tothose ABC stores, except that after the applicable distributions have been madepursuant to G.S. 18B‑805(b), (c), and (d), the local share of the mixedbeverages surcharge and the guest room cabinet surcharge required by G.S. 18B‑804(b)(8)and (9) shall be distributed one‑half to the general fund of the citywhere the mixed beverage permittees are located and one‑half to the localABC boards from whose stores liquor is purchased.

(e5)      Small Resort TownABC Elections. – A town may hold a mixed beverage election if it:

(1)        Was incorporatedafter 1990 and prior to the effective date of this subsection;

(2)        Has at least 100residents;

(3)        Is located in acounty that borders another state and that has two other municipalities whichhave ABC stores; and

(4)        At the time of theelection, has corporate boundaries that border or include land in threecounties.

Provided, that if a town thatqualifies for an election under this subsection approves the sale of mixedbeverages, mixed beverages permittees in the town may purchase liquor from theABC store designated by any local ABC board in any other city that has approvedthe sale of mixed beverages.

(f)         TownshipElections. – An election may be called on any of the propositions listed inG.S. 18B‑602 in any township located within:

(1)        A county where ABCstores have heretofore been established by petition pursuant to law.

(2)        A county where ABCstores have been established pursuant to law, in which county according to datafrom the North Carolina Department of Commerce: (i) one‑third or more ofthe employment is travel related, (ii) spending on travel exceeds four hundredmillion dollars ($400,000,000) per year, and where the entirety of twotownships consists of one island (and several smaller islands not making upmore than one percent (1%) of the total land area of the two townships) where thatisland:

a.         Has a population of4,000 or over according to the most recent decennial federal census;

b.         Is located with oneside facing the ocean and another side facing a coastal sound.

(3)        Repealed by SessionLaws 2004‑203, s. 24, effective August 17, 2004.

An election may be called on anyof the propositions listed in G.S. 18B‑602(a), (d), and (h) in anytownship located within a county where the population of all cities in thecounty that have previously approved the sale of any kind of alcoholic beveragescomprises more than twenty percent (20%) of the total county population as ofthe most recent federal census. In the case of subdivision (2) of this section,an election may be called in the two townships voting together on theproposition contained in G.S. 18B‑602(h).

The election shall be held bythe county board of elections upon request of the county board of commissionersor upon petition of twenty‑five percent (25%) of the registered voters ofthe township, or in the case of subdivision (2) of this section, of the twotownships taken together. The election shall be conducted and the resultsdetermined in the same manner as county elections held under this Article. Forpurposes of this Article, townships holding any election under this subsectionshall be treated on the same basis as counties, and municipalities locatedwithin those townships shall be treated on the same basis as cities. In thecase of an election under subdivision (2) of this subsection, the votes of thetwo townships counted together shall determine the result of the election.

For purposes of thissubsection, the name and boundary of a township is as it is shown on theRedistricting Census 2000 TIGER Files with modifications made by theLegislative Services Office on its computer database as of May 1, 2001.

In any township election heldunder this subsection, the area within any incorporated municipality isexcluded, and no permits may be issued under this subsection in any excludedarea.

In order for an establishmentto qualify for a permit under this subsection, the establishment's grossreceipts from food and nonalcoholic beverages shall be greater than its grossreceipts from alcoholic beverages.

(g)        BeautificationDistrict Elections. – In a county where ABC stores have been approved by anelection and a beautification district has been created after May, 1984, andprior to June 30, 1990, an election authorized by subsection (a) of thissection may be called in the beautification district. The election shall becalled in accordance with G.S. 18B‑601(b), conducted, and the resultsdetermined in the same manner as county elections held under this Article. Forpurposes of this Article, beautification districts holding any election shallbe treated on the same basis as counties, and municipalities located withinthose beautification districts shall be treated on the same basis as cities.

(h)        Railroad PassengerTerminus Location Elections. – Notwithstanding any other provision of thissection, any city or town that is the passenger terminus of a rail line thatcarries at least 60,000 passengers annually may hold an election authorized bysubdivisions (a)(1) and (a)(2) of this section. Any election held under thissubsection shall be for the on‑premises sale of malt beverages and the on‑premisessale of unfortified wine pursuant to G.S. 18B‑602(a)(2) and G.S. 18B‑602(d)(2).(1937, c. 49,ss. 25, 26; c. 431; 1947, c. 1084, ss. 1, 2, 4; 1951, c. 999, ss. 1, 2; 1957,c. 816; 1963, c. 265, ss. 1‑3; 1965, c. 506; 1969, c. 647, s. 1; 1971, c.872, s. 1; 1973, cc. 32, 33; 1977, c. 149, s. 1; c. 182, s. 2; 1977, 2nd Sess.,c. 1138, s. 15; 1979, c. 140, ss. 2, 3; c. 609, s. 1; c. 683, s. 13; 1979, 2ndSess., c. 1174; 1981, c. 412, s. 2; c. 747, s. 49; 1983, c. 113, s. 1; 1983, c.457, s. 2; 1985 (Reg. Sess., 1986), c. 919, s. 1; 1987, c. 766; 1989, c. 77; c.400, s. 6; 1991 (Reg. Sess., 1992), c. 976, s. 1; 1993, c. 193, s. 1; 1995, c.148, s. 1; 2001‑515, s. 4; 2003‑218, s. 1; 2004‑203, s. 24;2005‑336, s. 1; 2007‑386, s. 1.)