State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-604

§ 18B‑604.  Timing andeffect of subsequent elections.

(a)        Time Limits. – Nocounty alcoholic beverage election may be held within three years of thecertification of the results of a previous election on the same kind ofalcoholic beverages in that county. No city alcoholic beverage election may beheld within three years of the certification of the results of a previouselection on the same kind of alcoholic beverage in that city. Otherwise,alcoholic beverage elections may be held at any time, subject to the applicableprovisions of this Chapter and Chapter 163.

(b)        Effect of FavorableCounty Vote on City or Township. – If a majority of voters vote in favor ofcertain alcoholic beverage sales in a county election, sale of that kind ofalcoholic beverage shall be lawful throughout the county, regardless of thevote in any city or township at that or any previous or subsequent election,and regardless of any local act making sales unlawful in that city or township,unless the local act was ratified before the effective date of Article II,Section 24(1)(j) of the Constitution of North Carolina. A county malt beverageor unfortified [wine] election in favor of a particular ballot propositionwhich is more restrictive than the form of sale already allowed in a city ortownship within that county shall not affect the legality of those previouslyauthorized sales in the city or township.

(c)        Effect of NegativeCounty Vote on City or Township. – If a majority of voters vote against certainalcoholic beverage sales in a county election, sale of that kind of alcoholicbeverage shall be unlawful throughout the county, except that sale of thatalcoholic beverage shall remain lawful in any city or township in which sale islawful because of a city or township election or a local act.

(d)        Effect of City orTownship Election on County. – A city or township alcoholic beverage electionshall not affect the lawfulness of sale in any part of the county outside thatcity or township.

(e)        Repealed by SessionLaws 2003‑218, s. 2, effective June 19, 2003.

(f)         When Sales Stop. –When the sale of any alcoholic beverage that was previously lawful becomesunlawful because of an election, the sale of that alcoholic beverage shallcease 90 days after certification of the results of the election. (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, 2nd Sess., c. 1174;1981, c. 412, s. 2; 1993, c. 415, s. 29; 2003‑218, s. 2.)