§ 18B‑801. Location,opening, and closing of stores.
(a) Number of Stores. Each local board shall have the authority and duty to operate one ABC store.Additional stores may be operated with the approval of the Commission.
(b) Location of Stores. A local board may choose the location of the ABC stores within itsjurisdiction, subject to the approval of the Commission. In making its decisionon a location, the Commission may consider:
(1) Whether the health,safety, or general welfare of the community will be adversely affected; and
(2) Whether the citizensof the community or city in which the proposed store is to be located voted foror against ABC stores in the last election on the question.
(b1) Notwithstandingsubsection (b) of this section, no local board may establish an ABC store atany location within the corporate limits of a municipality if the governingbody of the municipality has passed a resolution objecting to the location ofthe proposed ABC store and the resolution is based upon information andevidence presented to the governing body of the municipality at a publichearing. If a municipality objects to the location of a proposed ABC store, thelocal board may request the Commission to approve the proposed ABC storelocation notwithstanding the objection of the municipality. The Commissionshall have final authority to determine if the operation of an ABC store at thecontested proposed location is suitable.
Upon notice given to theCommission by an affected municipality, any statutory and administrative timelimits allowed for objections to, or public hearings concerning the locationof, an ABC store shall be extended by 45 days to allow a municipalitysufficient time to conduct a public hearing and submit its objection andresolution to the Commission.
(c) Closing of Stores. Subject to the provisions of subsection (a), a local board may close, or theCommission may order a local board to close, any store when the local board orthe Commission determines that:
(1) The operation of thestore is not sufficiently profitable to justify its continuation;
(2) The store is notoperated in accordance with the ABC law; or
(3) The continuedoperation of that store will adversely affect the health, safety, or generalwelfare of the community in which the store operates.
(d) Insolvent ABCSystem. If an ABC system is insolvent, the local board may apply to theCommission for an order to close the system. Upon receipt of an application, orupon its own motion, the Commission shall investigate the system, and if itfinds that further operation of the ABC stores will not be profitable, it mayorder the system closed. If the Commission orders a local system to close, theCommission may:
(1) After consultationwith the local board, its creditors, and other interested parties, schedule aphase out of the system's business activities;
(2) Represent the localboard in negotiations with creditors and other interested parties;
(3) Require anaccounting or auditing of the local system;
(4) Take possession orarrange for the disposition of any liquor for which the local board has notpaid;
(5) Apply to theSuperior Court to be appointed as receiver for the local board with all powersand duties of a receiver for a corporation under Article 38 of Chapter 1 of theGeneral Statutes, except that the Commission shall not be required to post thebond required by G.S. 1‑504; or
(6) Take any otherreasonable steps to promote an orderly closing of the system. (1981, c. 412, s. 2; 1987,c. 135; 1989, c. 770, s. 6; 2009‑36, s. 1.)
§ 18B‑801. Location,opening, and closing of stores.
(a) Number of Stores. Each local board shall have the authority and duty to operate one ABC store.Additional stores may be operated with the approval of the Commission.
(b) Location of Stores. A local board may choose the location of the ABC stores within itsjurisdiction, subject to the approval of the Commission. In making its decisionon a location, the Commission may consider:
(1) Whether the health,safety, or general welfare of the community will be adversely affected; and
(2) Whether the citizensof the community or city in which the proposed store is to be located voted foror against ABC stores in the last election on the question.
(b1) Notwithstandingsubsection (b) of this section, no local board may establish an ABC store atany location within the corporate limits of a municipality if the governingbody of the municipality has passed a resolution objecting to the location ofthe proposed ABC store and the resolution is based upon information andevidence presented to the governing body of the municipality at a publichearing. If a municipality objects to the location of a proposed ABC store, thelocal board may request the Commission to approve the proposed ABC storelocation notwithstanding the objection of the municipality. The Commissionshall have final authority to determine if the operation of an ABC store at thecontested proposed location is suitable.
Upon notice given to theCommission by an affected municipality, any statutory and administrative timelimits allowed for objections to, or public hearings concerning the locationof, an ABC store shall be extended by 45 days to allow a municipalitysufficient time to conduct a public hearing and submit its objection andresolution to the Commission.
(c) Closing of Stores. Subject to the provisions of subsection (a), a local board may close, or theCommission may order a local board to close, any store when the local board orthe Commission determines that:
(1) The operation of thestore is not sufficiently profitable to justify its continuation;
(2) The store is notoperated in accordance with the ABC law; or
(3) The continuedoperation of that store will adversely affect the health, safety, or generalwelfare of the community in which the store operates.
(d) Insolvent ABCSystem. If an ABC system is insolvent, the local board may apply to theCommission for an order to close the system. Upon receipt of an application, orupon its own motion, the Commission shall investigate the system, and if itfinds that further operation of the ABC stores will not be profitable, it mayorder the system closed. If the Commission orders a local system to close, theCommission may:
(1) After consultationwith the local board, its creditors, and other interested parties, schedule aphase out of the system's business activities;
(2) Represent the localboard in negotiations with creditors and other interested parties;
(3) Require anaccounting or auditing of the local system;
(4) Take possession orarrange for the disposition of any liquor for which the local board has notpaid;
(5) Apply to theSuperior Court to be appointed as receiver for the local board with all powersand duties of a receiver for a corporation under Article 38 of Chapter 1 of theGeneral Statutes, except that the Commission shall not be required to post thebond required by G.S. 1‑504; or
(6) Take any otherreasonable steps to promote an orderly closing of the system. (1981, c. 412, s. 2; 1987,c. 135; 1989, c. 770, s. 6; 2009‑36, s. 1.)
§ 18B‑801. Location,opening, and closing of stores.
(a) Number of Stores. Each local board shall have the authority and duty to operate one ABC store.Additional stores may be operated with the approval of the Commission.
(b) Location of Stores. A local board may choose the location of the ABC stores within itsjurisdiction, subject to the approval of the Commission. In making its decisionon a location, the Commission may consider:
(1) Whether the health,safety, or general welfare of the community will be adversely affected; and
(2) Whether the citizensof the community or city in which the proposed store is to be located voted foror against ABC stores in the last election on the question.
(b1) Notwithstandingsubsection (b) of this section, no local board may establish an ABC store atany location within the corporate limits of a municipality if the governingbody of the municipality has passed a resolution objecting to the location ofthe proposed ABC store and the resolution is based upon information andevidence presented to the governing body of the municipality at a publichearing. If a municipality objects to the location of a proposed ABC store, thelocal board may request the Commission to approve the proposed ABC storelocation notwithstanding the objection of the municipality. The Commissionshall have final authority to determine if the operation of an ABC store at thecontested proposed location is suitable.
Upon notice given to theCommission by an affected municipality, any statutory and administrative timelimits allowed for objections to, or public hearings concerning the locationof, an ABC store shall be extended by 45 days to allow a municipalitysufficient time to conduct a public hearing and submit its objection andresolution to the Commission.
(c) Closing of Stores. Subject to the provisions of subsection (a), a local board may close, or theCommission may order a local board to close, any store when the local board orthe Commission determines that:
(1) The operation of thestore is not sufficiently profitable to justify its continuation;
(2) The store is notoperated in accordance with the ABC law; or
(3) The continuedoperation of that store will adversely affect the health, safety, or generalwelfare of the community in which the store operates.
(d) Insolvent ABCSystem. If an ABC system is insolvent, the local board may apply to theCommission for an order to close the system. Upon receipt of an application, orupon its own motion, the Commission shall investigate the system, and if itfinds that further operation of the ABC stores will not be profitable, it mayorder the system closed. If the Commission orders a local system to close, theCommission may:
(1) After consultationwith the local board, its creditors, and other interested parties, schedule aphase out of the system's business activities;
(2) Represent the localboard in negotiations with creditors and other interested parties;
(3) Require anaccounting or auditing of the local system;
(4) Take possession orarrange for the disposition of any liquor for which the local board has notpaid;
(5) Apply to theSuperior Court to be appointed as receiver for the local board with all powersand duties of a receiver for a corporation under Article 38 of Chapter 1 of theGeneral Statutes, except that the Commission shall not be required to post thebond required by G.S. 1‑504; or
(6) Take any otherreasonable steps to promote an orderly closing of the system. (1981, c. 412, s. 2; 1987,c. 135; 1989, c. 770, s. 6; 2009‑36, s. 1.)
