Bill Text: NC H1170 | 2011-2012 | Regular Session | Chaptered
Bill Title: Pender County ABC Law
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-06-29 - Ch. SL 2012-125 [H1170 Detail]
Download: North_Carolina-2011-H1170-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2012-125
HOUSE BILL 1170
AN ACT to amend the process by which members of the pender county board of alcoholic control are selected; to remove the requirement that the pender county board of alcoholic control locate one or more stores in the towns of burgaw and atkinson; and to amend the distribution of certain net profits from the pender county board of alcoholic control.
The General Assembly of North Carolina enacts:
SECTION 1. Section 4(c) of Chapter 50 of the 1963 Session Laws, as rewritten by Section 1 of Chapter 778 of the 1963 Session Laws, reads as rewritten:
"There shall be created a
Pender County Board of Alcoholic Control to consist of five members. The
Chairman shall be G. C. Edmonds, who shall serve as such and as a board member
until July 1, 1965. The four other members shall be selected by a majority
vote in a joint meeting of the Board of County Commissioners of Pender County,
the Pender County Board of Health, the Pender County Board of Education, and
the Pender County Board of Public Welfare, and each member present shall have
only one vote notwithstanding the fact that there may be instances in which
some members are members of another board.the Pender County Board of
Commissioners. Two of said four Board members shall be chosen to serve for
a period of three (3) years and two of said four members shall be chosen to
serve for a period of two (2) years. All terms shall begin with the date of
appointment and successors in office shall serve for a period of three (3)
years, and be appointed in the same manner as herein provided. Upon the
expiration of the term of G. C. Edmonds, his successor shall be chosen by the
same selecting body, and in the same manner, as the four other members of the
Board, and his successor shall serve for a three‑year term. Vacancies in
the Board shall be filled for the unexpired term by the aforesaid selecting
body. The members of said Board shall be well known for their good character,
ability and business judgment. Insofar as the provisions of this Section are
inconsistent with the provisions of G. S. 18‑41, the provisions of this
Section are controlling in Pender County."
SECTION 2. Section 5 of Chapter 50 of the 1963 Session Laws reads as rewritten:
"Sec. 5. The Pender
County Board of Alcoholic Control shall have all the powers and duties
prescribed for County Boards of Alcoholic Control by G. S. 18‑45, and
shall be subject to the powers and authority of the State Board of Alcoholic
Control to the same extent as are County Boards of Alcoholic Control set forth
in G. S. 18‑39. The Pender County Board of Alcoholic Control shall be
subject to the provisions of Article 3, Chapter 18, of the General Statutes
except to the extent that such provisions may be in conflict with the terms of
this Act. Wherever the word "County" Board of Alcoholic Control
appears in said Article, it shall apply to and include the Pender County Board
of Alcoholic Control; provided, however, that the board shall locate one or
more stores in the towns of Burgaw and Atkinson; provided further that the
boardmay locate one or more stores on Topsail Island, or any other location it
may deem advisable.may locate, open, and close ABC stores within its
jurisdiction pursuant to the provisions of G.S. 18B‑801."
SECTION 3. Section 6 of Chapter 50 of the 1963 Session Laws, as rewritten by Section 1 of the 1973 Session Laws, reads as rewritten:
"Sec. 6. After
deducting fifteen percent (15%) of total net profits to be expended for law
enforcement and after providing for expenditure of a sum not less than two per
centpercent (2%) nor more than five per centpercent (5%)
of total future net profits, and current funds, to provide facilities, material
for the care, education, rehabilitation, treatment of alcoholic, mental
patients, for education of the general public on the excessive use of alcoholic
beverages, or distribution to various Pender County Rescue Squads, at intervals
and in amounts determined by the Pender County Board of Alcoholic Control, and
after further payment to the general fund of Pender County of five per centpercent
(5%) of total net profits for use in mosquito control, the remaining total
net profits from Alcoholic Beverage Control Stores shall, on a quarterly
basis, pursuant to G.S. 18B‑805(e), be paid over on a
quarterly basis as follows: Seventy‑five per cent (75%) sixty‑five
percent (65%) to the general fund of Pender County, and the remaining twenty‑five
per cent (25%) to the respective municipalities in which Alcoholic Beverage
Control Stores are located, based on gross sales of each respective store.thirty‑five
percent (35%) shall be distributed as follows:
(1) Seventy percent (70%) of the remaining thirty‑five percent (35%) shall be distributed to the Town of Burgaw and the Town of Surf City as follows:
a. Forty percent (40%) of the seventy percent (70%) to the Town of Burgaw.
b. Sixty percent (60%) of the seventy percent (70%) to the Town of Surf City.
(2) Thirty percent (30%) of the remaining thirty‑five percent (35%) shall be distributed to each of the following municipalities according to each municipality's percentage of population within Pender County, as determined by the last decennial federal census:
a. Town of Atkinson.
b. Village of St. Helena.
c. Town of Topsail Beach.
d. Town of Watha."
SECTION 4. This act becomes effective July 1, 2012.
In the General Assembly read three times and ratified this the 29th day of June, 2012.
s/ Neal Hunt
Presiding Officer of the Senate
s/ Paul Stam
Presiding Officer of the House of Representatives
