A. The City Council may, upon petition filed by fifteen percent (15%) of the voters who voted in the last municipal election of the said city for mayor, call an election for the purpose of submitting the question as to whether city alcoholic beverage control stores may be operated in the said city. If the City Council calls an election, said election shall be called within ninety days after such petition is filed on a date to be fixed by the City Council as herein prescribed, and at least thirty days' public notice shall be given prior to the date of the election, notwithstanding the nearness of date within which any other type election may be held. At such election, if a majority of the votes cast at said election shall be against the operation of such stores, no such stores shall be set up and operated in the city under the provisions of this Section. If a majority of the votes cast shall be for the operation of such stores, it shall be legal for alcoholic beverage control stores to be set up and operated in said city.
B. A new registration of voters for such election shall not be necessary. In said election a ballot shall be used upon which shall be printed on separate lines for each proposition 'For alcoholic beverage control stores', and 'Against alcoholic beverage control stores'. Those favoring setting up and operating alcoholic beverage control stores in the City of Albemarle shall mark in the voting square to the left of the words 'For alcoholic beverage control stores' printed on the ballot, and those opposed to municipal alcoholic beverage control stores shall mark on the voting square to the left of the words 'Against alcoholic beverage control stores'. Excepting as otherwise herein provided, if a special election is called, the election authorized shall be conducted under the same statutory laws and regulations applicable to regular municipal election for the City Council in the City of Albemarle, and the costs thereof shall be paid from the general fund of the City of Albemarle.
C. If the operation of municipal alcoholic beverage control stores is authorized under the provisions of this act, the City Council shall create immediately a municipal board of alcohol control to be composed of three members who shall be well known for their character, ability, and business acumen. The City Council shall appoint a chairman and two other members.
Said board shall be known and designated as the 'City of Albemarle Board of Alcohol Control'. The member designated as chairman shall serve for his first term a period of three years.
As to 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 the members expire, their successors in the office shall serve for terms of three years each and until their successors are appointed and qualified. Any vacancy on said board will be filled by the City Council. Compensation of the members of said City of Albemarle Board of Alcohol Control shall be fixed by the City Council.
D. The City of Albemarle Board of Alcohol Control shall have all the powers and duties imposed by Section 18A-17 of the General Statutes on county boards of alcohol control and shall be subject to the powers and authority of the State Board of Alcohol Control the same as county boards of alcohol control, as provided in Section 18A-15 of the General Statutes. The City of Albemarle Board of Alcohol Control and the operation of any city alcoholic beverage control stores authorized under the provisions of this Section shall be subject to and in pursuance with the provisions of Chapter 18A of the General Statutes of North Carolina except to the extent which the same may be in conflict with the provisions of this Section. Wherever the 'county' board of alcohol appears in this Chapter, it shall include the City of Albemarle Board of Alcohol Control. The City of Albemarle Board of Alcohol Control shall have authority to employ legal counsel and such other employees as it may deem wise and fix their compensation.
E. No election as hereinbefore called for under this Section may be held more often than once every three years.
(Session Laws of 1979, Chapter 259 § 6.l; Amended by Session Laws of 1993, Chapter 379 § 6.1; Amended by Session Laws of 2003, H.B. 187 § 2)