Laserfiche WebLink
038 <br />-A 4A �, <br />MEMORANDUM <br />FROM: K.R. Hoyle, County Attorney Emeritus <br />W. Dale Talbert, County Attorney <br />TO: Commissioners <br />SUBJECT: Alcoholic Beverages Election Procedure <br />DATE: February 24, 2012 <br />Mr. Mark Thomas, owner of Mark's Bait and Tackle in Cape Fear Township, will appear <br />before the Board at its March 5, 2012 meeting to request "another vote on the sale of alcoholic <br />beverages" in Lee County because "it would help [his] business." We are informed and believe <br />Mr. Thomas wants, at a minimum, the Board to request the Board of Elections to conduct a <br />County -wide election on the proposition of whether to allow the "off- premises" sale of malt <br />beverages in the unincorporated areas of the County. He also may want an election to be held <br />on the sale of unfortified wine. <br />Alcoholic beverages elections are governed by North Carolina General Statutes Sections <br />18B -600 et seq. A copy of the relevant statutes are attached. As a prerequisite to conducting <br />an alcoholic beverages election, the law requires more than three years to have passed since <br />the certification of the results of the last alcoholic beverages election. N.C.G.S. § 18B- 604(a) <br />(2012). All possible propositions for the sale of malt beverages and unfortified wine previously <br />were the subjects of a special election held in all seven townships on January 29, 2008. The <br />election results were certified on February 5, 2008. Therefore, an alcoholic beverages election <br />now may be held. It should be noted that the 2008 election was conducted on a township basis <br />and that each of the possible propositions for the sale of alcoholic beverages failed in each <br />township. (The proposition of whether to allow "on- premises" and "off- premises" sales of malt <br />beverages resulted in a tie vote in West Sanford Township and, therefore, the proposition <br />failed. There also was a tie vote in Cape Fear Township on the proposition of whether to allow <br />the "on- premises" sale of malt beverages by Class A hotels, motels, and restaurants only; and to <br />permit 'off- premises" sales by other permittees and, therefore, this proposition also failed.) A <br />copy of the certified election results is attached. Note that descriptions of the propositions <br />have been added to the election results for clarity. <br />