Art. 14. - Restricting licenses to sell wine.  


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  • The General Assembly of North Carolina do enact:

    Section 1. That the Board of Aldermen of the Town of Sanford is hereby authorized and empowered to regulate and restrict the issuance or renewal of license for the sale of the beverage defined and classified in the general State Revenue and Alcoholic Control Laws as "Wine" and "Fortified Wine": Provided; that nothing in this Act shall authorize the issuance of any license to sell any beverage or do any act which is or may be hereafter prohibited by State law; it being the purpose of this Act to give the said board the power to further restrict as is herein provided but not to extend, the provisions of any State-wide Act as to such licenses, and nothing herein shall be construed to authorize the issuance of license to sell "Fortified wine" contrary to any State-wide law.

    Sec. 2. That said authority shall embrace, but shall not be limited to, the power to further restrict than is prescribed by general law, the place where and in what portions of the said town wine may be sold, and between what hours less than may be fixed by State law; but shall also include the power to pass upon the character of any applicant for license to sell wine in said town as a suitable person to receive such license; and the character of license, if any, which shall be issued to any applicant or at any location; and generally to prescribe by ordinance not inconsistent herewith the rules and regulations under which licenses may be issued. No state or county license shall be granted or renewed to any applicant for license in Town of Sanford until licensed by the Town of Sanford under the provisions of this Act.

    Sec. 3. That except as may be fixed and regulated by such ordinances which may be so adopted, but subject to the power of the board of aldermen as to each applicant to pass upon the question of the character and suitability of such applicant and of the place where the establishment is to be located, if no general ordinances are adopted by the board of aldermen, the granting of licenses to sell wine in the Town of Sanford shall be and remain as fixed by general law now in force, or hereinafter enacted on the subject. But the enactment of general law on said subject shall not have the effect of repealing any part of this enactment, as to the powers of said board.

    Sec. 4. That if any part of this enactment be declared or held by a court of competent jurisdiction to be unconstitutional or void, the remaining portions shall remain in full force and effect.

    Sec. 5. All Acts and portion of Acts, in conflict herewith, as the same may apply to the Town of Sanford, are hereby repealed.

    Sec. 6. This Act shall be in full force and effect from and after its ratification.

    In the General Assembly read three times and ratified, this the 13th day of March, 1941.

(Session Laws of 1941, chapter 332)