(a) Malt Beverage Elections. – Any one or more of the propositions listed below may be placed on the ballot for a malt beverage election. Each voter may vote on each proposition on the ballot. The propositions to be used shall be chosen by the governing body or petitioner requesting the election. The propositions shall read as follows:

(1) To permit the “on-premises” and “off-premises” sale of malt beverages.

[ ]  FOR

[ ]  AGAINST

Terms Used In North Carolina General Statutes 18B-602

  • Malt beverage: means beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage or alcohol consumable except unfortified or fortified wine as defined by this Chapter, containing at least one-half of one percent (0. See North Carolina General Statutes 18B-101
  • Mixed beverage: means either of the following:

    a. See North Carolina General Statutes 18B-101

  • permit: means a presently valid permit. See North Carolina General Statutes 18B-101
  • Sale: means any transfer, trade, exchange, or barter, in any manner or by any means, for consideration. See North Carolina General Statutes 18B-101
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Unfortified wine: means any wine or alcohol consumable containing sixteen percent (16%) or less alcohol by volume made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in accordance with the regulations of the United States. See North Carolina General Statutes 18B-101

(2) To permit the “on-premises” sale only of malt beverages.

[ ]  FOR

[ ]  AGAINST

(3) To permit the “off-premises” sale only of malt beverages.

[ ]  FOR

[ ]  AGAINST

(4) To permit the “on-premises” sale of malt beverages by Class A hotels, motels, and restaurants only; and to permit “off-premises” sales by other permittees.

[ ]  FOR

[ ]  AGAINST

(b) Determining Results of Malt Beverage Election. – The kind of malt beverage sales described in each proposition that receives a majority of votes “FOR” shall be allowed. If propositions (2) and (4) are both on the ballot and (2) receives a majority of votes “FOR,” then sales shall be permitted according to that proposition regardless of the vote on (4). If one of the propositions receiving a majority of votes “FOR” is proposition (1), then the kind of sales described in that proposition shall be allowed regardless of the vote on any other proposition at that election.

(c) Subsequent Malt Beverage Elections. – A subsequent election in which a majority votes “AGAINST” malt beverage proposition (1) shall not affect the legality of sales that have previously been approved under proposition (2), (3), or (4). A subsequent election in which a majority votes “AGAINST” malt beverage proposition (2) or (3) shall not affect the legality of sales that have previously been approved under proposition (4).

(d) Unfortified Wine Elections. – Any one or more of the propositions listed below may be placed on the ballot for an unfortified wine election. Each voter may vote on each proposition on the ballot. The propositions to be used shall be chosen by the governing body or petitioner requesting the election. The propositions shall read as follows:

(1) To permit the “on-premises” and “off-premises” sale of unfortified wine.

[ ]  FOR

[ ]  AGAINST

(2) To permit the “on-premises” sale only of unfortified wine.

[ ]  FOR

[ ]  AGAINST

(3) To permit the “off-premises” sale only of unfortified wine.

[ ]  FOR

[ ]  AGAINST

(e) Determining Results of Unfortified Wine Election. – The kind of unfortified wine sales described in each proposition that receives a majority of votes “FOR” shall be allowed. If one of the propositions receiving a majority of votes “FOR” is proposition (1), then the kind of sales described in that proposition shall be allowed, regardless of the vote on any other proposition at that election.

(f) Subsequent Unfortified Wine Election. – A subsequent election in which a majority votes “AGAINST” unfortified wine proposition (1) shall not affect the legality of sales previously approved under proposition (2) or (3).

(g) ABC Store Elections. – The ballot for an ABC store election shall state the proposition as follows:

To permit the operation of ABC stores.

[ ]  FOR

[ ]  AGAINST

(h) Mixed Beverage Elections. – The ballot for a mixed beverage election shall state the proposition as follows:

To permit the sale of mixed beverages in hotels, restaurants, private clubs, community theatres, and convention centers and the “on-premises” and “off-premises” sale of malt beverages and unfortified wine in qualified establishments.

[ ]  FOR

[ ]  AGAINST

(1947, c. 1084, ss. 1, 2, 4; 1951, c. 999, ss. 1, 2; 1957, c. 816; 1963, c. 265, ss. 1-3; 1965, c. 506; 1969, c. 647, s. 1; 1971, c. 872, s. 1; 1973, c. 33; 1977, c. 149, s. 1; c. 182, s. 2; 1979, c. 140, s. 3; c. 683, s. 13; 1981, c. 412, s. 2; 1981 (Reg. Sess., 1982), c. 1262, s. 9; 1983, c. 583, s. 6; 2021-150, s. 13.1(a).)