A BILL TO BE ENTITLED
AN ACT to allow local governments to object to the location of alcoholic beverage control stores if the local government has held a public hearing, taken evidence, and passed a resolution objecting to the location of an alcoholic beverage control store.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 18B‑801 is amended by adding a new subsection to read:
"(b1)	Notwithstanding subsection (b) of this section, no local board may establish an ABC store at any location within the corporate limits of a municipality if the governing body of the municipality has passed a resolution objecting to the location of the proposed ABC store and the resolution is based upon information and evidence presented to the governing body of the municipality at a public hearing. If a municipality objects to the location of a proposed ABC store, the local board may request the Commission to approve the proposed ABC store location notwithstanding the objection of the municipality. The Commission shall have final authority to determine if the operation of an ABC store at the contested proposed location is suitable. 
Upon notice given to the Commission by an affected municipality, any statutory and administrative time limits allowed for objections to, or public hearings concerning the location of, an ABC store shall be extended by 45 days to allow a municipality sufficient time to conduct a public hearing and submit its objection and resolution to the Commission."
SECTION 2.  This act becomes effective October 1, 2009, and applies to ABC store locations announced on or after that date.