AN ACT to amend the process by which members of the pender county board of alcoholic control are selected; to remove the requirement that the pender county board of alcoholic control locate one or more stores in the towns of burgaw and atkinson; and to amend the distribution of certain net profits from the pender county board of alcoholic control.

The General Assembly of North Carolina enacts:

SECTION 1.  Section 4(c) of Chapter 50 of the 1963 Session Laws, as rewritten by Section 1 of Chapter 778 of the 1963 Session Laws, reads as rewritten:
"There shall be created a Pender County Board of Alcoholic Control to consist of five members. The Chairman shall be G. C. Edmonds, who shall serve as such and as a board member until July 1, 1965. The four other members shall be selected by the Pender County Board of Commissioners. Two of said four Board members shall be chosen to serve for a period of three (3) years and two of said four members shall be chosen to serve for a period of two (2) years. All terms shall begin with the date of appointment and successors in office shall serve for a period of three (3) years, and be appointed in the same manner as herein provided. Upon the expiration of the term of G. C. Edmonds, his successor shall be chosen by the same selecting body, and in the same manner, as the four other members of the Board, and his successor shall serve for a three‑year term. Vacancies in the Board shall be filled for the unexpired term by the aforesaid selecting body. The members of said Board shall be well known for their good character, ability and business judgment. Insofar as the provisions of this Section are inconsistent with the provisions of G. S. 18‑41, the provisions of this Section are controlling in Pender County."
SECTION 2.  Section 5 of Chapter 50 of the 1963 Session Laws reads as rewritten:
"Sec. 5.  The Pender County Board of Alcoholic Control shall have all the powers and duties prescribed for County Boards of Alcoholic Control by G. S. 18‑45, and shall be subject to the powers and authority of the State Board of Alcoholic Control to the same extent as are County Boards of Alcoholic Control set forth in G. S. 18‑39. The Pender County Board of Alcoholic Control shall be subject to the provisions of Article 3, Chapter 18, of the General Statutes except to the extent that such provisions may be in conflict with the terms of this Act. Wherever the word "County" Board of Alcoholic Control appears in said Article, it shall apply to and include the Pender County Board of Alcoholic Control; provided, however, that the boardmay locate, open, and close ABC stores within its jurisdiction pursuant to the provisions of G.S. 18B‑801."
SECTION 3.  Section 6 of Chapter 50 of the 1963 Session Laws, as rewritten by Section 1 of the 1973 Session Laws, reads as rewritten:
"Sec. 6.  After deducting fifteen percent (15%) of total net profits to be expended for law enforcement and after providing for expenditure of a sum not less than two percent (2%) nor more than five percent (5%) of total future net profits, and current funds, to provide facilities, material for the care, education, rehabilitation, treatment of alcoholic, mental patients, for education of the general public on the excessive use of alcoholic beverages, or distribution to various Pender County Rescue Squads, at intervals and in amounts determined by the Pender County Board of Alcoholic Control, and after further payment to the general fund of Pender County of five percent (5%) of total net profits for use in mosquito control, the remaining total net profits from Alcoholic Beverage Control Stores shall, pursuant to G.S. 18B‑805(e), be paid over on a quarterly basis as follows: sixty‑five percent (65%) to the general fund of Pender County, and the remaining thirty‑five percent (35%) shall be distributed as follows:
(1)	Seventy percent (70%) of the remaining thirty‑five percent (35%) shall be distributed to the Town of Burgaw and the Town of Surf City as follows:
a.	Forty percent (40%) of the seventy percent (70%) to the Town of Burgaw.
b.	Sixty percent (60%) of the seventy percent (70%) to the Town of Surf City.
(2)	Thirty percent (30%) of the remaining thirty‑five percent (35%) shall be distributed to each of the following municipalities according to each municipality's percentage of population within Pender County, as determined by the last decennial federal census:
a.	Town of Atkinson.
b.	Village of St. Helena.
c.	Town of Topsail Beach.
d.	Town of Watha."
SECTION 4.  This act becomes effective July 1, 2012.
In the General Assembly read three times and ratified this the 29th day of June, 2012.

	s/	 Neal Hunt
	 Presiding Officer of the Senate

	s/	 Paul Stam
	 Presiding Officer of the House of Representatives