FILED SENATE
May 2, 2024
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 793
SESSION 2023 PRINCIPAL CLERK
S D
SENATE BILL DRS35337-ML-141
Short Title: Jones ABC Profit Distribution to be Annual. (Local)
Sponsors: Senator Jackson (Primary Sponsor).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO PROVIDE THAT THE JONES COUNTY ALCOHOLIC BEVERAGE
3 CONTROL BOARD MAY MAKE ANNUAL RATHER THAN QUARTERLY
4 DISTRIBUTIONS OF THE PROCEEDS FROM THE ABC SYSTEM.
5 The General Assembly of North Carolina enacts:
6 SECTION 1. G.S. 18B-805 reads as rewritten:
7 "§ 18B-805. Distribution of revenue.
8 …
9 (c) Other Statutory Distributions. – After making the distributions required by subsection
10 (b), a local board shall make the following quarterly annual distributions from the remaining
11 gross receipts:receipts on September 30 of each year:
12 (1) Before making any other distribution under this subsection, the local board
13 shall set aside the clear proceeds of the three and one-half percent (3 1/2%)
14 markup provided for in G.S. 18B-804(b)(5) and the charge provided for in
15 G.S. 18B-804(b)(6b), to be distributed as part of the remaining gross receipts
16 under subsection (e) of this section.
17 (2) The local board shall spend for law enforcement an amount set by the board
18 which shall be at least five percent (5%) of the gross receipts remaining after
19 the distribution required by subdivision (1). The local board may contract with
20 the ALE Division to provide the law enforcement required by this subdivision.
21 Notwithstanding the provisions of any local act, this provision shall apply to
22 all local boards.
23 (3) The local board shall spend, or pay to the county commissioners to spend, for
24 the purposes stated in subsection (h), an amount set by the board which shall
25 be at least seven percent (7%) of the gross receipts remaining after the
26 distribution required by subdivision (1). This provision shall not be applicable
27 to a local board which is subject to a local act setting a different distribution.
28 …
29 (e) Other Distributions. – After making the distributions provided in subsections (b), (c),
30 and (d), the local board shall pay each quarter annually, on September 30 of each year, the
31 remaining gross receipts to the general fund of the city or county for which the board is
32 established, unless some other distribution or some other schedule is provided for by law. If the
33 governing body of each city and county receiving revenue from an ABC system agrees, those
34 governing bodies may alter at any time the distribution to be made under this subsection or under
35 any local act. Copies of the governing body resolutions agreeing to a new distribution formula
36 and a copy of the approved new distribution formula shall be submitted to the Commission for
*DRS35337-ML-141*
 General Assembly Of North Carolina Session 2023
1 review and audit purposes. If any one of the governing bodies later withdraws its consent to the
2 change in distribution, profits shall be distributed according to the original formula, beginning
3 with the next quarter.year.
4 …
5 (g) Quarterly Annual Distributions. – When this section requires a distribution to be made
6 quarterly, annually, at least ninety percent (90%) of the estimated distribution shall be paid to the
7 recipient by the local board within 30 days of the end of that quarter. year. Adjustments in the
8 amount to be distributed resulting from the closing of the books and from audit shall be made
9 with the next quarterly annual payment.
10 …."
11 SECTION 2. This act applies to Jones County and to the Jones County Alcoholic
12 Beverage Control Board only.
13 SECTION 3. This act is effective when it becomes law.
Page 2 DRS35337-ML-141


Statutes affected:
Filed: 18B-805
Edition 1: 18B-805