3-7-41. Calling of special elections upon direction of governing authorities; notice; rules and regulations; timing; ballots; frequency; approval of licenses.

The governing authority of any county or municipality at its discretion may direct its election superintendent to issue the call for an election to determine if the sale of distilled spirits by private clubs, as provided in this chapter, shall be allowed. Upon such direction, the election superintendent shall call a special election at least 30 days prior to the date of the election and shall publish the notice of the call of the election in the official gazette of the county or, in the case of a municipal election, in a newspaper of general circulation in the municipality, once a week for two weeks preceding the election.#

1. (1)

   A county election held pursuant to this Code section shall be held according to the rules and regulations governing special elections contained in Chapter 2 of Title 21, and may be held at the time of holding any other primary or election in the county.#

2. (2)

   A municipal election held pursuant to this Code section shall be held according to the rules and regulations governing special elections contained in Chapter 2 of Title 21 and may be held at the time of holding any other primary or election in the municipality.#

The returns of the election held pursuant to this Code section shall be made within three days after the election to the election superintendent who shall ascertain and declare the result after the receipt of the returns.#

The ballot in the election shall have written or printed thereon: ‘‘[ ] YES Shall alcoholic beverages by the drink, for#

1. [ ] NO consumption on the premises only, be al-

2. lowed in private clubs?’’

3. Those desiring to vote in favor of the sales shall vote ‘‘Yes.’’ Those desiring to vote against the sales shall vote ‘‘No.’’ If at the election a majority of the votes cast are in favor of the sales in private clubs, the sales shall be permitted in accordance with this article. If at the election a majority of the votes cast are against the sales, they shall be prohibited in the political subdivision, except as otherwise provided in this article.

No election under this Code section shall be held within two years after the date of the declaration of the result of a previous election held under this Code section.#

The local governing authority must approve any license within its jurisdiction before issuance of the license.#