Hursey v. Town of Gibsonville

HIGGINS, Justice.

The plaintiffs, the trial court, and the Court of Appeals seem to have proceeded on the theory that the plaintiffs have a constitutional right to engage in the sale and distribution of wine and beer. The assumption overlooks the fact that beer, wine, and other alcoholic beverages, because of the inherent danger in their unrestricted use, are made subjects of rigid regulation and control by the General Assembly acting under the State’s police power.

Chapter 18A, General Statutes of North Carolina, 1971 Cumulative Supplement, establishes, “[A] uniform system of control over the…