Currituck County
NC

Board Agenda

BOA 12-03 Southland Trade Corporation

Information

Department:Board of AdjustmentSponsors:
Category:BOA Appeal

Attachments

  1. Printout
  2. boa12-03-southland-trade-corporation

Body

The county is requesting the Board to dismiss the following applications appealing staff’s determination that internet sweepstakes are a prohibited use in the county: BOA 12-03  Southland Trade Corp.

 

In 2010, the North Carolina General Assembly passed a law banning internet sweepstake machines. Internet sweepstakes businesses were allowed to operate after a Superior Court Judge and an Appeals Court ruled the law to be unconstitutional. During this time, the county issued notices of violation to the above operations for using their property with a use prohibited by the Unified Development Ordinance.

 

December 2012, the North Carolina Supreme Court overturned the Appeals Court ruling and upheld the law banning the sweepstake machines. Therefore, the applicants’ use of property for internet sweepstakes is unlawful under state law and the Board of Adjustment does not have the authority to allow such use.

Meeting History

Mar 12, 2015 7:00 PM Video Board of Adjustment Regular Meeting

DISCUSSION

Mr. McRee said the State passed a law to prohibit internet sweepstakes and the Board of Commissioners have amended the UDO regarding the use. The applicant has been compliant since closing and this action is necessary to close out this application.

Mr. Palmer asked if the applicant had been notified of tonight’s hearing.

Ms. Smith said yes.

ACTION

Mr. Tabor motioned to dismiss this case as requested. Mr. Ballance seconded the motion and the motion passed unanimously.

RESULT:APPROVED [UNANIMOUS]
MOVER:Cameron Tabor, Vice Chairman
SECONDER:C. Shay Ballance, Board Member
AYES:Theresa Dozier, David Palmer, Vivian Simpson, Cameron Tabor, Donna McCloud, Curtis S. Balance, C. Shay Ballance
ABSENT:Michael Painter