(A) Alcoholic beverages can be possessed, consumed, sold or distributed at special events held partially or wholly at town-owned or town-controlled property or facilities, and/or on public sidewalks, parks, alleys, streets and rights-of-way upon the issuance of a special event alcohol permit as set forth in this section (with exception of Town Hall, any town-owned and/or operated fire station and/or police station and public housing administrative and community center facilities, playgrounds/ball fields).
(1) Permit issuance. Special event alcohol permits shall be issued in conjunction with a special event permit and only after applicant has obtained and provided to the town all appropriate state and local permits allowing the possession, consumption, sale and distribution of alcohol.
(a) Special event alcohol permits may only be issued to a non-profit corporation duly incorporated in the state and having received its status as a tax-exempt organization under § 501(c) of the Internal Revenue Service Code, being 26 U.S.C. § 501(c).
(b) Applicants receiving a special event alcohol permit may allow vendors to sell or distribute alcoholic beverages without such vendors obtaining a separate permit; provided that, the applicant receiving the special event alcohol permit shall be responsible for such vendor having all state and local permits necessary to sell or distribute such alcoholic beverages and the required insurance in place for the event.
(c) Alcoholic beverages as provided in this section can only be possessed, consumed, sold or distributed in such area as approved by Town Council or its designee which must be identified and approved by Town Council as part of the special event application.
(d) The event organizer must provide identification devices to be used by the bearer to purchase alcoholic beverages. Identification devices are not transferable and can only be worn and used by the person to whom the identification device was issued by the event organizer. If the event is a multi-day event, new identification markers must be issued on succeeding days of the event. Before issuing the identification markers, the event organizer is responsible for determining the person to be issued the identification device is of legal age to possess alcoholic beverages. It is unlawful for a person authorized to purchase an alcoholic beverage to pass on an alcoholic beverage to any other person not wearing an authorized identification device.
(e) It is unlawful for a person to possess or consume an alcoholic beverage, except as set out herein, unless he or she is wearing the appropriate identification device designated for the day of the event.
(f) The possession, consumption, sell and/or delivery of alcoholic beverages not obtained or acquired as set out in this section are not permitted and are considered a violation of this division (A).
(g) Town Council or designee may require the event organizer to hire an off-duty police officer(s) to oversee alcohol sales at the event and may place other reasonable conditions on a special event alcohol permit.
(h) No special event alcohol permit may be issued without the applicant obtaining an insurance policy in the amount of $1,000,000 displaying general liability and liquor liability and which names the “Town of Badin” as an additional-insured. Said policy shall remain in effect for the entire period of the event.
(i) Permits issued in accordance with this division (A) will only be in effect for the time and period of the event as specified on the application as approved by Town Council. Permits issued under this division (A) and approved by Town Council shall not be transferable.
(2) Denial or revocation of special event alcohol permits. Town Council or its designee may deny or revoke a special event alcohol permit if it is deemed granting the permit would not be in the public’s interest or it is found the applicant or vendor has conducted one of the following:
(a) Made a deliberate misrepresentation or provided false information on the application;
(b) Operating in such as manner as to create a public nuisance or constitute a hazard to public health, safety or welfare;
(c) Failed to keep the sidewalk, park, street or right-of-way clean and free of refuse;
(d) Failed to maintain and health, business or other permit or license as required by law;
(e) Failure to obtain or maintain the amount and type(s) of insurance required herein; or
(f) Violating any terms of this section.
(B) It shall be unlawful for any person to consume malt beverages or unfortified wine, as defined by G.S. Ch. 18B, on property owned or occupied by the town, except as authorized by a special event permit approved by Town Council.
(Ord. passed 7-11-2017) Penalty, see § 10.99