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It shall be unlawful for any person to obstruct any of the streets, sidewalks, or alleys by displaying or placing fruit, vegetables, or other merchandise on any portion of the streets, sidewalks, or alleys. A violation of this section is punishable as a misdemeanor.
(‘58 Code, §l3-5) (Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99
Malt beverages and/or unfortified wine can be possessed, consumed, sold, or distributed at special events held partially or wholly at city-owned or city-controlled property or facilities, but only on/at the following locations: public sidewalks, parks, alleys, streets, and rights-of-way, E.E. Waddell Center, Niven Center, and the Central School Auditorium and Lobby (under control by the City per lease agreement) and upon the issuance of a special event alcohol permit as set forth in this section. Fortified wine and mixed beverages are not permissible at any city owned or operated facility.
(A) Special event alcohol permits shall be issued in conjunction with a special event permit as defined in section 65.03-04 of the City Code and only after applicant has obtained and provided to the City all appropriate State and Local permits allowing the possession, consumption, sale and distribution of alcohol.
(1) Applicants receiving a special event alcohol permit may allow vendors to sell or distribute malt beverages and/or unfortified wine 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.
(2) Malt beverages and/or unfortified wine as provided in this section can only be possessed, consumed, sold, or distributed in such area as approved by City Council or designee which must be identified and approved by City Council as part of the special event application.
(3) The event organizer must provide identification devices to be used by the bearer to purchase malt beverages and/or unfortified wine. 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 malt beverages and/or unfortified wine. It is unlawful for a person authorized to purchase a malt beverage and/or unfortified wine to pass on to any other person not wearing an authorized identification device.
(4) It is unlawful for a person to possess or consume a malt beverages and/or unfortified wine except as set out herein in that he/she is wearing the appropriate identification device designated for the day of the event.
(5) 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 article.
(6) City 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.
(7) 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 “City of Albemarle” as an additional-insured. Said policy shall remain in effect for the entire period of the event.
(8) Permits issued in accordance with this article will only be in effect for the time and period of the event as specified on the application as approved by City Council. Permits issued under this article and approved by City Council shall not be transferrable.
(B) Denial of revocation of special event alcohol permits: City Council or 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:
(1) Made a deliberate misrepresentation or provided false information on the application;
(2) Operating in such as manner as to create a public nuisance or constitute a hazard to public health, safety, or welfare;
(3) Failed to keep the sidewalk, park, street, or right-of-way clean and free of refuse;
(4) Failed to maintain and health, business, or other permit or license as required by law;
(5) Failure to obtain or maintain the amount and type(s) of insurance required herein; or
(6) Violating any terms of this section.
(C) A violation of this section is punishable as a misdemeanor.
(Ord. 17-30, passed 9-5-17; Am. Ord. 21-17, passed 4-19-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99
SOCIAL DISTRICT
(A) Pursuant to the provisions of G.S. § 160A-205.4, et seq., one or more social districts may be created within the city and the City hereby creates and designates the following social district: Downtown Albemarle Social District which is designated as shown on a map dated April 25, 2022; the map is available in the Office of the City Clerk, and signage and/or markings shall be posted clearly delineating the boundaries of the Social District.
(B) The Downtown Albemarle Social District shall be created, designated, and managed in accordance with the requirements contained in G.S. § 160A-205.4 and Chapter 18B.
(C) Any person who violates this subchapter, and any person who aids, abets, encourages, assists in, or contributes to such violation, shall be guilty of a misdemeanor in accordance with existing and applicable laws with the City of Albemarle.
(Ord. 22-37, passed 6-20-22)
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"PERMITTEE." A person holding any of the following ABC permits issued by the North Carolina Alcoholic Beverage Control Commission established under G.S. § 18B-200:
(1) An on-premises malt beverage permit issued pursuant to G.S. § 18B-1001(1).
(2) An on-premises unfortified wine permit issued pursuant to G.S. § 18B-1001(3).
(3) An on-premises fortified wine permit issued pursuant to G.S. § 18B-1001(5).
(4) A mixed beverages permit issued pursuant to G.S. § 18B-1001(10).
(5) A distillery permit issued pursuant to G.S. § 18B-1100(5).
"PERSON." An individual, firm, partnership, association, corporation, Limited Liability Company, other organization or group, or other combination of individuals acting as a unit.
"PREMISES." A fixed permanent establishment, including all areas inside or outside the permitted establishment, where the permittee has control through a lease, deed, or other legal process.
"SOCIAL DISTRICT." A defined outdoor area in which a citizen may consume alcoholic beverages sold by a permittee. This term does not include the permittee's licensed premises or an extended area allowed under G.S. § 18B-904(h).
(Ord. 22-37, passed 6-20-22)
(A) The provisions and terms contained in this subchapter shall be applicable between the hours of 10:00 a.m. and 10:00 p.m., Monday through Sunday. At all other times, the provisions and terms contained in this subchapter are not in effect and all provisions of State and local laws concerning the possession and consumption of alcohol shall be in full force and effect.
(B) Any alcoholic beverage purchased for consumption in the Downtown Albemarle Social District shall (i) only be consumed in the Downtown Albemarle Social District and (ii) be disposed of before the person in possession of the alcoholic beverage exits the Downtown Albemarle Social District unless the person is reentering the licensed premises where the alcoholic beverage was purchased. A violation of this section is a Class 3 misdemeanor.
(Ord. 22-37, passed 6-20-22)
A permittee located in or contiguous to the Downtown Albemarle Social District may sell alcoholic beverages for consumption within the Downtown Albemarle Social District it is located in or contiguous to in accordance with the following requirements:
(A) The permittee shall only sell and serve alcoholic beverages on its licensed premises.
(B) The permittee shall only sell alcoholic beverages for consumption in the Downtown Albemarle Social District in a container that meets all of the following requirements:
(1) The container clearly identifies the permittee from which the alcoholic beverage was purchased.
(2) The container clearly displays a logo or some other mark that is unique to the Downtown Albemarle Social District.
(3) The container is not comprised of glass.
(4) The container displays, in no less than 12-point font, the statement, "Drink Responsibly - Be 21."
(5) The container shall not hold more than 16 fluid ounces.
(C) The permittee shall not allow a person to enter or reenter its licensed premises with an alcoholic beverage not sold by the permittee.
(Ord. 22-37, passed 6-20-22)
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