(A) Consumption of malt beverages and unfortified wine. It shall be unlawful for any person who is not an occupant of a motor vehicle to consume a malt beverage or unfortified wine on any public street, sidewalk, or alley in the city; or on any other property owned, occupied, or controlled by the city.
(B) Possession of open containers of malt beverages and unfortified wine. It shall be unlawful for any person who is not an occupant of a motor vehicle to possess open container(s) of malt beverages and unfortified wines on any public street, sidewalk, or alley in the city; or on any other property owned, occupied, or controlled by the city. For the purposes of this section, an OPEN CONTAINER means a container whose seal has been broken or a container other than the manufacturer's unopened original container.
(C) Possession of malt beverages and unfortified wines on public streets, alleys, or parking lots which are temporarily closed to regular traffic for special events. It shall be unlawful for any person to possess any malt beverage or unfortified wine on any public street, alley, or parking lot which has been temporarily closed to regular traffic for a special event.
(D) Possession and consumption of fortified wine, spirituous liquor, and mixed beverages. The possession or consumption of fortified wine, spirituous liquor, or mixed beverages is hereby prohibited on property owned or leased by the city.
(E) Exceptions. Notwithstanding the prohibitions prescribed by the above-listed divisions of this section, the following acts shall not be deemed to be unlawful.
(1) The possession or consumption of alcoholic beverages by either a sworn law enforcement officer acting in the performance of his or her official duties or a person acting under the immediate and direct supervision of a sworn law enforcement officer discharging his or her official duties.
(2) The possession or consumption of malt beverages at McCrary Park as part of collegiate or professional baseball events hosted by legal entities with whom the City of Asheboro has entered into a lease agreement for the use of McCrary Park; provided, however, any such malt beverages found within McCrary Park must have been obtained in accordance with a sale/distribution plan developed and implemented by the hosting of legal entity in compliance with all applicable laws and administrative regulations.
(3) The possession or consumption of unfortified wine and malt beverages on the premises of the Sunset Theatre and Bicentennial Park facilities, including without limitation the Rotary Pavilion. The possession or consumption of unfortified wine and malt beverages on these premises will be lawful only if such possession or consumption is conducted in strict compliance with all applicable laws, ordinances, and regulations, specifically including without limitation the regulations adopted by the city for these facilities that are part of the municipal cultural and recreation services system, inclusive of any and all sale/distribution plans specified by the City of Asheboro Cultural and Recreation Services Policy Manual.
(4) The possession of unfortified wine on the premises of the Downtown Farmers’ Market facility. The possession of unfortified wine on these premises will be lawful only if such possession occurs as part of the retail sale by an approved Downtown Farmers’ Market vendor of unfortified wine for off-premise consumption. The retail sale of unfortified wine shall be conducted in strict compliance with all applicable laws, ordinances, and regulations, specifically including without limitation the regulations prescribed for the Downtown Farmers’ Market in the City of Asheboro Cultural and Recreation Services Policy Manual.
(5) The possession or consumption of unfortified wine and malt beverages on the premises leased to the nonprofit North Carolina Aviation Museum and Hall of Fame, Incorporated (these premises are shown as Hangar G and Hangar L on Schedule C of the Asheboro Regional Airport) during events conducted by the nonprofit corporation. The sale or service of wine and malt beverages must be conducted in strict compliance with all applicable laws, ordinances, and regulations, specifically including without limitation any laws and regulations pertaining to either alcoholic beverage control or the operation of the airport by the Asheboro Airport Authority.
(6) The possession and consumption of alcoholic beverages within a designated outdoor dining location on a public street, sidewalk, alley, or parking lot temporarily closed to regular traffic for a special event within the city zoning ordinance's Central Business Planning Area (Tier 1). This exception for outdoor dining within the Central Business Planning Area is applicable so long as, and only so long as, the following conditions are satisfied:
(a) Alcoholic beverage service must occur within, and not beyond, the readily observable boundaries of a designated outdoor dining area located within the public street, sidewalk, alley, and parking lot closure zone approved by the City Council in response to a request from the non-profit corporation organizing the special event to be held in the Central Business Planning Area (Tier 1);
(b) The business providing service within the designated outdoor dining area must provide service in strict compliance with the applicable alcoholic beverage control laws, specifically including without limitation the applicable North Carolina Alcoholic Beverage Control Commission regulations;
(c) The business providing service within the designated outdoor dining area must remain in strict compliance with all applicable health and safety laws and regulations, specifically including without limitation gubernatorial executive orders, orders issued by the North Carolina Department of Health and Human Services, and regulations enforced by the Randolph County Public Health Department; and
(d) Any and all outdoor dining areas seeking the benefit of this exception must be identified on a map included as part of a special downtown outdoor dining event application packet submitted to the City Manager for advance approval. The non-profit corporation organizing the proposed special downtown outdoor dining event is responsible for submitting this application in a timely manner. This special downtown outdoor dining event application packet is in addition to, and not in lieu of, any other required approvals such as approval to use Bicentennial Park facilities that are subject to the City of Asheboro Cultural and Recreation Services Policy Manual as well as the public street, sidewalk, alley, and parking lot closure request that must be submitted to the City Council in a timely manner. In order for the City Manager to approve the special downtown outdoor dining event application packet, the packet must contain documentation demonstrating that adequate safety and risk management planning measures have been taken for the proposed event, specifically including evidence on the above-referenced map of compliance with the accessibility requirements in the Americans with Disabilities Act and the provision of adequate travel lanes for the use of emergency responders within the event area.
(F) Penalties. A violation of this section is punishable as a misdemeanor.
('69 Code, § 14-25) (Ord., passed 6-9-88; Am. Ord. 11-05, passed 3-10-05; Am. Ord. 46 ORD 8-08, passed 8-7-08; Am. Ord. 11 ORD 3-09, passed 3-5-09; Am. Ord. 14 ORD 4-09, passed 4-9-09; Am. Ord. 07 ORD 2-10, passed 2-4-10; Am. Ord. 02 ORD 3-14, passed 3–6-14; Am. Ord. 10 ORD 4-19, passed 4-4-19; Am. Ord. 29 ORD 11-20, passed 11-5-20; Am. Ord. 36 ORD 12-21, passed 12-9-21) Penalty, see § 130.99