(A) It shall be unlawful to consume intoxicating beverages (i.e., malt beverages, spirituous liquor or mixed drink, as defined by G.S. § 18B-101) in any public place or upon or in any public street, sidewalk, alley or parking lot, or property owned, leased or maintained by the town or by the state and within the town limits, or on any such place owned, leased or maintained by the town outside the corporate limits, except as allowed by division (B) below.
(B) The town may issue a special event permit for the sale, consumption or display of malt beverages and unfortified wine as follows.
(1) Malt beverages, defined by G.S. § 18B-101(9) and unfortified wine as defined by G.S. § 18B-101(7) may be possessed or consumed by a person who is not an occupant of a motor vehicle and who is of the age permitted by state statute at special events held in designated areas; provided that, the same has been issued a permit in accordance with this section. Neither spirituous liquor nor mixed beverages as defined by G.S. § 18B-101(10) and 18B-101(14) respectively shall be allowed in any public place or in any public street, sidewalk, alley or parking lot, or property owned, leased or maintained by the town or by the state and within the town limits or on any such place owned, leased or maintained by the town outside the corporate limits.
(2) For purposes of this section, a SPECIAL EVENT is an event properly permitted by the town. The permittee shall be referred to as the “event organizer” under this section.
(3) A special event permit must be submitted to the town at least 20 days of the start of the proposed event. The Town Council or its designee is authorized to request such information from the event organizer that will allow the town or its designee to make such determination.
(4) Beverages allowed pursuant to a permit issued in accordance with this section may only be sold, consumed or displayed between the hours of 11:00 a.m. and 10:00 p.m., 11:00 p.m. if an extension is allowed under Ch. 93 of this code of ordinances, or as allowed in the permit, whichever period of time is less.
(5) A fee shall be charged for each special event permit issued pursuant to this section and shall be in the amount as set forth on the schedule of fees adopted from time to time by the town. The schedule of fees shall also include the costs of the town’s Police Department in providing security to the event based upon the anticipated size of the event.
(6) Malt beverages or fortified wine as provided in this section can only be possessed or consumed in such area as approved by the town or its designee, which area is to be conspicuously marked by the event organizer. Upon approval of the town, instead of marking such area, the event organizer can be authorized to give such notice by written or oral notice.
(7) The town will be named as an additional insured and the amount of insurance coverage required of the permittee shall in as set forth on the schedule of fees adopted from time to time by the town.
(8) All event organizers shall provide to the town proof of compliance with all otherwise applicable state laws concerning the consumption of alcohol beverages as regulated by G.S. Ch. 18B. Copies of any necessary permits shall be provided to the town by the event organizer.
(9) The event organizer shall provide signage as may be required by the town prohibiting the possession of alcohol beyond the area approved for the event.
(10) Glass containers or cans used for the consumption of beverages are prohibited. All beverages to be consumed shall be placed in a plastic cup prior to the consuming of such beverages.
(11) Any participant who consumes alcoholic beverages at such events must be able to produce a valid driver’s license or other photo ID that reflects the person’s age upon request.
(12) The Town Manager, Police Chief or their respective designees may suspend or revoke this permit without notice if deemed appropriate for the safety and convenience of the participants of the event or other citizens.
(Prior Code, Ch. 98)