§ 131.02  PUBLIC POSSESSION OR CONSUMPTION OF ALCOHOL PROHIBITED.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ALCOHOLIC BEVERAGE.  Any beverage containing at least 0.5% alcohol by volume, including malt beverages, unfortified wine, fortified wine, spirituous liquor, and mixed beverages.
(G.S. § 18B-101(4))
      FORTIFIED WINE.  Any wine of more than 16% and no more than 24% alcohol by volume, made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in accordance with the regulations of the United States.
(G.S. § 18B-101(7))
      MALT BEVERAGE.  Beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage containing at least 0.5%, and not more than 15% alcohol by volume.  Any MALT BEVERAGE containing more than 6% alcohol by volume shall bear a label clearly indicating the alcohol content of the MALT BEVERAGE.
(G.S. § 18B-101(9))
      MIXED BEVERAGE. 
         (a)   A drink composed in whole or in part of spirituous liquor and served in a quantity less than the quantity contained in a closed package; or
         (b)   A premixed cocktail served from a closed package containing only one serving.
(G.S. § 18B-101(10))
      NON-TAX PAID ALCOHOLIC BEVERAGE.  Any alcoholic beverage upon which the taxes imposed by the United States, this state, or any other territorial jurisdiction in which the alcoholic beverage was purchased have not been paid.
(G.S. § 18B-101(11))
      OPEN CONTAINER.  A container whose seal has been broken, or a container other than the manufacturer’s unopened original container.
(G.S. § 18B-300(c))
      PUBLIC STREET.  Any highway, road, street, alley, bridge, or way within and/or under the control of the town and open to public use, including the sidewalks of any street.
      SPIRITUOUS LIQUORS.  Distilled spirits, or ethyl alcohol including spirits of wine, whiskey, rum, brandy, gin, and all other distilled spirits and mixtures of cordials, liqueur and premixed cocktails, in closed containers for beverage use regardless of their dilution.
(G.S. § 18B-101(14))
      UNFORTIFIED WINE.  Any wine of 16% or less alcohol by volume made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in accordance with the regulations of the United States.
(G.S. § 18B-101(15))
   (B)   It shall be unlawful for any person to consume malt beverages and/or unfortified wine on the public streets. Furthermore, it shall be unlawful for any person to consume malt beverages and/or unfortified wine on any property, whether located inside or outside the corporate limits, owned, occupied, or controlled by the town including, but not limited to, public buildings and the grounds appurtenant thereto, municipal parking lots, public parks, playgrounds, recreational areas, tennis courts, cemeteries, and other athletic fields, except as authorized by special permit issued by the town at a charge set by the town.
   (C)   It shall be unlawful for any person to possess any open container of malt beverage and/or unfortified wine on the public streets. Furthermore, it shall be unlawful for any person to possess any open container of malt beverage and/or unfortified wine on any property, whether located inside or outside the corporate limits, owned, occupied, or controlled by the town including, but not limited to, public buildings and the grounds appurtenant thereto, municipal parking lots, public parks, playgrounds, recreational areas, tennis courts, cemeteries, and other athletic fields.
   (D)   It shall be unlawful for any person to possess malt beverages and/or unfortified wine on public streets, alleys, or parking lots which are temporarily closed to regular traffic for special events.
(Prior Code, § 84.07)  (Amended - - )   Penalty, see § 131.99