(a) Definitions. The following definitions shall apply in the interpretation and enforcement of this section:
ABC permit means any permit required by the North Carolina Alcoholic Beverage Control Commission or any successor agency.
Malt beverage means beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage except unfortified or fortified wine, containing at least one-half of one percent (0.5%), and not more than fifteen percent (15%), alcohol by volume.
Open container means a container whose seal has been broken or a container other than the manufacturer's unopened original container.
Public street means any streets, sidewalks, alleys, bridges and other ways of public passage within the town's corporate limits.
Social district has the same meaning as the term “social district” defined in G.S. 18B-300.1.
Town property means any property owned, occupied, or controlled by the town, excluding the public streets.
Town sponsored or co-sponsored event means a celebration, festival, activity, or other event which is sponsored wholly or in part by the Town.
Unfortified wine means any wine of sixteen percent (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.
(b) Possession and Consumption on Public Streets. It shall be unlawful for any person to possess an open container of or consume malt beverages or unfortified wine on any public street, except that such possession and consumption shall be permitted (i) within the area encompassed by a valid encroachment agreement granted by the town which includes the permission for such possession or consumption ("outdoor consumption area"), so long as appropriate ABC permits are in effect; or (ii) within a social district during its hours of operation provided that all rules, regulations and laws governing the consumption of alcohol within the social district are adhered to, including but not limited to those set forth in G.S. 18B-300.1.
(c) Possession and Consumption on Town Property. It shall be unlawful for any person to possess an open container of or consume malt beverages or unfortified wine on town property, except that such possession and consumption shall be permitted on town property if appropriate ABC permits are in effect and (i) in connection with Town sponsored or co-sponsored events; (ii) pursuant to a written agreement between the town and a concessionaire; (iii) pursuant to the terms of a lease or rental agreement for a town facility; (iv) at the Cary Arts Center, The Cary Theatre, the Koka Booth Amphitheatre, USA Baseball National Training Complex or the Soccer Park, when the malt beverages or wine are provided by the Town, a vendor, or a concessionaire; or (v) within a social district during its hours of operation provided that all rules, regulations and laws governing the consumption of alcohol within the social district are adhered to, including but not limited to those set forth in G.S. 18B-300.1.
(d) Possession and Consumption during Special Events. It shall be unlawful to possess or consume malt beverages and unfortified wine on any public street, alley or parking lot which is temporarily closed to regular traffic for a special event unless (i) the special event is a Town sponsored or co-sponsored event located with the Town Center zoning district and for which the Town makes malt beverages or unfortified wine available for purchase; or (ii) a resolution of the town council makes other provisions for the possession and consumption of malt beverages or unfortified wine for the special event on the closed street, alley or parking lot.
(e) Social Districts. The social districts established by the town council are described herein, along with days and hours of operation. Consumption of alcoholic beverages in a social district and off the premises of an ABC permit holder is limited to malt beverages and unfortified wine, unless otherwise allowed by an applicable ABC permit.
(1) Downtown Cary Park Social District. A social district shall be established within the following boundaries: back of curb within the southern right of way for East Park Street between South Academy Street and South Walker Street; back of curb within the western right of way of South Walker Street between East Park Street and Walnut Street; back of curb within the northern right of way of Walnut Street between Kildaire Farm Road and South Walker Street; back of curb within the western right of way of Kildaire Farm Road between Walnut Street and South Academy Street; back of curb within the southern right of way of Dry Avenue between Kildaire Farm Road and South Academy Street; and back of curb within the eastern right of way of South Academy Street between Dry Avenue and South Park Street. The Cary Regional Library and associated parking deck located within the above boundaries are excluded from the Downtown Cary Park Social District.
The days and hours of operation for the Downtown Cary Park Social District shall be seven days a week from 11 a.m. to 11 p.m.
(f) Exception. This Section does not apply to persons who are occupants of a motor vehicle.
(g) Criminal penalty. In addition to, or in lieu of, any applicable civil penalties or other remedies, violation of this section shall constitute a misdemeanor.
(Code 1976, § 10-4; Code 1982, § 13-8; Ord. No. 87-104, § 3, 12-10-1987; Ord. 2015-Code-01, 1-28-2015; Ord. No. 2022-Code-04, 9-22-2022; Ord. No. 2022-Code-06, 12-15-2022)