(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MALT BEVERAGE. Beer, lager, liquor, ale, porter and any other brewer or fermented beverage containing at least 0.5%, and not more than 6% alcohol by volume.
(G.S. § 18B-101(9))
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, avenue, boulevard, alley, bridge or other way within and/or under the control of the town and open to public use, including the sidewalks of any like street.
UNFORTIFIED WINE. Wine that has an alcoholic content produced only by natural fermentation or by the addition of pure cane, beet or dextrose sugar, and that has an alcoholic content of not more than 17% alcohol by volume.
(G.S. § 18B-101(15))
(B) Consumption on the public streets and on municipal property prohibited. It shall be unlawful for any person who is not an occupant of a motor vehicle 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 and other athletic fields.
(C) Possession of open containers on the public streets and on municipal property prohibited. It shall be unlawful for any person who is not an occupant of a motor vehicle 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 and other athletic fields.
(D) Possession during special events prohibited. 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.
(E) Violations. Violation of this section shall constitute a misdemeanor punishable in accordance with G.S. § 14-4.
(F) Any establishment located in the corporate limits of Dallas and holding an ABC permit issued pursuant to G.S. 18B-1001 is permitted to sell beverages allowed by its permit beginning at 10:00 a.m. on Sundays
(Prior Code, § K-I-6) (Ord. passed 11-14-1995; Am. Ord. passed 9-8-2020)
Penalty, see § 10.99