§ 13-9 CONSUMPTION OF MALT BEVERAGES AND UNFORTIFIED WINES ON PUBLIC PROPERTY.
   (A)   It shall be unlawful for any person to consume alcoholic beverages on property owned or occupied by the city except by permit of the City Manager for a special event under the following circumstances:
      (1)   The applicant shall be the organizer of the event, and shall also be a small business or non-profit organization; and   
      (2)   The location of the event must be on municipal parking lots and sections of city streets in the historic downtown areas of Eden, specifically the Olde Leaksville and Draper Village Shopping Districts; and
      (3)   The date, location and times of operation of the event shall be clearly defined in the application, and the area shall be cordoned off and separated from the general public or otherwise adequately marked for the participants, and alcohol shall not be served or consumed before 10:00 A.M. or after 11:00 P.M., and the event shall not extend beyond the approved date or time; and
      (4)   The organizers of the event shall show proof of insurance that will cover any and all incidents involving the event and the consumption of alcohol; and   
      (5)   All other state and local licenses, including Alcoholic Beverage Control licenses, must be obtained prior to the issuance of the permit by the City Manager; and   
      (6)   The permit may be revoked as a result of a violation of the conditions of the permit or violation of state law or local ordinance; and
      (7)   The duration of the permit shall not exceed one year and the applicant shall pay all fees associated with the permit as established by the City Council through a separate ordinance or through the annual budget ordinance; and
      (8)   The City of Eden will be named as an additional insured and the amount of insurance coverage will be at the level recommended by the North Carolina League of Municipalities.   
   (B)   By permit of the City Manager for a restaurant that sells alcohol pursuant to a license by the Alcoholic Beverage Control Commission as provided below:   
      (1)    The applicant shall be the owner of the restaurant or store; and   
      (2)    A restaurant that sells alcohol will be able to serve alcohol to customers seated at tables on sidewalks immediately outside of their respective businesses or adjacent to their businesses, provided the area is cordoned off and separated from the general public; and   
      (3)   The duration of the permit shall not exceed one year and the applicant shall pay all fees associated with the permit as established by the City Council through a separate ordinance or through the annual budget ordinance; and   
      (4)   The owner of the restaurant or store shall show proof of insurance that will cover any and all incidents involving the sale and consumption of alcohol; and   
      (5)   The City of Eden will be named as an additional insured and the amount of insurance coverage will be at the level recommended by the North Carolina League of Municipalities; and   
      (6)   All other state and local licenses must be obtained prior to the issuance of the permit by the City Manager; and
      (7)   The permit may be revoked as a result of a violation of the conditions of the permit or violation of state law or local ordinance.   
(Ord. passed 6-28-94; Am. Ord. passed 11-18-08) Penalty, see §§ 1-16 et seq.