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No person shall injure, tamper with, remove or paint upon or deface any sign, signpost, streetlight, traffic signal or other municipal property upon the streets and sidewalks except employees of the city in performance of their duties.
(1989 Code, § 13-8) Penalty, see §§ 1-16 et seq.
(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.
C. Pursuant to a Social District created and regulated under the authority of G.S. § 160A-205.4, G.S. § 18B-300.1 and this Article of the City of Eden Code.
1. Purpose and Intent
(A) Pursuant to the provisions of G.S. §§ 160A-205.4 et seq., one or more social districts may be created within the City and the City hereby creates and designates the following social district: The Leaksville Social District which is designated as shown on a map dated February 20, 2024; the map is available in the Office of the City Clerk, and signage and/or markings shall be posted clearly delineating the boundaries of the Social District. Notwithstanding the map dated February 20, 2024, all City of Eden publicly owned and operated parking areas will be excluded from the Leaksville Social District. These parking areas will be clearly designated on the map of the Social District and signage shall be posted.
(B) The Leaksville Social District shall be created, designated, and managed in accordance with the requirements contained in G.S. § 160A-205.4 and Chapter 18B.
(C) Any person who violates this subchapter, and any person who aids, abets, encourages, assists in, or contributes to such violation, shall be guilty of a misdemeanor in accordance with existing and applicable laws set forth by the State of North Carolina and ordinances in the City of Eden.
2. Definitions. For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“CUSTOMER.” A person who purchases an alcoholic beverage from a permittee that is in or contiguous to a social district.
“NON-PERMITEE BUSINESS.” A business that is located in or contiguous to a social district and does not hold any ABC permit.
“PERMITTEE.” A person holding any of the following ABC permits issued by the North Carolina Alcoholic Beverage Control Commission established under G.S. § 18B-200:
i. An on-premises malt-beverage permit issued pursuant to G.S. § 18B-1001(1).
ii. An on-premises unfortified wine permit issued pursuant to G.S. § 18B-1001(3).
iii. An on-premises fortified wine permit issued pursuant to G.S. § 18B-1001(5).
iv. A mixed beverages permit issued pursuant to G.S. § 18B-1001(10).
v. A distillery permit issued pursuant to G.S. § 18B-1100(5).
“PERSON.” An individual, firm, partnership, association, corporation, Limited Liability Company, other organization or group, or other combination of individuals acting as a unit.
“PREMISES.” A fixed permanent establishment, including all areas inside or outside the permitted establishment, where the permittee has control through a lease, deed, or other legal process.
“SOCIAL DISTRICT.” A defined outdoor area in which a person may consume alcoholic beverages sold by a permittee. This term does not include the permittee’s licensed premises or an extended area allowed under N.C. G.S. 18B-904(h). A social district may include public streets, or crosswalks, whether or not the streets are closed to vehicle traffic.
3. Application.
(A) The provisions and terms contained in this subchapter shall be applicable between the hours of 12:00 pm and 8:00 pm Thursday–Saturday. At all other times, the provisions and terms contained in this subchapter are not in effect and all provisions of State and local laws concerning the possession and consumption of alcohol shall be in full force and effect.
(B) Any alcoholic beverage purchased for consumption in The Leaksville Social District shall (i) only be consumed in The Leaksville Social District and (ii) be disposed of before the person in possession of the alcoholic beverage exits The Leaksville Social District unless the person is reentering the licensed premises where the alcoholic beverage was purchased. Notwithstanding the foregoing, a permittee or non-permittee business may allow a customer to possess and consume on the business’s premises alcoholic beverages purchased from a any permittee in the social district. A violation of this section is a Class 3 misdemeanor.
4. Requirements for sale of alcoholic beverages.
A permittee located in or contiguous to The Leaksville Social District may sell alcoholic beverages for consumption within The Leaksville Social District in accordance with the following requirements:
(A) The permittee shall only sell and serve alcoholic beverages on its licensed premises.
(B) The permittee shall only sell alcoholic beverages for consumption in The Leaksville Social District in a container that meets the following requirements:
i. The container clearly identifies the permittee from which the alcoholic beverage was purchased.
ii. The container clearly displays a logo or some other mark that is unique to The Leaksville Social District.
iii. The container is not comprised of glass.
iv. The container displays, in no less than 12-point font, the statement, “Drink Responsibly - Be 21.”
iv. The container shall not hold more than 16 fluid ounces.
(C) The permittee business may allow a person to possess and consume on its licensed premises alcoholic beverages sold by another permittee within or contiguous to the Social District if it designates and displays appropriate signage at its entrance points.
5. Requirements for possession and consumption of alcoholic beverages.
The possession and consumption of an alcoholic beverage in The Leaksville Social District is subject to all of the following requirements:
(A) Only alcoholic beverages purchased from a permittee located in or contiguous to The Leaksville Social District may be possessed and consumed.
(B) Alcoholic beverages shall only be in containers meeting the requirements set forth in PREVIOUS SECTION of this subchapter.
(C) Alcoholic beverages shall only be possessed and consumed during the days and hours set forth in APPLICATION SECTION of this subchapter.
(D) Nothing in this subdivision shall be construed as authorizing the sale and delivery of alcoholic beverage drinks in excess of the limitation set forth in G.S. § 18B-1010.
(E) A person shall dispose of any alcoholic beverage in the person’s possession prior to exiting The Leaksville Social District unless the person is reentering the licensed premises where the alcoholic beverage was purchased. Notwithstanding the foregoing, a permittee or non-permittee business may allow a customer to possess and consume on the business’s premises alcoholic beverages purchased from any permittee in the social district
(F) A violation of this section is a Class 3 misdemeanor.
6. Responsibilities of Non-Permittee Businesses.
A non-permittee business that is part of a social district and that allows customers to bring alcoholic beverages onto its premises shall not be responsible for enforcement of this Chapter. All non-permittee businesses that are part of a social district and that allow customers to bring alcoholic beverages onto their premises shall clearly post signage on any exits that do not open to the social district indicating that alcoholic beverages may not be taken past that point. During the days and hours when the social district is active, a non-permittee business that allows customers to bring alcoholic beverages onto its premises shall allow law enforcement officers access to the areas of the premises accessible by customers.
7. Exceptions. When a Parade or Special Event pursuant Article VII, Chapter 9 of the City of Eden Code is held anywhere within the boundaries of the Leaksville Social District and such event has been specifically authorized by the City of Eden, the regulations found within the Eden City Code § 13-9(A) shall supersede the provisions of this section. During the city authorized Special Event or Parade, the provisions and terms contained in this Section § 13-9(C) are not in effect, the Special Event Permit and the state and local laws concerning the possession and consumption of alcohol shall be in full force and effect.
(Ord. passed 6-28-94; Am. Ord. passed 11-18-08; Am. Ord. passed 2-20-24) Penalty, see §§ 1-16 et seq.
No person shall place for display or sale any goods, wares or merchandise of any kind upon any of the sidewalks of the city; provided, however, that in the event of promotional sales of citywide scope, such goods, wares or merchandise may be displayed and sold on the sidewalks of the city with the written permission of the City Manager.
(1989 Code, § 13-26) Penalty, see §§ 1-16 et seq.
Cross-reference:
Peddlers and solicitors, see Chapter 7, Article VII
Every occupant of a store or office building in front of which the sidewalk is paved with stone, brick, asphalt or cement shall remove any snow, ice or other obstruction from such sidewalk at the earliest possible time and as soon as the weather permits.
(1989 Code, § 13-27) Penalty, see §§ 1-16 et seq.
It shall be unlawful for any person to skate on roller skates on the sidewalks anywhere within the city.
(1989 Code, § 13-28) Penalty, see §§ 1-16 et seq.
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