CHAPTER 130: GENERAL OFFENSES

Section

Alcoholic Beverages; Consumption and Possession

   130.01   Definitions

   130.02   Consumption on public streets and municipal property prohibited

   130.03   Open containers

   130.04   Possession during special events prohibited

   130.99   Penalty

Cross-reference:

   Abandoned, nuisance and junked motor vehicles, see Chapter 94 of this code of ordinances

   Noise offenses, see Chapter 90

   Public drunkenness or disorderly conduct, see § 133.01

ALCOHOLIC BEVERAGES; CONSUMPTION AND POSSESSION

§ 130.01 DEFINITIONS.

   In addition to the common meanings of words, the following definitions shall be applicable herein:

   MALT BEVERAGE. Beer, lager, malt liquor, ale, porter and any other brewed or fermented beverage containing at least 0.5% and not more than 6% alcohol by volume.

   OPEN CONTAINER. A container whose seal has been broken or a container other than the manufacturer’s unopened original container.

   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 such 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.

(Ord. O-95-7, passed 11-13-1995)

Statutory reference:

   Malt beverage defined, see G.S. § 18B-101(9)

   Open container defined, see G.S. § 18B-300(c)

   Unfortified wine defined, see G.S. § 18B-101(15)

§ 130.02 CONSUMPTION ON PUBLIC STREETS AND MUNICIPAL PROPERTY PROHIBITED.

   (A)   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 street.

   (B)    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.

(Ord. O-95-7, passed 11-13-1995) Penalty, see § 130.99