(A) Definitions. For the purpose of this section, the following definitions, regardless of capitalization, shall apply unless the context clearly indicates or requires a different meaning. To the extent any of the definitions are contrary to the provisions of G.S. Chapter 18B or Chapter 20, the definitions as found in G.S. Chapter 18B and Chapter 20 shall control.
ABC Commission. The North Carolina Alcoholic Beverage Control Commission established under G.S. 18B-200.
ABC permit or permits. Any written or printed authorization issued by the Commission pursuant to the provisions of G.S. Chapter 18B, other than a purchase-transportation permit. Unless the context clearly requires otherwise, as in the provisions concerning applications for permits, ABC permit or permit means a presently valid permit.
Alcohol consumable. Any manufactured and packaged ice cream, ice pop, gum-based, or gelatin-based food product containing at least 0.5% alcohol by volume.
Alcoholic beverage. Any beverage containing at least 0.5% alcohol by volume, including malt beverages, unfortified wine, fortified wine, spirituous liquor, mixed beverages, and any alcohol consumable.
Chief of Police. The Chief of Police of the Greenville Police Department or designee.
City. The City of Greenville.
Customer. A person who purchases an alcoholic beverage from a permittee that is in a social district.
Fortified wine. Any wine or alcohol consumable containing more than 16% and no more than 24% 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.
Intersection. The area embraced within the prolongation of the lateral curblines or, if none, then the lateral edge of roadway lines of two or more highways which join one another at any angle whether or not one such highway crosses the other. Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event that such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
Malt beverage. Beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage or alcohol consumable except unfortified or fortified wine as defined by G.S. Chapter 18B, containing at least 0.5%, and not more than 15%, alcohol by volume. Any malt beverage containing more than 6% alcohol by volume shall bear a label clearly indicating the alcohol content of the malt beverage.
Manual of Fees. The fee schedule approved and adopted by the Greenville City Council which is periodically updated and lists sales and services provided by the City of Greenville.
Mixed beverage. Either of the following:
(a) A drink composed in whole or in part of spirituous liquor and served in a quantity less than the quantity contained in a closed package.
(b) A premixed cocktail served from a closed package containing only one serving.
Non-permittee business. A business that is located in a social district and does not hold any ABC permit.
Open container. A container whose seal has been broken or a container other than the manufacturer's unopened original container.
Permittee. An establishment holding any of the following permits issued by the ABC Commission:
(a) An on-premises malt beverage permit issued pursuant to G.S. 18B-1001(l).
(b) An on-premises unfortified wine permit issued pursuant to G.S. 18B-1001(3).
(c) An on-premises fortified wine permit issued pursuant to G.S. 1 SB-1001(5).
(d) A mixed beverages permit issued pursuant to G.S. 18B-1001(10).
(e) A wine shop permit issued pursuant to G.S. 18B-1001(16).
(f) 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 persons acting as a unit.
Police Department. The Greenville Police Department.
Police officers. Sworn law enforcement officers employed by the Greenville Police Department.
Premises. A fixed permanent establishment, including all areas inside or outside the licensed establishment, where the permittee has control through a lease, deed, or other legal process.
Social district. A defined area in which a person may consume alcoholic beverages sold by a permittee. A social district may include both indoor and outdoor areas of businesses within or contiguous to the defined area during the days and hours set by the local government by ordinance pursuant to G.S. 18B-300.1(d). A social district may include privately owned property, including permittees and non-permittee businesses, and multi-tenant establishments, as defined in G.S. 18B-1001.5, and public streets, crosswalks, or parking areas whether or not the streets or parking areas are closed to vehicle traffic.
Spirituous liquor or liquor. Distilled spirits or ethyl alcohol, and any alcohol consumable containing distilled spirits or ethyl alcohol, including spirits of wine, whiskey, rum, brandy, gin and all other distilled spirits and mixtures of cordials, liqueur, and premixed cocktails, in closed containers regardless of their dilution.
Unfortified wine. Any wine or alcohol consumable containing 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 of open container of unfortified wine or malt beverage prohibited. Unless otherwise allowed by State law or this section, it shall be unlawful for any person to possess an open container of unfortified wine or malt beverage upon either of the following:
(1) A public street in the city by a person who is not an occupant of a motor vehicle.
(2) Any property owned, occupied, or controlled by the city, including, but not limited to a sidewalk, alley, building, parcel, lot, park, or parking lot.
(C) Consumption of unfortified wine or malt beverage prohibited. Unless otherwise allowed by State law or this section, it shall be unlawful for any person to consume unfortified wine or a malt beverage upon either of the following:
(1) A public street in the city by a person who is not an occupant of a motor vehicle.
(2) Any property owned, occupied, or controlled by the city, including, but not limited to a sidewalk, alley, building, parcel, lot, park, or parking lot.
(D) Exceptions.
(1) Malt beverages and unfortified wine. Notwithstanding any other provision of this section and as otherwise allowed by state law, upon obtaining all ABC permits as required by law; obtaining all city permits as may be required; paying all fees as may be required by the Manual of Fees; entering into any lease with the city as may be required; obtaining the written approval of the City Manager and subject to any conditions identified by the City Manager in the written approval; and complying with the procedure regarding the sale, service, possession, or consumption of alcoholic beverages on city property as adopted by the City Manager, the sale, service, possession, and consumption of malt beverages and unfortified wine is allowed upon designated portions of:
(a) A golf course owned, occupied, or controlled by the city.
(b) A convention center owned, occupied, or controlled by the city.
(c) The Walter L. Stasavich Science and Nature Center and River Park North.
(d) The building owned by the city at the Perkins Complex.
(e) The C.M. Eppes Recreation Center.
(f) A building owned by the city and leased to a person for a continuous term of greater than two years.
(g) The Town Common, which may include the parking lot and foot bridge, and those portions of First Street and sidewalks that adjoin the Town Common if those portions are temporarily closed to vehicular traffic pursuant to a permit issued by the City Manager pursuant to City Code Section 10-2-150 entitled "TEMPORARY CLOSING OF STREETS FOR SPECIAL EVENTS" as may be amended from time to time.
(h) Wildwood Park.
(i) Five Points Plaza.
(j) Guy Smith Stadium if the ABC permit holder has entered a lease with the city of Guy Smith Stadium for a continuous period of at least ten years.
(k) Any public streets, sidewalks, alleys, or parking lots in the "downtown area" which are temporarily closed to vehicular traffic for special events. "Downtown area" is a term that is defined in the procedure adopted by the City Manager.
Factors which the City Manager shall consider when permitting the sale, service, possession, or consumption of malt beverages and unfortified wine as may be allowed by State law and the ABC Commission pursuant to this subsection include but are not limited to:
1. That an applicable ABC permit for the special event has been issued by the ABC Commission.
2. The city's previous experience with the special event organizer and/or the special event.
3. That the location and time for the special event is appropriate.
4. That the special event organizer's plans regarding crowd control, cleanup, and other public safety and welfare matters are adequate.
(l) Social districts in accordance with this section.
(2) Fortified wine, spirituous liquor, and mixed beverages. Notwithstanding any other provision of this section and as otherwise allowed by state law, upon obtaining all ABC permits as required by law; obtaining all city permits as may be required; paying all fees as may be required by the Manual of Fees; entering into any lease with the city as may be required; obtaining the written approval of the City Manager and subject to any conditions identified by the City Manager in the written approval; and complying with the procedure regarding the sale, service, possession, or consumption of alcoholic beverages on city property as adopted by the City Manager, the sale, service, possession, and consumption of fortified wine, spirituous liquor, and mixed beverages is allowed upon designated portions of:
(a) A golf course owned, occupied, or controlled by the city.
(b) A convention center owned, occupied, or controlled by the city.
(c) The Town Common, which may include the parking lot and foot bridge, and those portions of First Street and sidewalks that adjoin the Town Common if those portions are temporarily closed pursuant to a permit issued by the City Manager pursuant to City Code Section 10-2-150 entitled "TEMPORARY CLOSING OF STREETS FOR SPECIAL EVENTS" as may be amended from time to time.
(d) Wildwood Park.
(e) Five Points Plaza.
(f) Guy Smith Stadium if the ABC permit holder has entered a lease with the city of Guy Smith Stadium for a continuous period of at least ten years.
(g) Any public streets, sidewalks, alleys, or parking lots in the "downtown area" which are temporarily closed to vehicular traffic for special events. "Downtown area" is a term that is defined in the procedure adopted by the City Manager.
Factors which the City Manager shall consider when permitting the sale, service, possession, or consumption of fortified wine, spirituous liquor, and mixed beverages as may be allowed by state law and the ABC Commission pursuant to this subsection include but are not limited to:
1. That an applicable ABC permit for the special event has been issued by the ABC Commission.
2. The city's previous experience with the special event organizer and/or the special event.
3. That the location and time for the special event is appropriate.
4. That the special event organizer's plans regarding crowd control, cleanup, and other public safety and welfare matters are adequate.
(h) Social districts in accordance with this section.
(E) Social districts.
(1) Creation. Pursuant to the provisions of G.S. 160A-205.4, G.S. 18B-300.1, and as otherwise allowed by state law, one or more social districts may be created within the city.
(2) Management. City social districts shall be created, designated, and managed in accordance with the requirements contained in G.S. 160A-205.4, G.S. Chapter 18B, and this section.
(3) Designated social districts. The city hereby creates and designates the following social district(s):
(a) The Greenville Uptown Social District shall be designated as follows:
1. Detailed map of the Greenville Uptown Social District. A detailed map of the Greenville Uptown Social District with the boundaries of the social district clearly marked is attached to Ordinance No. 23-014 as Exhibit A. The most current version of said map is available at the City Clerk's office and on the city's website, is fully incorporated by reference herein, and shall be deemed to have the same force and effect as if attached and set forth in full herein.
2. All sidewalks and crosswalks included. All sidewalks, marked crosswalks, and unmarked crosswalks at intersections within the boundaries of the Greenville Uptown Social District are specifically included in the Greenville Uptown Social District.
3. All streets and parking lots excluded. All streets and parking lots within or abutting the boundaries of the Greenville Uptown Social District are specifically excluded from the Greenville Uptown Social District.
(4) Social district days and hours. Alcoholic beverages may be consumed by customers in accordance with the provisions of G.S. 18B-300.1 and this section in the Greenville Uptown Social District Thursday through Saturday from 11:00 a.m. to 10:00 p.m.
(5) Social district operation. The operation of the Greenville Uptown Social District, including guidelines regarding the suspension of regular days and hours of alcohol consumption in all or part of a social district during events requiring other permits pursuant to G.S. 18B-300. l(j) shall be established by and contained in the Social District Management and Maintenance Plan.
(6) Suspension of the social district. In addition to any other authority authorized by law, as may be required to protect the health and safety of the general public, the City Manager or designee may suspend operations of any or all social districts.
(F) Penalties. In addition to any other penalty as may be allowed by law, a violation of this section may subject the offender to any or all of the following penalties:
(1) Criminal. Any person violating any provision of this section shall be guilty of a Class 3 misdemeanor pursuant to G.S. 14-4 and G.S. 160A-175 and shall pay a criminal penalty of not less than $100 and not more than $500.
(2) Civil.
(a) Any person violating any provision of this section shall be issued a civil citation or citations, as may be required, as follows:
1. First violation. A violation of this section shall subject the violator to a civil penalty of $100.
2. Second violation within 365 days of the first violation. A second violation of this section by the violator within 365 days from herein defined first violation shall subject the violator to a civil penalty of $250.
3. Third and subsequent violations within 365 days of the first violation. A third violation and any subsequent violations of this section by the violator within 365 days from herein defined first violation shall subject the violator to a civil penalty of $500 per violation.
(b) Contents and service of civil citation. A civil citation issued for a violation of any provision of this section shall clearly state when the civil penalty is due and the manner in which the violation may be appealed. Civil citations issued under this section shall be served personally or by first-class mail upon the violator by a police officer.
(c) Appeals; payment of civil penalties. Unless appealed in accordance with Part II, Title 1, Chapter 1, Section 20 of the City Code, all civil penalties assessed for violations of any provision of this section must be paid to and received by the revenue division of the city's Financial Services Department within five business days from the date of issuance.
(d) Methods of recovery of unpaid civil penalties. Unless appealed in accordance with Part II, Title 1, Chapter 1, Section 20 of the City Code, if full payment for an assessed civil penalty is not timely received by the revenue division of the city's Financial Services Department, the city may recover the unpaid civil penalty by any or all of the following methods:
1. A civil action in the nature of a debt.
2. The use of a collections agency.
3. The use of the provisions of Chapter 105A (The Setoff Debt Collection Act) and G.S. 18C-134.
4. Equitable remedies issued by a court of competent jurisdiction.
5. Any other method authorized by law to secure, collect, satisfy, or otherwise recover any civil penalty owed.
(3) Continuing violations. Each day's continuing violation of this section shall be a separate and distinct offense.
(Ord. No. 22-071, passed 8-18-2022; Ord. No. 23-014, § 1, passed 1-9-2023; Ord. No. 23-050, § 1, passed 8-7-2023)