(A) Consumption in public places unlawful. It shall be unlawful for any person, who is not an occupant of a motor vehicle, to consume any alcoholic beverage, including malt beverages, fortified or unfortified wine, mixed beverages, or other spiritous liquors, all as defined in G.S. § 18B-101, on, or within, the right-of-way of any public street. It shall also be unlawful for any person to consume any alcoholic beverage, including malt beverages, fortified or unfortified wine, mixed beverages, or other spiritous liquors, all as defined in G.S. § 18B-101, in any public building owned, occupied, or controlled by the town; on the grounds of any public building owned, occupied, or controlled by the town; or on any other property owned, occupied, or controlled by the town, including, but not limited to, public parks, playgrounds, tot lots, recreation fields, tennis courts, or other athletic fields.
(B) Private premises consumption regulated. It shall be unlawful for any person to consume any alcoholic beverage, including malt beverages, fortified or unfortified wine, mixed beverages, or other spiritous liquors, all as defined in G.S. § 18B-101, upon the private business premises of another without the permission of the owner, or person in control, of such premises.
(C) Open containers prohibited. It shall be unlawful for any person, who is not an occupant of a motor vehicle, to possess an open container of any alcoholic beverage, including malt beverages, fortified or unfortified wine, mixed beverages, or other spiritous liquors, all as defined in G.S. § 18B-101, on, or within, the right-of-way of any public street. It shall also be unlawful for any person to possess an open container of any alcoholic beverage, including malt beverages, fortified or unfortified wine, mixed beverages, or other spiritous liquors, all as defined in G.S. § 18B-101, in any public building owned, occupied, or controlled by the town; on the grounds of any public building owned, occupied, or controlled by the town; or on any other property owned, occupied, or controlled by the town, including, but not limited to, public parks, playgrounds, tot lots, recreation fields, tennis courts, or other athletic fields.
(D) Special event permit exception. Consumption of malt beverages, fortified or unfortified wine, mixed beverages, or other spiritous liquors is permitted during any community-sponsored public function, festival, or celebration being conducted upon, or within, designated areas of any public street, sidewalk, or other property owned, or lawfully occupied, by the town, pursuant to a written special event permit issued by the Town Manager, or his or her duly authorized designee, to the holder of a valid permit from the Commission applicable to the community-sponsored public event, function, festival, or celebration. The permit issued by the Town Manager, or his or her duly authorized designee, shall be consistent with the permit issued by the Commission. This permit, when issued, may allow the sale, service, and distribution of malt beverages, fortified or unfortified wine, mixed beverages, or other spiritous liquors, on designated streets, sidewalks, and public property reserved for the event, except parks and recreation fields and property, subject to all applicable ABC or ALE rules or regulations, or laws of the state. The permit issued by the town shall designate the boundary of the area in which the sale, service, distribution, possession, and consumption of malt beverages, fortified or unfortified wine, mixed beverages, or other spiritous liquors is permitted, and the specific times during which such sale, service, distribution, and/or consumption is permitted. The area within which such sale, service, distribution, and/or consumption is permitted shall be delineated by barricades, and so constructed as to allow ready control of patrons, including the viewing of identification; no alcoholic beverage, malt beverages, fortified or unfortified wine, mixed beverages, or other spiritous liquors shall be consumed outside of such barricaded area. Proper application for a special permit to the proper state authorities shall be made so that a permit will be received prior to the opening of the special event, and such permit shall be available for inspection by the town and its officers at any time. However, before any permit is issued under this section, the Town Manager, or his or her duly authorized designee, shall designate the boundaries of the event, and provide for the temporary closing of those streets and public areas within the boundaries for general public use during the times the permit is to be effective. This subsection (D), shall not apply to any public park, sports or recreational field or facilities, or the grounds of any sports or recreational field or facility.
(E) Application for permit and liability waiver. Application forms and a liability waiver form for the permit referred to in subsection (D) above are available from the Town Manager, and both must be completed, and signed, by the applicant at least 30 days prior to the opening day of the event.
(F) Revocation of permit. The permit issued under subsection (D) above may be revoked at any time if it is deemed necessary for the safety and protection of the public.
(G) Penalty. If any person shall violate this section, he or she shall be guilty of a misdemeanor, and punished in accordance with G.S. § 14-4, as amended. If any person violates this section, he or she shall also be subject to a civil penalty in the amount of $50 to be recovered by the town in a civil action in the nature of a debt if the offender does not pay the penalty within ten calendar days after he or she have been sited for violation of the section.
(Ord. 7-2019, passed 5-14-2019; Ord. 10-2020, passed 5-12-2020)