(a) It shall be unlawful for any person to consume any alcoholic beverage as defined by G.S. 18B-101 on any property owned or controlled by the city or upon any public vehicular area; provided, that this section shall not apply to the premises of those establishments that have an "on-premises" ABC permit as prescribed under G.S. 18B-1001 or in situations defined in subsections (c) through (f) of this section.
(b) Such public vehicular area shall mean and include any drive, driveway, road, roadway, street, sidewalk, alley, parking area or other space open for the purpose of vehicular traffic or operation upon the grounds or premises of:
(1) Any public or private hospital, college, school or church or any institution maintained and supported by the State of North Carolina, McDowell County or the City of Marion.
(2) Any service station, car wash, supermarket, store, restaurant, amusement center, lounge, shopping center, office building, or any other business or municipal establishment or groups of such establishments providing parking space for customers, patrons, employees or the public; provided, that this section shall not apply to the premises of those establishments that have an "on-premises" ABC permit as prescribed under G.S. 18B-1001.
(c) Notwithstanding the foregoing, it shall not be unlawful for any person to consume any alcoholic beverage within the premises of a sidewalk cafe; permitted pursuant to the provisions of Chapter 15 of the city code and for which a valid ABC permit exists.
(d) Notwithstanding the foregoing, it shall not be unlawful for any person to possess or consume beer or wine within the area designated for such possession or consumption as part of specially designated City of Marion events, Marion Business Association events, or events run by outsides organizations approved by the city such as parades, concerts, festivals and events of the City of Marion; or at other events approved by the City Council to take place on public streets, sidewalks, alleys, properties or sidewalks, for which a public assembly alcohol permit has been approved subject to the provisions of Chapter 12, Parks and Recreation, Article III, Festivals and Events, of the city code.
(e) Notwithstanding the foregoing, it shall not be unlawful for any person to possess or consume alcoholic beverages in the Community Building or Depot as part of an event approved by the city and in compliance with the Community Building main level, Community Building basement or Depot rules and regulations and applicable local and state regulations.
(f) Notwithstanding the foregoing, it shall not be unlawful for any person to possess or consume alcoholic beverages in an approved social district, the boundaries, days and hours of operation, management and maintenance of which are defined by the City of Marion, subject to the provisions of Chapter 12, Parks and Recreation, of the city code.
(Ord. No. O-23-07-18-3, § 1, 7-18-23)