§ 130.04  POSSESSION OR CONSUMPTION OF INTOXICATING LIQUORS.
   (A)   Possession or consumption on school property. 
      (1)   The City Council finds as a fact that the possession and consumption of intoxicating liquors as herein defined on property used for school purposes is detrimental to the health, safety and welfare of the citizens and residents of the city, and due to the un-sanitary conditions and adverse effect upon the youth of the city created thereby, is hereby declared to be a nuisance.
      (2)   It shall be unlawful for any person to possess or consume any intoxicating liquor on any premises  either  owned  or  occupied  by  the  Union County board of education.  For the purposes of this section, the phrase INTOXICATING LIQUOR shall be construed to include alcohol, brandy, whiskey, rum, gin, beer, ale, porter and wine, and any spirituous vinous, malt or fermented beverages, liquid and compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing one half of one percent or more of alcohol by volume, which are fit for use for beverage purposes. 
   (B)   Possession or consumption on city property.
      (1)   The City Council finds as a fact that the possession and consumption of intoxicating liquors as herein defined on the property known as Dickerson Park, Creft Park, Sunset Park, Jaycee Park, J. Ray Shute Center, Sutton Park, and Belk-Tonawanda Park and used for recreation activities and events, such as baseball, football, basketball, soccer (but not limited to the programs named), is detrimental to the health, safety and welfare of the citizens and residents of the city, and due to the unsanitary conditions and adverse effect upon the youth of the city created thereby is hereby declared to be a nuisance.
      (2)   It shall be unlawful for any person to possess or consume any intoxicating liquor on any premises enumerated in division (B)(1) above. 
      (3)   For the purpose of this section, the phrase INTOXICATING LIQUOR shall be construed to include alcohol, brandy, whiskey, rum, gin, beer, ale, porter and wine, and in addition thereto any spirituous, vinous, malt or fermented beverages, liquids and compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing one half of 1% or more of alcohol by volume, which are fit for use for beverage purposes.
   (C)   Consumption; possession of open container; disposal of containers.
      (1)   Definitions.  The following definitions shall apply for the purposes of this subsection.
   BEER.  The same meaning as the term MALT BEVERAGE, as defined by North Carolina General Statutes, Chapter 18B.
   OPEN CONTAINER.  A container that has a broken seal or a container other than the manufacturer's unopened original container.
   PUBLIC STREET.  Any highway, road, street, avenue, boulevard, or other way within and under the control of the city and open to public use, including the sidewalks of any such street.
   WINE.  The same meaning as the term UNFORTIFIED WINE, as defined by North Carolina General Statutes, Chapter 18B.
      (2)   Consumption in public.  Except as permitted in subsection (6) hereinafter, no person who is not an occupant of a motor vehicle shall consume any beer or wine upon or within the limits of any public street or sidewalk in the city.
      (3)   Consumption on private premises.  It shall be unlawful for any person to consume any wine or beer upon the private business premises of another without permission of the owner or person in control of such premises.
      (4)      Possession of open container in public.  Except as permitted in subsection (6) hereafter, it shall be unlawful for any person who is not an occupant of a motor vehicle to possess an open container of beer or wine upon or within the limits of any public street or sidewalk in the city.
      (5)      Container disposal.  It shall be unlawful  for  any  person  to  drop,  throw,  cast  or deposit any used wine or beer container upon any public street or sidewalk, or upon the private business premises of another without permission of the owner or person in control of such premises.
      (6)   Exception.  Possession and consumption of beer and wine is permitted during any community-sponsored public function, festival or celebration being conducted within a public street, sidewalk or other publicly owned area pursuant to a written permit issued by the city manager or his duly authorized designee pursuant to a written contract between the permittee and the city. This permit, when issued, will also allow the sale and service of beer and wine on designated streets, sidewalks and areas reserved for the event, subject to all applicable ABC regulations; provided, however, before such permit is issued under this section, the city manager or his duly authorized designee shall temporarily close those streets within the boundaries of the event specified in the Contract for general public use. Possession and consumption and sale and service shall only be permitted within the area designated and reserved for the event. Only community service oriented nonprofit organizations shall be eligible for permits under this subsection.
      (7)   Permits.  Application forms for the permit referred to above are available from the City's Safety Coordinator, and must be filed at least 5 days prior to the opening day of the event or series of events.
('84 Code, § 18-10)  (Am. Ord. passed 7-1-86; Am. Ord. passed 5-7-91; Am. Ord. 0-1998-30, passed 8-4-98; Am. Ord. O-1999-15, passed 4-13-99) Penalty, see § 130.99