(A) Violations.
(1) Except as provided for in divisions (A)(3) and (4) below, it shall be unlawful and a violation of the provisions of this section for any person who is not an occupant of a motor vehicle to consume malt beverages or unfortified wine on any public street or alley in the corporate limits of the town and on property that is owned, occupied, or controlled by the town, including all public sidewalks in the corporate limits of the town.
(2) Except as provided in divisions (A)(3) and (4) below, it shall be unlawful and a violation of the provisions of this section for any person who is not an occupant of a motor vehicle to possess an open container of malt beverages or unfortified wine on a public street or alley in the corporate limits of the town of or on any property that is owned, occupied, or controlled by the town including all public sidewalks in the corporate limits of the town.
(3) Except as provided in this division and division (A)(4) below, it shall be unlawful and a violation of the provisions of this section for any person to consume malt beverages or unfortified wine or to possess an open container of malt beverage or unfortified wine on any public street, alley, or parking lot within the corporate limits of the town which has been closed to regular traffic for special events unless the Mayor has issued a special event alcohol permit authorizing the possession of malt beverages and unfortified wine on public streets, alleys, or parking lots which are temporarily closed to regular traffic for special events for the event, location and time in question.
(4) It shall be unlawful and a violation of the provisions of this section for any person to consume malt beverages or unfortified wine or to possess an open container of a malt beverage or unfortified wine on that portion of Fain Alley between the intersection of Fain Alley and Valley River Avenue and the intersection of Fain Alley and Bulletin Street unless the town has approved a Fain Alley Use Agreement Form for an event and the Mayor has issued a special event alcohol permit authorizing the consumption of malt beverages and unfortified wine and the possession of an open container of a malt beverage or unfortified wine for the event, location and time in question.
(5) (a) Consumption of malt beverages or unfortified wine by a customer seated on a sidewalk in the State of North Carolina right-of-way associated with components of the North Carolina State Highway System or a customer seated on a sidewalk in the town street or alley right-of-way served by a restaurant having a valid sidewalk dining activities permit issued by the town and having valid appropriate ABC on-premises permits issued by the North Carolina Alcoholic Beverage Control Commission and in compliance with division (A)(4)(f) below is hereby authorized and shall not constitute a violation of this chapter.
(b) Possession of an open container of a malt beverage or unfortified wine by a server employed by a restaurant serving food and beverages to customers seated on a sidewalk in the State of North Carolina right-of-way associated with components of the North Carolina State Highway System or customers seated on a sidewalk in the town street or alley right-of-way which restaurant has a valid sidewalk dining activities permit issued by the town and has appropriate valid ABC on-premises permits issued by the North Carolina Alcoholic Beverage Control Commission and in compliance with division (A)(4)(e) below is hereby authorized and shall not constitute a violation of this chapter.
(c) Possession of an open container of a malt beverage or unfortified wine by a customer of a restaurant seated on a sidewalk in the North Carolina State right-of-way associated with components of the North Carolina Highway System or a customer seated on a sidewalk in the town street or alley right-of-way which restaurant has a valid sidewalk dining activities permit issued by the town and has appropriate valid ABC on-premises permits issued by the North Carolina Alcoholic Beverage Control Commission and in compliance with division (A)(4)(f) below is hereby authorized and shall not constitute a violation of this chapter.
(d) A restaurant which has a valid sidewalk dining activities permit issued by the town and has appropriate valid ABC on-premises permits issued by the North Carolina Alcoholic Beverage Control Commission shall not serve alcoholic beverages to a customer seated on a sidewalk in the State of North Carolina right-of-way associated with components of the North Carolina State Highway System or a customer seated on a sidewalk in the town street or alley right-of-way unless the customer has also ordered food.
(e) All alcoholic beverages served by a server employed by a restaurant serving food and beverages to customers seated on a sidewalk in the State of North Carolina right-of-way associated with components of the North Carolina State Highway System or a customer seated on a sidewalk in the town street or alley right-of-way which restaurant has a valid sidewalk dining activities permit issued by the town and has appropriate valid ABC on-premises permits issued by the North Carolina Alcoholic Beverage Control Commission shall only be served in a cup or glass made of plastic or glass which cup or glass is a 16 fluid ounce or less container.
(f) All alcoholic beverages consumed by a customer seated on a sidewalk in the State of North Carolina right-of-way associated with components of the North Carolina State Highway System or a customer seated on a sidewalk in the town street or alley right-of-way served by a restaurant which has a valid sidewalk dining activities permit issued by the town and has appropriate valid ABC on-premises permits issued by the North Carolina Alcoholic Beverage Control Commission shall only be consumed from a cup or glass made of plastic or glass which cup or glass is a 16 fluid ounce or less container.
(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
OPEN CONTAINER. A container whose seal has been broken or a container other than the manufacturer's unopened original container.
(C) Enforcement. It shall be the duty of the town Police Department to enforce the provisions of this section.
(D) Exercise of police power. This entire section shall be deemed and construed to be an exercise of the police power of the town in the State of North Carolina for the preservation and protection of public safety, and all its provisions shall be liberally construed with a view to the effectuation of the purpose.
(Ord. passed 9-11-1995; Am. Ord. passed 7-2-2018; Am. Ord. passed 6-1-2020; Am. Ord. passed 6-1-2020; Am. Ord. passed 9-8-2020; Am. Ord. passed 3-7-2022) Penalty, see
§
112.99