The Town Council creates the Pineville Social District(s) as follows.
(A) Purpose and intent.
(1) Pursuant to the provisions of G.S. § 160A-205.4 et seq. and G.S. § 18B-300.1, one or more social districts may be created within the town. The town hereby creates and designates the Pineville Social District(s), hereafter “Social District”, as shown on Exhibit A below.
Exhibit A: Downtown Pineville Social District
( 2 ) The Social District shall be created, designated, and managed in accordance with the requirements contained in G.S. § 160A-205.4 and G.S. Chapter 18B, as may be amended, updated or adopted from time to time.
(3) Any permittee, non-permittee or person who violates this section, and any permittee, non-permittee or person who aids, abets, encourages, assists in, or contributes to the violation, shall be subject to one or a combination of the enforcement methods set forth in division (H)
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CUSTOMER. A person who purchases an alcoholic beverage from an ABC permittee that is in a social district.
NON-PERMITTEE. A business that is located in a social district and does not hold an ABC permit.
PERSON. An individual, firm, partnership, association, corporation, limited liability company, other organization, group, or combination of individuals acting as a unit.
PERMITTEE. A person holding any of the following permits issued by the North Carolina Alcoholic Beverage Control Commission established under G.S. § 18B-200:
(a) An on-premises malt beverage permit issued pursuant to G.S. § 18B-1001(1);
(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. § 18B-1001(5);
(d) A mixed beverages permit issued pursuant to G.S. § 18B-1001(10);
(e) A distillery permit issued pursuant to G.S. § 18B -1100(5);
(f) A wine shop permit issued pursuant to G.S. § 18B-1001(16).
PREMISES. A fixed permanent establishment, including all areas inside or outside the establishment, where the business has control through a lease, deed, or other legal process.
SOCIAL DISTRICT. A defined area in which a person 21 years or older 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. 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.
WAIVER. Businesses in the Social District, both permittee and non-permittee, who do not want to participate in the Social District.
(C) Application.
(1) The provisions and terms contained in this section shall be applicable to the Social District, illustrated in Exhibit A in division (A)(1), between the hours of 12:00 p.m. and 10:00 p.m., Monday through Saturday, and the hours of 1:00 p.m. to 10:00 p.m. on Sunday.
(2) Any alcoholic beverage purchased for consumption in the Social District shall:
(a) Only be consumed in the Social District; and
(b) Be disposed of before the person in possession of the alcoholic beverage exits the Social District.
(D) Requirements for sale of alcoholic beverages.
(1) Any permittee in a social district desiring to engage as a social district participant, must apply for and obtain a social district permit from the town. The permittee shall be responsible to operate its business in accordance with all town and state ordinances, laws, rules, regulations and operations plan that governs social district activities.
(2) A permittee located in the Social District may sell open containers of alcoholic beverages for consumption within the Social District and allow customers to exit its premises to the Social District in accordance with the following requirements.
(a) The permittee shall only sell and serve alcoholic beverages on its licensed premises.
(b) The permittee shall only sell open containers of alcoholic beverages for consumption in the Social District and off the permittee’s premises in a container that meets all of the following requirements:
1. The container clearly identifies the permittee from which the alcoholic beverage was purchased;
2. The container clearly displays the town-approved Social District logo that is unique to the Pineville Social District;
3. The container is comprised of a recyclable and/or reusable material other than glass;
4. The container displays, in no less than 12-point font, the statement, “Drink Responsibly - Be 21”;
5. The container shall not hold more than 16 fluid ounces;
6. The container will be provided by the permittee.
(3) Notwithstanding G.S. § 18B-300 and G.S. § 18B-301, a permittee business may allow a customer to possess and consume on the business’s premises alcoholic beverages purchased from any permittee in the Social District.
(E) Non-permittee business located within the Social District.
(1) The town shall create and provide to participating non-permittee businesses a uniform sign that indicates the non-permittee business is participating in the Social District.
(a) The participating non-permittee business shall display the uniform sign in front window at all times when the Social District is active. A customer may not bring an alcoholic beverage into a non-permittee business that does not display the uniform sign.
(b) No non-permittee business shall be required to participate or be included in the Social District or to allow customers to bring alcohol onto its premises.
(2) All non-permittee businesses that are part of the Social District and that allow customers to bring alcoholic beverages onto their premises shall clearly post town-approved signage on any exits that do not open to the Social District, indicating that alcoholic beverages may not be taken past that point.
(3) During the days and hours when the Social District is active, a non-permittee business that allows customers to bring alcoholic beverages onto its premises shall allow law enforcement officers access to the areas of the premises accessible by customers.
(F) Waiver of participation. Businesses in the Social District, both permittees and non-permittees, who do not want to participate (who will not allow customers to bring alcohol on their premises or who will not serve alcohol for Social District purposes) shall sign a waiver and file it with the town. The “Not Permitted Here” sign will be provided by the town to be displayed by these businesses.
(G) Requirements for possession and consumption of alcoholic beverages. The possession and consumption of an alcoholic beverage in the Social District is subject to all of the following requirements.
(1) Only alcoholic beverages purchased from a permittee located in the Social District may be possessed and consumed.
(2) Alcoholic beverages shall only be in containers meeting the requirements set forth in division (D)(2) of this section, except for alcoholic beverages sold by a permittee for consumption on the permittee’s premises.
(3) Nothing in this section shall be construed as authorizing the sale and delivery of alcoholic beverage drinks in excess of the limitation set forth in G.S. § 18B-1010 or permitting consumption in a motor vehicle or other type of transportation per state law.
(4) A person shall dispose of any open container of an alcoholic beverage in the person’s possession prior to exiting the Social District, unless the person is reentering the licensed premises where the alcoholic beverage was purchased.
(H) Penalty. The town may enforce the provisions of this section by one or a combination of the following methods.
(1) Permit revocation or suspension, or permanent ban. Any permittee, non-permittee or person who violates any provision of this section may be subject to having its Social District permit revoked or suspended, or being permanently banned from participating in the Social District.
(2) Civil penalty. Any permittee, non-permittee or person who violates any provision of this section may be fined by a civil penalty of $100 per occurrence, which may be recovered by the town in a civil action in the nature of a debt if the violator does not pay the penalty within 30 days from the date the violator is notified of the penalty. Any other service charges imposed by this section may be collected by the town as a civil penalty in a civil action.
(3) Equitable remedy. The town may apply to a court of competent jurisdiction for an injunction, abatement order or any other appropriate equitable remedy.
(Ord. 2023-03, passed 10-10-2023)