(A) (1) Pursuant to the provisions of G.S. § 160A-205.4 et seq., one or more social districts may be created within the city and the city hereby creates and designates the following social district: Downtown Whiteville Social District which is designated as shown on a map dated September 12, 2022; the map is available in the office of the City Clerk, and signage and/or markings shall be posted clearly delineating the boundaries of the Social District.
(2) The Downtown Whiteville Social District shall be created, designated, and managed in accordance with the requirements contained in G.S. § 160A-205.4 and Chapter 18B.
(3) Any person who violates this section, and any person who aids, abets, encourages, assists in, or contributes to such violation, shall be guilty of a misdemeanor.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERMITTEE. A person holding any of the following ABC 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).
PERSON. An individual, firm, partnership, association, corporation, limited liability company, other organization or group, or other combination of individuals acting as a unit.
PREMISES. A fixed permanent establishment, including all areas inside or outside the permitted establishment, where the permittee has control through a lease, deed, or other legal process.
SOCIAL DISTRICT. A defined outdoor area in which a citizen may consume alcoholic beverages sold by a permittee. This term does not include the permittee's licensed premises or an extended area allowed under G.S. § 18B-904(h).
(C) Application.
(1) The provisions and terms contained in this section shall be applicable between the hours of 11:00 a.m. until midnight, Monday through Saturday and 10 a.m. until 8 p.m. on Sunday. At all other times, the provisions and terms contained in this section are not in effect and all provisions of state and local laws concerning the possession and consumption of alcohol shall be in full force and effect.
(2) Any alcoholic beverage purchased for consumption in the Downtown Whiteville Social District shall: (i) only be consumed in the Downtown Whiteville Social District; and (ii) be disposed of before the person in possession of the alcoholic beverage exits the Downtown Whiteville Social District unless the person is reentering the licensed premises where the alcoholic beverage was purchased. A violation of this section is a Class 3 misdemeanor.
(D) Requirements for sale of alcoholic beverages. A permittee located in or contiguous to the Downtown Whiteville Social District may sell alcoholic beverages for consumption within the Downtown Whiteville Social District it is located in or contiguous to in accordance with the following requirements:
(1) The permittee shall only sell and serve alcoholic beverages on its licensed premises.
(2) The permittee shall only sell alcoholic beverages for consumption in the Downtown Whiteville Social District in a container that meets all of the following requirements:
(a) The container clearly identifies the permittee from which the alcoholic beverage was purchased.
(b) The container clearly displays a logo or some other mark that is unique to the Downtown Whiteville Social District.
(c) The container is not comprised of glass.
(d) The container displays, in no less than 12-point font, the statement, "Drink Responsibly—Be 21."
(e) The container shall not hold more than 16 fluid ounces.
(3) The permittee shall not allow a person to enter or reenter its licensed premises with an alcoholic beverage not sold by the permittee.
(E) Requirements for possession and consumption of alcoholic beverages. The possession and consumption of an alcoholic beverage in the Downtown Whiteville Social District is subject to all of the following requirements:
(1) Only alcoholic beverages purchased from a permittee located in or contiguous to the Downtown Whiteville Social District may be possessed and consumed.
(2) Alcoholic beverages shall only be in containers meeting the requirements set forth in division (D)(2)(e) above.
(3) Alcoholic beverages shall only be possessed and consumed during the days and hours set forth in division (C)(1) above.
(4) Nothing in this division 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.
(5) A person shall dispose of any alcoholic beverage in the person's possession prior to exiting the Downtown Whiteville Social District unless the person is reentering the licensed premises where the alcoholic beverage was purchased.
(6) A violation of this section is a Class 3 misdemeanor.
(F) Exceptions. When a special event is held pursuant to a city, county, state, or private sponsored event, the terms of the special event will supersede the provisions of this section within the boundaries of the special event. Any alcohol purchased within the boundaries of the special event may not be taken outside of the special event, even if the alcohol is to be taken from the boundary of the special event into the boundary of the social district. A violation of this division is a Class 3 misdemeanor.
(G) Severability. If any section, phrase, sentence or portion of this section is held void, invalid, unconstitutional or unenforceable for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions thereof.
(Ord. 2022-Z-25, passed 9-27-2022)