(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context indicates or requires a different meaning.
MALT BEVERAGE. Beer, lager, malt liquor, ale, porter, and any other
brewed or fermented beverage or alcohol consumable except unfortified or fortified wine as defined by G.S. § 18B-101, containing at least 0.5%, and not more than 15%, alcohol by volume. Any malt beverage containing more than 6% alcohol by volume shall bear a label clearly indicating the alcohol content of the malt beverage.
(G.S. § 18B-101(9))
OPEN CONTAINER. A container whose seal has been broken or a container other than the manufacturer’s unopened original container.
(G.S. § 18B-300(c))
PUBLIC STREET. Any highway, road, street, avenue, boulevard, alley, bridge or other way within and/or under the control of the city and open to public use, including the sidewalks of any street.
UNFORTIFIED WINE. Any wine or alcohol consumable containing 16% or less alcohol by volume made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in accordance with the regulations of the United States.
(G.S. § 18B-101(15))
(B) Consumption on the public streets and on municipal property prohibited. It shall be unlawful for any person who is not an occupant of a motor vehicle to consume malt beverages and/or unfortified wine on the public streets. Furthermore, it shall be unlawful for any person to consume malt beverages and/or unfortified wine on any property, whether located inside or outside the corporate limits, owned, occupied or controlled by the city including, but not limited to, public buildings and the grounds appurtenant thereto, municipal parking lots, public parks, playgrounds, recreational areas, tennis courts and other athletic fields.
(C) Possession of open containers on the public streets and on municipal property prohibited. It shall be unlawful for any person who is not an occupant of a motor vehicle to possess any open container of malt beverage and/or unfortified wine on the public streets. Furthermore, it shall be unlawful for any person to possess any open container of malt beverage and/or unfortified wine of any property, whether located inside or outside the corporate limits, owned, occupied or controlled by the city, including, but not limited to, public buildings and the grounds appurtenant thereto, municipal parking lots, public parks, playgrounds, recreational areas, tennis courts and other athletic fields.
(D) Possession during special events prohibited. It shall be unlawful for any person to possess malt beverages and/or unfortified wine on public streets, alleys or parking lots which are temporarily closed to regular traffic for special events, unless the City Council adopts a resolution making other provisions for the possession of malt beverages and/or unfortified wine at the special event.
(E) Exemptions. Possession and consumption of malt beverages and/or unfortified wine shall be permitted within a building or premises on city-owned property where appropriate permits have been obtained as required by law for the possession and consumption of alcoholic beverages for the period of time permitted thereunder.
(2009 Code, § 111.02) (Ord. passed 5-8-1990; Ord. passed 11-14-1995) Penalty, see § 90.99