(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ALCOHOLIC BEVERAGE." Any beverage containing at least 0.5 alcohol by volume, including malt beverages, unfortified wine, fortified wine, spirituous liquor and mixed beverages. (G.S. 18B-101(4))
"MALT BEVERAGES." Beer, lager, malt liquor, ale, porter and any other brewed or fermented beverage containing at least 0.5% and not more than 6% alcohol by volume. (G.S. 18B-101(9))
"OPEN CONTAINER." A container for the transportation of any malt beverage or unfortified wine other than the original manufacturer's container or a container of malt beverage or unfortified wine on which the manufacturer's seal has been broker.
"PEDESTRIAN." A person traveling on or present in any public street, right-of-way, alley, facility or other property owned or occupied by the town by means other than in a motor vehicle as defined in G.S. Ch. 20.
"PERSON." An individual, firm, partnership, association, corporation, commercial establishment, other organization or group or other combination of individuals acting as a unit.
"UNFORTIFIED WINE." Wine that has an alcoholic content produced only by natural fermentation or by the addition of pure cane, beer or dextrose sugar, and that has an alcoholic content of not more than 17% alcohol by volume. (G.S. 18B-101(15))
(B) It shall be unlawful for:
(1) Any person to consume a malt beverage or unfortified wine on any public street, road, highway, sidewalk, right-of-way, alley, facility or other property owned or occupied by the town;
(2) Any pedestrian on any public street, road, highway, sidewalk, right-of-way, alley, facility or other property owned or occupied by the town to possess in an open container any malt beverage or unfortified wine;
(3) Any person to possess a malt beverage or unfortified wine on any public street, road, highway, sidewalk, alley, parking lot or right-of-way which is temporarily closed to regular traffic for special events.
(C) It shall be unlawful for any person to consume any alcoholic beverages on any property or premises owned or occupied by the town.
(D) It shall be unlawful for any person to aid, abet, command, counsel, induce or procure another to violate this section or in any manner to facilitate a violation of this section.
(E) All premises licenses for the sale of any alcoholic beverages shall post a conspicuous notice at each exit stating as follows: "NO ALCOHOLIC BEVERAGE MAY BE CARRIED IN AN OPEN CONTAINER OUT OF THESE PREMISES."
(Ord. 1259, passed 9-21-95)