ATTACHMENT 3
Chapter 3
ALCOHOLIC BEVERAGES*
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* Cross References: Administration, Ch. 2; licenses and business regulations, Ch. 10; drive-in restaurants, § 10-49 et seq.; noise, § 11-37 et seq.
State Law References: Regulation of alcoholic beverages, G.S. § 18B-100 et seq.
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Sec. 3-1. Findings and purposes.
Sec. 3-2. Consumption of malt beverages or unfortified wine on streets, sidewalks, municipal parking lots or any real estate or buildings owned or occupied by the town.
Sec. 3-3. Possession of open containers of malt beverages and unfortified wines on streets, sidewalks, municipal parking lots or any real estate or buildings owned or occupied by the town.
Sec. 3-4. Possession of malt beverages and unfortified wines on public streets, alleys, or parking lots which are temporarily closed to regular traffic for special events.
Sec. 3-5. Violations and penalties.
Sec. 3-1. Findings and purposes.
The town council does hereby find that:
(1) North Carolina General Statutes Chapter 18B and Section 105-113.71 authorize municipalities to exercise limited regulatory authority over the licensing and permitting of places selling alcoholic beverages and over the possession and consumption of alcoholic beverages.
(2) The exercise of that authority by the Town of Chapel Hill is for the benefit of the public health, safety and welfare of the citizens of Chapel Hill and the greater Chapel Hill community.
(3) The provisions of Chapter Three and Chapter Ten, sections 10-18 and 10-18.1 of the Town Code are intended to implement the authority of the town to regulate a) the licensing and permitting of establishments selling alcoholic beverages to the extent authorized by Chapter 18B and Section 105-113.71 of the General Statutes; and, b) the possession and consumption of alcoholic beverages to the extent authorized by Chapter 18B of the General Statutes.
(Ord. No. 96-4-2/O-3, § 1)
Editors Note: Ord. No. 96-4-2/O-3, § 1 amended § 3-1 of the Code in its entirety to read as herein set out. Prior to amendment, § 3-1 pertained to licenses for the retail sale of beer and wine and derived from a resolution of Jan. 8, 1962.
Sec. 3-2. Consumption of malt beverages or unfortified wine on streets, sidewalks, municipal parking lots or any real estate or buildings owned or occupied by the town.
It shall be unlawful for any person who is not an occupant of a motor vehicle to consume malt beverages or unfortified wine on any street, sidewalk or alley; or in any municipal parking lot; or on the grounds of any public building of the town; or on any real estate owned or controlled by the town including but not limited to public parks, playgrounds, tot lots, recreational fields, tennis courts, or other athletic fields; or in any of the buildings owned by the town.
This section shall not apply to buildings owned by the town, which are under lease for terms at least one (1) year, to the extent provided for under the terms of the town's lease.
(Ord. of 3-28-66; Ord. of 6-26-67, § 1; Ord. No. O-74-40, § 1, 6-24-74; Ord. No. O-80-48, §§ 1, 2, 7-15-80; Ord. No. 95-6-26/O-5, § 1; Ord. No. 95-9-11/O-5, § 1; Ord. No. 98-10-26/O-3; 10-26-98)
Sec. 3-3. Possession of open containers of malt beverages and unfortified wines on streets, sidewalks, municipal parking lots or any real estate or buildings owned or occupied by the town.
It shall be unlawful for any person who is not an occupant of a motor vehicle on any street, sidewalk or alley; or in any municipal parking lot; or on the grounds of any public building of the town; or on any real estate owned or controlled by the town including but not limited to public parks, playgrounds, tot lots, recreational fields, tennis courts, or other athletic fields; or in any of the buildings owned by the town to possess any open container of malt beverage or unfortified wine.
(Ord. No. 95-6-26/O-5, § 2; Ord. No. 95-9-11/O-5, § 2)
Sec. 3-4. Possession of malt beverages and unfortified wines on public streets, alleys, or parking lots which are temporarily closed to regular traffic for special events.
It shall be unlawful for any person to possess any malt beverage or unfortified wine on any public street, alley or parking lot which has been temporarily closed to regular traffic for a special event.
For purposes of this section, a special event shall include a street fair or other event for which a street, alley or parking lot has been formally closed by an official action of the town or some other agency with proper authority as well as a street, alley or parking lot which has been closed for public safety purposes due to an unofficial gathering of large crowds.
(Ord. No. 95-6-26/O-5, § 3)
Sec. 3-5. Violations and penalties.
Any person who violates sections 3-2, 3-3, or 3-4 shall be guilty of a misdemeanor and shall be fined not more than fifty dollars ($50.00).
(Ord. No. 95-6-26/O-5, § 4)