ATTACHMENT 4
ASHEVILLE CITY CODE
Sec. 11-11. Consumption and possession of malt beverages
or unfortified wine.
(a) Definitions. In addition to the common meanings of words, the following definitions shall be applicable herein:
(1) Malt beverage shall mean beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage containing at least one-half of one (0.5) percent and not more than six percent, alcohol by volume.
(2) Open container shall mean a container whose seal has been broken or a container other than the manufacturer's unopened original container.
(3) Public street shall mean 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 such street.
(4) Unfortified wine shall mean wine that has an alcoholic content produced only by natural fermentation or by the addition of pure cane, beet, or dextrose sugar.
(b) Consumption on the public streets and on municipal property prohibited. Except as provided hereinafter, it shall be unlawful for any person, who is not an occupant of a motor vehicle, to consume malt beverage and/or unfortified wine on the public streets in the city. Furthermore, it shall be unlawful for any person to consume malt beverage 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 parks, playgrounds, recreational areas, tennis courts, and other athletic fields, but excluding specifically locations for which the city manager, civic center director or parks and recreation director have authorized application for and for which an ABC permit has been issued and only according to the requirements of that ABC permit.
(c) Possession of open containers on the public streets and on municipal property prohibited. Except as provided hereinafter, 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 in the city. Furthermore, it shall be unlawful for any person to possess any open container of malt beverage 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, but excluding specifically locations for which the city manager, civic center director or parks and recreation director have authorized application for and for which an ABC permit has been issued and only according to the requirements of that ABC permit.
(d) Possession during community events and festivals 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 community events and festivals, unless the city council adopts a resolution making other provisions for the possession of malt beverages and/or unfortified wine at the community events and festivals.
(e) Possession and consumption allowed during certain community events and festivals. A person who is not an occupant of a motor vehicle and who is of the age permitted by North Carolina Statute may consume or possess malt beverages and/or unfortified wine on the public streets and on any property, whether located inside or outside the corporate limits, owned, occupied or controlled by the city, if the city council has adopted a resolution making provisions for the possession and consumption of malt beverages and/or unfortified wine at a community event or festival.
(f) Possession and consumption allowed in certain outdoor dining areas. A person who is not an occupant of a motor vehicle and who is of the age permitted by North Carolina Statute may consume or possess malt beverages and/or unfortified wine in outdoor dining areas for which an ABC permit and a city permit for an outdoor dining area, as set forth in Article V of Chapter 16 of the Code of Ordinances of the City of Asheville, have been issued.
(g) Penalty. Violation of this section, or any subsection, shall constitute a misdemeanor, punishable in accordance with N.C. Gen. Stat. sec. 14-4.
DURHAM CITY CODE
Sec. 12-16. Alcoholic beverages--Possession and consumption in public buildings and parks.
(a) Definitions. The following words shall have the meanings set forth herein unless the context clearly indicates otherwise:
Alcoholic beverage means any beverage containing at least one-half of one per cent alcohol by volume including malt beverages, unfortified wine, fortified wine, spirituous liquor, and mixed beverages.
Malt beverage means beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage containing at least one-half of one per cent, and not more than six (6) per cent alcohol by volume.
Private function means an event where individual persons or members of an identifiable group are invited to attend, but is not open to the general public.
Unfortified wine means wine that has an alcoholic content produced only by natural fermentation or by the addition of pure cane boot, or dextrose sugar, and that has an alcoholic content of not more than seventeen (17) per cent alcohol by volume.
(b) Except as is provided in sections (c) and (d) of this section, no person shall consume any malt beverage, unfortified wine or alcoholic beverage on any property owned or occupied by the city.
(c) The consumption of malt beverages and unfortified wine shall be lawful, upon the securing of the necessary permits from the city and the North Carolina Alcoholic Beverage Control Commission, in the following facilities and areas owned or operated by the city:
(1) The building called McCown-Mangum House in West Point on the Eno Park and its attached patio;
(2) The property, building and grounds of the police training and recreational facility at Lake Michie;
(3) The plaza on top of the Durham Center Parking Garage (Peoples Plaza);
(4) The Durham Civic Center Plaza (such plaza being the area bounded by the Durham Civic Center on the south, the Carolina Theater Building on the west, Morgan Street on the north, and Foster Street on the east);
(5) The grassed areas known as the Amphitheater located on the north side of the Eno River in West Point on the Eno Park, only during the time in which private functions are being held; and
(6) The following parks located within the downtown area of the city only when such parks are being used for events that are open to the general public: the park located at Five Points, known as Muirhead Plaza; the park at the intersection of Mangum Street and Morgan Street, known as Rotary Park; the park at the intersection of Mangum Street and Main Street; and the park at the intersection of Corcoran Street and Main Street.
(d) The consumption of alcoholic beverages shall be lawful, upon the securing of the necessary permits from the city and the North Carolina Alcoholic Beverage Control Commission, in the building called Spruce Pine Lodge in the Lake Michie Recreation Area, its lawn and the associated picnic area and playfield.
(e) Any person desiring to provide malt beverages or unfortified wine for consumption to invited guests at a private function in one of the facilities or areas listed in subsection (c) or alcoholic beverages in the Spruce Pine Lodge shall obtain a permit from the City Manager's Office and shall abide by any and all rules or regulations approved by the city council concerning such consumption.
Any person desiring to provide malt beverages or unfortified wine for consumption to the general public in one of the facilities or areas listed in subsection (c) shall obtain a permit from the city council and shall abide by any and all rules or regulations approved by the city council concerning such consumption. As a result of safety and fire concerns, the providing of malt beverages, unfortified wine or other alcoholic beverages to the general public in the McCown-Mangum House and Spruce Pine Lodge is prohibited.
(f) The consumption of malt beverages and unfortified wine shall be lawful in the following facilities or areas which have been leased from the city by outside agencies:
(1) The Central Civic Center Building;
(2) The property leased by the city to the Museum of Life and Science;
(3) The Durham Civic Center;
(4) The Durham Arts Council Building;
(5) The Carolina Theater Building;
(6) The Durham Athletic Park; provided, however, that the contents of any beer or wine sold in bottles or cans must be poured into cups; and
(7) The new Durham Ballpark; provided, however, that the contents of any beer or wine sold in bottles or cans must be poured into cups.
Nothing in this article shall be interpreted as preventing any of the agencies listed in this section from determining under what circumstances, if any, they will permit the consumption of malt beverages and unfortified wine in the facilities or areas leased from the city.
(g) The agencies listed in subsection (f) must, however, if they choose to allow the consumption of malt beverages and unfortified wine in the facilities or areas leased from the city:
(1) Make available on site at all times during which malt beverages and unfortified wine are consumed, one or more persons who shall be responsible for ensuring that no alcoholic beverages are provided to underage or intoxicated persons; and
(2) Maintain general liability insurance applicable to the serving of malt beverages and unfortified wine at the event for which the permit has been obtained and shall name the City of Durham as an additional insured on the policy with respect to claims arising out of the use of the property owned or operated by the city and the issuing of the permit by the city. A certificate evidencing such insurance shall be submitted to the city manager's office prior to the holding of an event where malt beverages or unfortified wine is served. Insurance shall be in minimum limits of five hundred thousand dollars ($500,000.00) (combined single limit for bodily injury and property damage liability). The city's risk manager may vary or waive any requirements stated herein this subsection depending upon the nature of the event for which the permit is to be issued.
Sec. 12-4001. CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES ON CITY PROPERTY OR PUBLIC VEHICULAR AREAS.
Except as provided by this chapter, it shall be unlawful for any pedestrian to consume malt beverages or unfortified wine on any City street and it shall be unlawful for any person to possess an open container of malt beverages or unfortified wine on any property owned, occupied, or controlled by the City. It shall also be unlawful to possess malt beverages and unfortified wine on any street , alley or parking lot which is temporarily closed to regular traffic for a special event unless the resolution of City Council closing the street , alley, or parking lot makes other provisions for the possession of malt beverages or unfortified wine. An open container is one whose seal has been broken or a container other than the manufacturer's unopened original container.
Sec. 12-4002. CONSUMPTION OF MALT BEVERAGES AND
UNFORTIFIED WINE IN CITY PARKS.
The consumption of malt beverages and unfortified wine, as defined by Chapter 18B of the North Carolina General Statutes, is permitted in Mordecai Square Historic Park, Raleigh Little Theater, Theater in the Park, Tucker House, Borden Building, Lake Wheeler, Lake Johnson, Magnolia Cottage, Durant Park, Millbrook Tennis Center and Anderson Point Park. Any such consumption shall be allowed only after the issuance of a permit from the Parks and Recreation Director. The permit can include all or a part of the grounds and buildings of any of the named parks. The permit may be issued only to groups sponsored by the City of Raleigh or groups renting park facilities. The Parks and Recreation Director shall establish and promulgate rules and regulations for the issuance of any such permits. Consumption of malt beverages and unfortified wine at other parks and consumption of other alcoholic beverages at any park may only be done with the express prior approval of the Raleigh City Council .
WINSTON-SALEM CITY CODE
Sec. 38-6. Alcoholic beverages at city-owned or city-operated facilities--Consumption at park and recreation facilities generally.
Unless otherwise provided in this Code, it shall be unlawful for any person to drink wine, beer or other alcoholic beverages, or to offer a drink to another person, whether accepted or not, anywhere on the premises (including streets, drives and parking areas used in connection therewith) of any city-owned or city-operated swimming pool, recreation center, tennis court, recreation area, playground or park.
Sec. 38-7. Same--Sale by city at certain facilities;
possession by persons entering facility.
(a) Sale of beer, wine and alcoholic beverages. The provisions of section 38-9 to the contrary notwithstanding, it shall be lawful for the city, upon receipt of an alcoholic beverage permit from the state, to sell beer, wine and alcoholic beverages for consumption on-premises, when offered in conjunction with food and beverage concessions operated by the Fairgrounds, Lawrence Joel Veterans Memorial Coliseum, the Coliseum Annex, Benton Convention Center, city-operated golf courses and Bowman Gray Stadium.
(b) Possession by persons entering facility. Admittance to any event at a city-owned facility by any person (attendee or sponsor) with alcoholic beverages in their possession shall be unlawful, except when authorized by a special concession or brown bagging permit issued by the state.
Sec. 38-8. Same--Sale or service at Fairgrounds, Winston Square Park, Wayne A. Corpening Plaza and Piedmont Triad Research Park Courtyard;
service during special events.
(a) Fairgrounds. It shall be lawful in a leased event at the Fairgrounds for the lessee to serve or sell alcoholic beverages in areas designated in the lease. Any legally required licenses or permits shall be obtained by the lessee, and the lessee will be responsible for maintaining decorum and order and leaving the premises in a clean condition.
(b) Piedmont Triad Research Park Courtyard. It shall be lawful to serve or sell alcoholic beverages within the Piedmont Triad Research Park Courtyard at an event hosted by the city or by !dealliance, a North Carolina Non-Profit Corporation, or the designees, assigns or successors of !dealliance, where such event is intended to further promote the development of the Piedmont Triad Research Park, where the boundaries of the area in which alcoholic beverages are served are clearly delineated, where access to this area is restricted to event guests who shall be at least 21 years of age and where the requirements (1) through (4) of subsection (d) below are met. Further, should the Courtyard be used for events other than those set out above, the city, operator or a renter may seek a special permit application pursuant to paragraph (d) below. Any legally required licenses or permits shall be obtained by the event coordinator, and the event coordinator shall be responsible for maintaining decorum and order and leaving the premises in a clean condition.
(c) Winston Square Park and Wayne A. Corpening Plaza. It shall be lawful for the city, the operator or a renter for a scheduled event to provide or to provide for the serving of beer or wine at the Winston Square Park and Wayne A. Corpening Plaza, either with or without charge being made therefore; provided all applicable health and ABC laws are complied with; and further provided that the contents of beer bottles or cans or wine bottles shall be poured into appropriate cups or glasses and all empty bottles or cans shall be handled and stored in such a manner as not to be broken or left in the park or plaza area.
(d) Service at other premises during special events. It shall be lawful for the city, the operator or a renter during a special event to provide or to provide for the serving of beer or wine on city property designated by the city council by resolution, or on city property designated in a special exhibition permit application approved by the city secretary; either with or without charge being made therefore; provided:
(1) Such city property designated is not in front of an existing restaurant, bar, or private club or on that part of the sidewalk otherwise permitted for sidewalk dining;
(2) All applicable health and ABC laws are complied with;
(3) The contents of beer bottles or cans or wine bottles shall be poured into appropriate cups or glasses; and
(4) All empty bottles or cans shall be handled and stored in such a manner as not to be broken or left on the city property.
Sec. 38-9. Consumption or possession of malt beverages
and unfortified wine on property owned, occupied or controlled by the city.
(a) Prohibited. Subject to the specific provisions of this chapter to the contrary and to permission otherwise granted by the city council or granted by the city secretary under section 38-8 herein, it shall be unlawful:
(1) For any person to consume malt beverages or unfortified wine on property owned, occupied or controlled by the city, or for any person who is not an occupant of a motor vehicle to consume malt beverages or unfortified wine on public streets.
(2) For any person to possess open containers of malt beverages or unfortified wine on property owned, occupied or controlled by the city, or for any person who is not an occupant of a motor vehicle to possess open containers of malt beverages or unfortified wine on public streets.
(3) For any person to possess malt beverages or unfortified wine on public streets, alleys or parking lots which are temporarily closed to regular traffic for special events unless such malt beverage or unfortified wine was obtained through the sale or service of the same permitted under section 38-8 herein.
(b) Discarding containers. It shall be unlawful for any person to discard or deposit any malt beverage or wine (fortified or unfortified) container in any public place, or upon any public street, or upon the private premises of another, without permission of the owner or person entitled to possession of such premises.