§ 24-5. Consumption of intoxicating liquor.

(a)

It shall be unlawful for any person to consume any intoxicating liquor, as defined by G.S. 18B-101, on any property owned or controlled by the town or upon any public vehicular area. This section shall not apply to the premises of those establishments that have an "on-premises" ABC permit as prescribed under G.S. 18A-38.

(b)

Such public vehicular area shall mean and include any drive, driveway, road, roadway, street, sidewalk, alley, parking area or other space open for the purpose of vehicular traffic or operation upon the grounds or premises of:

(1)

Any public or private hospital, college, university, school, orphanage or church, or any institution maintained and supported by the state or the town.

(2)

Any service station, car wash, supermarket, store, restaurant, amusement center, lounge, shopping center or office building, or any other business, or municipal establishment or groups of such establishments providing parking space for customers, patrons, employees or the public.

(c)

Those violating this section shall be guilty of a misdemeanor and shall be punished in accordance with section 1-6.

(d)

Notwithstanding the preceding subsection, it shall be lawful for any person who may otherwise lawfully possess and consume malt beverages and unfortified wine to possess and consume malt beverages and unfortified wine upon a public street, alley or parking lot which has been temporarily closed to regular traffic for a special event, or upon other property owned, occupied or controlled by the town, provided the board of commissioners or its designee has authorized the temporary closing of such street, alley or parking lot to regular traffic for a special event and/or has authorized the event affecting any such other property owned, occupied or controlled by the town; and further provided the mayor or the town manager has signed and posted at town hall a notice reciting at least the following information:

(1)

A description of the area to be temporarily closed or the area to be used for the special event;

(2)

The date and time that such areas will be temporarily closed/used for the event;

(3)

The purpose of the closure/event;

(4)

The fact that possession and consumption of malt beverages and unfortified wine will be permitted upon the temporarily closed area or upon the specified property owned, occupied or controlled by the town during the specified time pursuant to the terms of this section; and

(5)

A statement that only malt beverages and unfortified wine may be possessed and consumed on the event premises and that no spirituous liquor or fortified wine may be possessed or consumed on the event premises.

(e)

Violation of subsection (a) of this section shall be a misdemeanor enforceable per the terms of section 1-6 and G.S. 14-4 as they now exist or may hereafter be amended or recodified.

(Code 1979, § 8-1007; Code 1990, § 12-6; Ord. No. 07-003, 5-22-2007)