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)

Editor's 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.

The provisions of this section shall not apply to the service of malt beverages and unfortified wines to, or the possession and consumption of malt beverages and unfortified wines by, persons seated and receiving food service at locations where the sale of food and beverages is permitted under section 17-88 of the Town Code, provided that the applicable provisions of article VI, chapter 17 of the Town Code are followed and further provided that the business serving the malt beverages and unfortified wines shall have all required state and town permits required for the location on the public right-of-way where the sale and consumption of such beverages are taking place.

(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; Ord. No. 2004-09-07/O-4, § 1)

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.

The provisions of this section shall not apply to the service of malt beverages and unfortified wines to, or the possession and consumption of malt beverages and unfortified wines by, persons seated and receiving food service at locations where the sale of food and beverages is permitted under section 17-88 of the Town Code, provided that the applicable provisions of article VI, chapter 17 of the Town Code are followed and further provided that the business serving the malt beverages and unfortified wines shall have all required state and town permits required for the location on the public right-of-way where the sale and consumption of such beverages are taking place.

(Ord. No. 95-6-26/O-5, § 2; Ord. No. 95-9-11/O-5, § 2; Ord. No. 2004-09-07/O-4, § 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. - Possession and consumption of malt beverages and unfortified wines at special events in municipal parking lots and on the top level of the Wallace Parking Plaza.

Notwithstanding the provisions of sections 3-2, 3-3, and 3-4, of this Code, the sale, purchase, and possession of malt beverages and unfortified wines, the possession of open containers of malt beverages and unfortified wines and their consumption shall be lawful on town parking lots 2, 3 and 5 and on the top level of the Wallace Parking Plaza when approved as part of a special event approved by the town council. The council shall by resolution establish rules and regulations for those events.

(Ord. No. 2005-05-09/O-4, § 2)

Sec. 3-6. - 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; Ord. No. 2005-05-09/O-4, § 1)