§ 6-2. Drinking in public places generally; penalty for violation of section.

(a)

It shall be unlawful for any person to consume any alcoholic beverage, as defined in G.S. 18B-101(4), on any property owned, occupied or controlled by the city, or upon any public vehicular areas. Such public vehicular areas shall be construed to 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 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 general public.

(b)

Any person violating any of the provisions of this section or failing or neglecting or refusing to comply with this section shall, upon conviction, be guilty of a misdemeanor and punished in accordance with section 1-6 of this Code.

(c)

Notwithstanding the foregoing, it shall not be unlawful for any person to consume any alcoholic beverage within the bounds of a sidewalk cafe; permitted pursuant to the provisions of section 46-86 of this Code and for which a valid ABC permit exists.

(d)

Notwithstanding the foregoing, it shall not be unlawful for any person to possess or consume any alcoholic beverage on public streets, alleys, or parking lots which are temporarily closed to regular traffic for special events, if the city council has adopted a resolution making provisions for the possession and consumption of malt beverages or unfortified wine or both at such special event, to the extent permitted by such resolution.

(Code 1971, § 4-1; Ord. No. 02-0839, § 2, 8-8-02; Ord. No. 13-0425, § 1, 4-4-13)

Cross reference

Streets, sidewalks and other public places, ch. 46.