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 Chapel Hill
 Code of Ordinances
 Chapter 3. ALCOHOLIC BEVERAGES

  § 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.  

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  • 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.

    This section shall not apply to the service of malt beverages and unfortified wines to, or the possession of malt beverages and unfortified wines by, persons seated and receiving food service at locations where the sale of food and beverages is permitted on town-owned property by an encroachment agreement, 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 and further provided that the business meets the indemnification and insurance requirements of subsection 17-88(g) of the Town Code.

    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; Ord. No. 2014-01-13/O-3, § 2)