§ 18B-300. Purchase, possession and consumption of malt beverages and unfortified wine. - North Carolina Statutes

Article 3.

Sale, Possession, andConsumption.

§ 18B‑300.  Purchase,possession and consumption of malt beverages and unfortified wine.

(a)        Generally. – Exceptas otherwise provided in this Chapter, the purchase, consumption, andpossession of malt beverages and unfortified wine by individuals 21 years oldand older for their own use is permitted without restriction.

(b)        Consumption at Off‑PremisesEstablishment. – It shall be unlawful to consume, or for a permittee to allowthe consumption of, malt beverages or unfortified wine on any premises havingonly an off‑premises permit for the kind of alcoholic beverage beingconsumed.

(c)        Local Ordinance. –A city or county may by ordinance:

(1)        Regulate or prohibitthe consumption of malt beverages and unfortified wine on the public streets inthat city or county by persons who are not occupants of motor vehicles and onproperty owned, occupied, or controlled by that city or county;

(2)        Regulate or prohibitthe possession of open containers of malt beverages and unfortified wine onpublic streets in that city or county by persons who are not occupants of motorvehicles and on property owned, occupied, or controlled by that city or county;and

(3)        Regulate or prohibitthe possession of malt beverages and unfortified wine on public streets,alleys, or parking lots which are temporarily closed to regular traffic forspecial events.

For the purposes of thissubsection, an open container means a container whose seal has been broken or acontainer other than the manufacturer's unopened original container. Asprovided by G.S. 18B‑102(a), possession or consumption of alcoholicbeverages is unlawful except as authorized by the ABC law. (1939, c. 158, s. 503; 1971,c. 872, s. 1; 1973, c. 1452, ss. 1‑3; 1977, c. 176, ss. 2, 3; c. 693;1979, c. 19, s. 2; c. 445, s. 4; c. 893, s. 11; 1981, c. 412, s. 2; 1983, c.435, s. 32; 1985, c. 141, s. 1; 1995, c. 144, s. 1; c. 366, s. 2; 2001‑79,s. 1.)