ORD 2018-02 Adopted (Amending Code-Public Consumption ) ORDINANCE NO. 2018-02
AN ORDINANCE AMENDING SECTION 4-1 OF THE CODE OF
ORDINANCES FOR THE CITY OF NORTH AUGUSTA ENTITLED
"CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC"
WHEREAS, Section 4-1 of the City Code relates to consumption, use, etc. of
alcoholic beverages in public areas of the City; and,
WHEREAS, such Ordinance was amended in October of 2017 to provide for
regulations that considered City sponsored festivals; and,
WHEREAS, at the time of the passage of said Ordinance, it was anticipated
that additional changes would be necessary in order to effectively regulate future activities
within the City; and,
WHEREAS, the Mayor and City Council have made a determination that it
is appropriate to update such Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of
the City of North Augusta, South Carolina, in meeting duly assembled and by the authority
thereof, that:
1. Section 4-1 of the Municipal Code for the City of North Augusta is
hereby deleted in its entirety and replaced with the following:
Section 4-1. Consumption of Alcoholic Beverages in Public
a) Except for the area and circumstances provided for in Sections B, C
and D herein, it shall be unlawful for any person, in a public place,
within the corporate limits of the City, to publicly engage in the
possession of an open container of or consume an alcoholic beverage,
intoxicating liquors, beer, ale, porter, wine, any other similar malt or
fermented beverage. This restriction does not apply to any public
place licensed for the sale and consumption of alcoholic beverages by
the State of South Carolina.
b) Within the area of the City known as Riverside Village, a specifically
described area shall allow for public possession and consumption
under restrictions and regulations as set forth herein below. The
specific area is described as follows: on the north by Brick Pond
Park; on the east by Georgia Avenue; on the south by the Savannah
River and on the west by Esplanade. The specific area is more
specifically identified and reference for said area is made to the
exhibit attached hereto to, identified as "Alcohol Public Consumption
Area."
1. Between the hours of 10:00 AM and 12:00 MIDNIGHT, any
business establishment that is licensed to sell alcoholic beverages,
that is within, or borders on, the described area, may sell
alcoholic beverages in a paper or plastic cups for removal from
the premises to the designated area. No cans, bottles or glass
containers of any nature may be utilized. No person shall remove
more than two (2) beverages from the premises at any one time.
2. No beverages, as allowed for removal from business
establishments as identified in Number 1 above, are allowed
outside of the designated area. In addition, no alcoholic
beverages, for consumption within the designated area, may be
brought in from outside of said area.
3. Any alcoholic beverage dispensed pursuant to this section must
be contained within a paper or plastic cup, not to exceed 16 fluid
ounces in size. Such cups shall be identifiable and as specifically
approved by the City for such usage. Such cups are to be
provided by the business selling such beverages.
4. Should the City Administrator, in consultation with the Public
Safety Director, determine that the enforceability of this
Ordinance would be enhanced by further requirements and
regulations related to the possession and consumption of
alcoholic beverages within the designated area, such requirements
may be placed in effect by written notification of same to all
businesses within the designated area.
5. The Public Safety Director, the City Administrator, or their
designees shall have the right to temporarily suspend the service
of beverages within the consumption area, in the event that they
determine that such suspension is necessary for the safety and
wellbeing of the persons within the area.
c) The City Administrator may, at his/her discretion, grant a permit for
the consumption of alcoholic beverages in public places, during
special events and celebrations sponsored in whole, or in part, by the
City. Such permit would be in written form and specify the times and
areas, when and where alcoholic beverages may be possessed and
consumed. In addition, the Administrator is authorized to provide
such other restrictions, regulations or requirements deemed
appropriate to protect the interest of the public when granting a
permit.
d) Businesses that obtain from the City encroachment permits for
outdoor cafés pursuant to Section 4.32 through 4.32.4 of the North
Augusta Development code, are allowed to provide for the service
and consumption of alcoholic beverages on City streets and public
property in such areas as the permit authorizes the encroachment.
The service and consumption of food, non-alcoholic beverages and
alcoholic beverages in sidewalk encroachments is limited to patrons
seated at tables. The permit may specify the permitted hours for
service or consumption of alcoholic beverages but may not authorize
such service between the hours of 12:00 midnight and 10:00 am.
e) The provisions of this Section shall not be construed as an exception
or waiver of any Ordinance or South Carolina Law regarding Public
Intoxication or Operating an Automobile While Impaired, and should
not be construed as affecting Dram Shop Liability or other liability
that any such establishment may be subjected to under law.
f) For purposes of construing and interpreting this Ordinance, the
following definitions shall apply.
a. Alcoholic Beverage. Any spirituous malt, vinous, fermented,
brewed (whether lager or rice beer), or other liquors or a
compound or mixture of them, including, but not limited to, a
powdered or crystalline alcohol, by whatever name called or
known, which contains alcohol and is used as a beverage for
human consumption.
b. Person. Any individual, firm, partnership, joint venture,
syndicate or other group or combination acting as a unit,
association, corporation or other legal entity and shall include
the plural, as well as singular.
c. Public Area. Any public street, sidewalk, alley, publicly
owned parking lot, or other public area within the City.
All other Ordinances or parts of Ordinances in conflict herewith are, to the
extent of such conflict, are hereby repealed.
Tin.
This Ordinance shall become effective immediately upon its adoption on the
third and final reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
CIF THE CITY OF NORT AUGU TA, SOUTH CAROLINA, ON THIS_,/,77 DAY OF
First Reading: 3,/ .ji✓7/67
Second Reading,4 4'/ ROBERT A. PETTIT,MAYOR
Third Reading: / ,t-- ATTEST:
R•
DONNA B.YOUNG, CIT LERK
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