HITE  1833  MINUTES  Regular Meeting of the City Council 6:30 p.m. Tuesday, September. 27, 2022 317 S. Madison Street, Whiteville, NC, 28472  The Regular Meeting of the City Council of the City of Whiteville was called to order on Tuesday, September 27, 2022, at 6:30 p.m., at 317 S. Madison Street, Whiteville, NC,  28472. 1) ROLL CALL PRESENT: ABSENT:  Terry Mann, Jimmy Clarida, Tim Collier, Helen BI Holden, Kevin Williamson, and Emory' Worley  Vickie Pait  OTHERS IN ATTENDANCE: Darren Currie, City Manager; Carlton Williamson, City Attorney; Bonnie Williams, City Clerk; Colburn Brown, Finance Director; Robert Lewis, Planning Director; Madison Ward, Economic Development Planner; Hal Lowder, Emergency Services Director; Billy Hinz, Police Major; Roger Lee, Building Inspector; Joseph Williams (The News  Reporter); Members of the Public 2) CALLTO ORDER By! Mayor Mann ate 6:30 pm. 3) INVOCATION Provided by Mayor Pro Tem Clarida. 4) PLEDGE OF ALLEGIANCE Led by Mayor Mann. 5) ADOPTION OF AGENDA Tim Collier MOVED to approve the agenda as presented. Helen BI Holden SECONDED the motion. VOTE: 6-0 (Unanimous) Kevin Williamson, Emory Worley) Nays: 0 Absent: 1 (Vickie Pait)  Yeas: 6 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden,  6) APPROVAL OFI MINUTES  6.1) Consideration for Approval of Minutes held on September 13, 2022. Jimmy Clarida SECONDED the motion. VOTE: 6-0 (Unanimous) Holden, Kevin Williamson, Emory Worley) Nays: 0 Absent: 1 (Vickie Pait)  Emory Worley MOVED to approve the minutes for the regular meeting  Yeas: 6 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B  7) PUBLIC COMMENT None. 8) PUBLIC HEARING  8.1) Pubic-eaning-Oninane. No. 2022-2-25-Social District Ordinance    Mayor Mann Opened the Public Hearing at 6:32 pm.  Mayor Mann deferred to Mr. Lewis. Mr. Lewis explained the application stating that staff has submitted a text amendment for amendments to Chapter 85, Sidewalks and Streets, $85.33 Social District. Mr. Lewis explained that a General Statute was voted and passed earlier this year by the NC General Assembly, with municipalities being authorized to create social districts. He reported that alcohol purchased from participating restaurants would be allowed on the streets within the proposed downtown area. He reminded Council that he and staff had been directed by City Council to draft an ordinance for a Social District sO that they could consider adoption for a Social District Ordinance before Cycle NC arrives in the City in October. Mr. Lewis reported that there are currently three restaurantslpusinesses that would be participating in this proposed Social District (Farmacy on Main, The Chef and the Frog, and Anthony's). He explained that logos have been designed by Mr. Postman (business) and Ms. Madison Ward. He explained that these logo decals would be placed on participating business doors, as well as the 16-ounce cups that the alcohol would be provided in from these businesses. He reported that specific enforcement would be determined as the ordinance specifies. Mr. Lewis stated there had been consultation with first responders. He advised that time frames would be determined byt the ordinance. He stated thati it was not expected to be issues/problems within the proposed designated area. Mr. Lewis stated that he and Ms. Ward have consulted with State ABC officials. He advised that there are plans to display signage and it was noted again that stickers with the logo would be placed on cups. He reported that maps would be available at Ms. Ward's office at' Vineland Depot. He stated that there has also been discussion with the WDDC pertaining to the proposed Social District. He reported that businesses would have a right to exclude individuals from bringing these cups inside their business. He advised that the decal would be placed on one side of the cup and the business/restaurant name would be placed on the other side. Mr. Lewis advised that the Planning Board has heard the matter and voted to approve recommendation to City Council on the Council Member Williamson asked Mr. Lewis to clarify the purpose for a Social District. Mr. Lewis advised that social districts promoted and encouraged new growth in downtown communities by allowing for alcoholic beverages to be taken out of participating business onto the sidewalks and into other businesses. Council Member Worley commented that he did not think anything downtown in the specified area would change if a Social District was put into place, sO why consider a Social District in the downtown municipal district. Council Member Holden stated that there are several empty buildings downtown and believes that having a Social District will encourage new businesses downtown. Council Member Collier asked for a confirmation as to whether a business downtown would be required to participate, Mr. Lewis stated that downtown businesses had the option to not participate. Mayor Mann stated that those downtown businesses wanting to participate would have to identify themselves as participants. Mayor Pro Tem Clarida stated that a special cup and decal would have to be used by participating downtown businesses. Council Member Holden commented on the hours of the proposed Social District as compared to the hours of other downtown businesses. Council Member Williamson stated that the special cups must have the name of the place of business and time the cup was received on it. Mr. Lewis stated that hel had not heard of any negative news pertaining to Social Districts and that the Maint Street Program endorses Social Districts for its participating Main Street communities. Mayor Mann commented on public drunkeness versus drinking in a Social District. Major Hinz stated that there are currently laws that apply to disorderly conduct, which also addresses public drunkeness. Council Member Holden advised that downtown businesses that do participate in 'Sip n Stroll" in the proposed downtown Social District, will be required to have a sticker posted ift they allow drinks to be brought into their business. Mayor Mann stating that he thought having a downtown Social District would help bring new businesses downtown. Council Member Williamson reported that he has some people tell him that they are interested in starting businesses  matter.    inside the proposed downtown Social District.  Mayor Mann asked if there were members of the public present that wanted to speak ont the matter. The following people offered the follwing Guillaume Slama: He stated that he supports the proposed downtown Social District and that he feels time is of essence because the law requires him to train bartenders and other staff sO that his business, 'The Chef and the Frog' will be compliant with state laws and the local ordinance. He stated that it would be nice for his customers to be able tot take an alcholic drink outside onto the sidewalk while they wait for a table. He stated that his Sunday brunch business increased when the City adopted the Brunch Law. He stated that he feels that the proposed downtown Social District will encourage new business and he did not Clark Dowless: He stated that he owns Clark's Auto Glass and been a member of the business community since 1989. Hes stated that he wants to see new businesses downtown but thinks the proposed Social Distrrict area is to large to start out with. He stated that he has concerns pertaining to the size of the proposed downtown Social District. He stated that he had no problem with the customers of The Chef and the Frog and Anthony's, and special events having a few drinks but is setback in being able to roam every street in town with drinks in their hands. He stated that he would not allow drinking in his business. He stated that he no longer drinks and wonders if the current downtown infrastructure is able to accommodate the proposed downtown Social District, such as sidewalks needing repairs, having enough police to patrol, and having enough firemen. He stated that he does not think the proposed hours are suitable. He stated that he thinks more thought needs to put into thei idea ofa Social District downtown. Lori, Collins: She stated that she is speaking on behalf of her and her husband, Todd Collins and that they own Colliers Jewelers and the Gift Shop Boutique. She stated that their view is probably a little different from others as it is their Christian belief. She stated that they are non- drinkers and they do not think that drunkeness is biblically right personally. She stated that their views do play into their business. She stated that beyond their belief system they! have some concerns with the proposed downtown Social District, such as whether the containers are closed. She stated that she did not see how retail business and alcohol mix well together. She stated that if allowed, she thinks that problems will follow. She stated that their business would not participate in' 'Sip n Stroll" and that she had learned a few things in the meeting that she had not known previously. She stated that they pride themselves on their customer service and do not like saying 'no' a lot. She stated that she concurred with Clark pertaining to the size of the proposed district. She stated that this would brand the City and that does not feel good to them. She stated that she feels there is so much good going on in the City right now and as business owner feels that the City does not need to be branded. She stated that the proposed downtown Social District may bring more restaurants but feels it is not going to bring more retail downtown, though she may be wrong, she stated that she had not conducted any research. She stated that she thinks more retail is needed downtown. She thanked Council for listening to an opposing view and that they consider a different thought process. Curt Clark: He asked who came up with proposed downtown Social District and the proposed area for it. Mayor Mann explained the municipal downtown zone is an area in which business owners pay an additional tax; and that there are other buidings in the areas of the side streets in this area that may. have the potential to become restuarants that would serve alcohol. He explained that this being the train of thought, those areas were encompassed into the proposed downtown Social District. Mr. Clark asked how does the police feel about patrolling beginning at 7 am to 10 pm. Mr. Clark stated that he understands from Mr. Lewis that these hours are suggestions and can be adjusted. Mayor Mann concurred with him regarding the adjustment of the hours. Mayor Mann stated that the Chief of Police (Ipock) was consulted on this plan, and. that he does not see it being a problem at this point. Mayor Mann stated that as of right nowt there are only three places that sell alcohol in this district and none of them open at 7 am and the earliest that any of them open is The Chef and the Frog, opening at 11 am on  comments.  expect trouble.    TuesdayWednesday, Thursday, and Friday. He advised that under the proposed ordinance, the earliest that someone could be out on the street with that cup in their hand is 11 am. If someone is out before 11 am with that cup in their hand, they are breaking the law. Mayor Mann explained that the reason for proposing the hours as in the proposed ordinance is because those hours are established by General Statute as being the hours in which alcohol can be sold. Mayor Mann stated that his position at the end of the conversation is to trim back the hours in Carlton Prince: He stated that he came to Whiteville in 1962 as an educator. He stated that as an educator he believed that all needs to be honest andi frank. He stated that he was shocked to learn that he did not know a lot about a Social District area. He stated that Guillaume's statement says a lot to what he says but with a lot more added. Mr. Prince stated that Mr. Slama has stated that he has an area where he sells alcoholic beverages and he has done great. Mr. Prince stated that he has done a little research and that other places call this' 'Sip n Stroll. He described what some other cities have done regarding fees for 'Sip n Stroll. Mr. Prince stated that he remembered when Whiteville had theatrical, muscial, and youth activities events as well as other types of events. He stated that he is really concerned about what activities the City has to offer to its children. He stated that he thinks the proposed downtown Social District is not going to help the retail merchants. He stated that he is concerned about what it will do to the City's police, debris in the area, and there are a lot of unanswered questions in his mind because he feels the City has many other needs such as the salaries of city employees, because he feels that it is going to cost something in what is being proposed. He stated that he wants the City to_do things for its children, youth and families, things that will clean Whiteville up (unsightly areas and dilapidated buildings). Mr. Prince stated that he appreciated that Council began the meeting with a prayer. He stated that he was not questioning any of Council's christianity or faith but feels the City should go slow with the proposed downtown Social District. He asked that Council not try to make this decision ini two weeks just to accomodate NC Cycle coming into town. He asked that Council think about it more thoroughly and look at it more carefully for the type of town we have, a small rural town. He stated that he feels the City needs to be more concerned about the drug problems we have as Jonathan Medford: He stated that he owns a business downtown. He stated that is originally from the Hickory area and that he and his family go back to visit often. He described the downtown area in Hickory, including their Social District. He stated that Albemarle did research and has shown the retail businesses do increase and thrive in Social Districts. He stated that Hickory has open seat dining that is shared amongst many resturaunts, outdoor pavilions with umbrellas, and a farmers market in addition to many. retail shops and art galleries. He stated that he thinks a Social District will be good for Whiteville. He stated that towns/cities throughout North Carolina are establishing Joan McPherson (Chamber of Commerce): She advised that she has been doing research on Social Districts also and finding that Social Districts are relatively new, there is not a lot of statistical data. She discussed the bill that the NC General Assembly passed stating that it was to bring businesses back to downtown. She provided the vote history associated with the billi in General Assembly. She stated that one of the largest backers of that bill was the NC Retail Merchants Association, they want to increase foot traffic in our downtown areas. She stated that she recently spoke to someone who told her that they had bought a building downtown and was hopeful the Council would pass the Social District ordinance. She stated that she had a recent conversation with a current downtown business owner who is considering changing her business hours should the Social District ordinance be adopted. She described a couple of events that have occurred in downtown in the last couple of years and is excited about NC Cycle visiting on October 7th. She stated that tourism is al big part of the Chamber of Commerce. She advised that tourism is focusing on downtown destinations and working with the Chamber and the WDDC, they are creating itineraies for downtown Whiteville and throughout Columbus County. She stated that the Chamber is supportive of a  the proposed ordinance.  well as otheri issues.  Social Districts such as Newton and Norwood.    Social District and tourism see a value in it. She described Oxford's success with their Social District. She stated that design of Social Districts is to encourage economic development. She stated that not every business has the same belief system or outlook but ifa social district brings customers downtown, it will be up to the individual businesses as how or whether they identify their door. She advised that not every. businesses has to participate. She stated that though this is the decision of the Council as to whether or not to establish the proposed Social District, it is widely supported by the Chambers of  Commerce and the tourism industry. Mayor Mann Closed the Public Hearing at 7:21 pm.  9) BUSINESS  9.1) Discussion & Decision-Ordinance. No. 2022-7-25-Social District Mayor Mann asked Mr. Lewis if he had any additional comments regarding the proposed downtown Social District. He commented that he had none unless Council had any questions for him. Mayor Pro Tem Clarida confirmed with Mr. Lewis that they could amend the proposed hours in the proposed ordinance. Mr. Lewis advised that they could and that proposed changes could be brought back before Council in the future by way of a text amendment. Mr. Lewis thanked Ms. McPherson for bringing up the information pertaining to the NC Retail Merchant's Association. He advised that information was included in the NCLM article that was included in the agenda packet. Mayor Mann stated that he wanted to propose a change to the hours in the proposed ordinance to reflect 11 am to midnight, Monday Saturday and 10 am to 8 pmon Sunday. Mayor Mann stated that if Council did not have any additional comments or questions, he would move forward with the Statement of Plan Consistency and Reasonableness. Mr. Lewis read the Statement of Plan Consistency and Reasonableness into the record: Per the City of Whiteville's Land Use Plan, Chapter 4, Economic Development, goals, policies and strategies discusses continue to market the downtown area as an activity center. Solidify the branding effort for "Vineland Village" and ensure that the CBD is marketed and branded. Also, to support the efforts of the Whiteville Downtown Development Commission (WDDC) to provide physical and social enhancements and improvements to the downtown area. Implementation of a Social District ordinance will create and enhance downtown enjoyment and livability for the City of Whiteville's citizens and is in the public's interest at this time. Mr. Lewis added that this Statement went to the Planning Board and the WDDC and received unanimous votes from both for approval. Jimmy Clarida MOVED to approve the adoption of the Statement of Plan Consistency and Reasonableness pertaining to Ordinance No.  Ordinance  2022-Z-25. Helen B Holden SECONDED the motion. VOTE: 6-0 (Unanimous) Holden, Kevin Williamson, Emory Worley) Nays: 0 Absent: 1 (Vickie Pait)  Yeas: 6 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B  Kevin Williamson MOVED to approve the adoption of Ordinance No. 2022-Z-25, An Ordinance Adding and Amending Chapter 85 Sidewalks and Streets, $85.33 Social District, as amended by Mayor Mann, changing the hours to 11 am through midnight, Monday through  Saturday, and 10 am to 8 pm on Sunday. Helen B Holden SECONDED the motion. Holden, Kevin' Williamson) Nays: 1 (Emory Worley) Absent: 1 (Vickie Pait)  VOTE: 5-1  Yeas: 5 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Mayor Mann asked if there was any discussion related to the motion on Ordinance No. 2022-Z-25. Council Member Worley stated that he wanted to thank the downtown division for what they have done regarding the improvements to Whiteville. He questioned as to if the City was going to let the motorcycles come into town and would the City    let them drink driving down the road. Mr. Lewis corrected him by saying itis bicycles, not motorcyles. Council Member Worley asked if they could be charged with a DWI on a bicycle. Ms. McPherson stated that the cyclists would not be riding their bicycles but would be walking or shuttling. Mayor Mann explained that some of the cyclist would be camping out at the high school, staying in hotels in Whiteville and Lumberton and that the ones staying here would have shuttles to take them around to different restaurants. Council Member Worley stated that he has always had pride in' Whiteville, iti is a small and friendly town with people with a christian faith. He stated that he did not think God would proud oft them tonight. He questioned as whether the Council was setting a good example for young people that they could come to town and drink. He questioned as where these people would park when they come into town. He asked how were these people to get home after they have been drinking, would they drive their cars homes. He commented on the stress that a Social District would add to the City's police department and whether the City can afford it. He asked what would happen if marijuana is approved for legal sale, will the City let it be sold in the City. He asked who cleans up the City. He asked when will the City do something for uptown as it has done for downtown, he stated that uptown has been completely left out. He stated that he was sorry but his belief in God tells him to not approve it. Prior to moving forward to Busines Item No. 9.2, Mayor Mann commented that there were two references made earlier to Christianity and there are good people who live in this town who are not Christians. He reminded everyone that not everyone is of the Christian faith, some people are of other beliefs and religions. Council Member Worley stated that he is proud of his Christian beliefs. Mayor Mann stated the Social 9.2) Consideration for the Whiteville Police Department's Non-Sworn Career Major Hinz approach Council and explained that the Whiteville Police Department encourages continued employee development through the Career Development Program (CDP). He described the Career Development Program by stating it promotes growth and enhanced job performance to prepare the employee for increased competence and responsibility. He reported that management and supervisory personnel will assist individual employees with identifying career goals and paths to achieve career progression. He stated that the non-sworn CDP is designed to meet the goals of the department and to support and encourage personal growth and development of the individual Tim Collier MOVED to approve the proposed non-sworn career  Districti issue is not a religious issue. Development Plan  employee. Brief discussion ensued. development plan as presented. Emory Worley SECONDED the motion. VOTE: 6-0 (Unanimous) Holden, Kevin Williamson, Emory Worley) Nays: 0 Absent: 1 (Vickie Pait)  Yeas: 6 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B  9.3) Consideration for an In-Car Camera Donations  Major Hinz explained that the WPD had new in-car cameras installed in the patrol vehicles. Hes stated that staff is requesting to donate seven (7) Provision in-car cameras, that were removed from the patrol vehicles, to other agencies, such as Fair Bluff and Southeastern Community Kevin Williamson MOVED to approve the request to donate the Provision in-car cameras to the Town of Fair Bluff and Southeastern  College. Brief discussion ensued. Community College as proposed. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Holden, Kevin' Williamson, Emory Worley) Nays: 0 Absent: 1( (Vickie Pait)  Yeas: 6 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B  9.4) Consideration for the Disposition of Unclaimed Firearms    Major Hinz explained to Council that the Whiteville Police Department has a surplus of unclaimed firearms in Property and Evidence. He explained that per NCGS 15-11.2 (d), If the firearm remains unclaimed for a period of 30 days after the publication of the notice, then the head or chief of the law enforcement agency shall order the disposition of the firearm...: (2) By sale, trade, or exchange by the agency to a federally licensed firearm dealer in accordance with all applicable state and federal firearm laws.... He reported that the Notice of unclaimed firearms was published in The News Reporter on June 10, 2022. Brief discussion Helen BI Holden MOVED to approve the trade of unclaimed firearms by the agency to a federally licensed firearm dealer in accordance with all  ensued.  applicable state and federal firearm laws. Jimmy Clarida SECONDED the motion. VOTE: 6-0 (Unanimous) Holden, Kevin' Williamson, Emory' Worley) Nays: 0 Absent: 1 (Vickie Pait)  Yeas: 6 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B  10) COUNCIL COMMENTS  Council Member Collier inquired about potholes in the street and when they might be repaired. Mr. Currie stated that the City is trying to get equipment/materials now. He also advised that the City is working on road preparations with Duke Energy in working towards repairing the road to the park. He advised that bids have been received and if Duke Energy approves the contract, road work could begin in October. Council Member Worley inquired about the street sweeper, Mr. Currie stated that the City is in the process of hiring a street sweeper operator. Council Member Williamson expressed his appreciation for the Rec Center Road being filled in. He also inquired about whether the City can currently use the street sweeper. Mr. Currie reported that there is a staff person who can run it but it means taking that person off his assigned job. Council Member Holden expressed her thanks to the City's Animal Control Officer for a job well done recently. Mayor Mann stated that he thought the pots/flowers downtown look great.  11) REPORTS  11.1) Manager's Update  Mr. Currie reported on thet following areas: 1) NCSU Coastal Design Lab He stated that things are really moving well for this project. He reported that there is a new scenario has developed that is currently being evaluated and it would use some additional land of the Whiteville Housing Authority's, which is located beside Mollies Branch. 2) Website Design- He reported that the new website is scheduled to "gol live" the first of October and staff is working to finalize some of the basic content. and 3) Mollies Branch Phase II - He reported that the contractor is scheduled to begin work the first of October and that they have moved some equipmentisupplies in near Franklin Street. He reminded Council that this project will reach from Main Street over tot the east side of town to Lift Station #1; and most likely, they will start at the Mr. Lowder provided an update regarding Hurricane lan. 11.3) Monthly Departmental Reports for August 2022.  lift station and work towards Main Street.  11.2) Update on Hurricane lan  Monthly departmental reports were received from the following departments: City Clerk, Economic Development and Planning, Finance, Human Resources, Parks and Recreation, Police, and Emory Worley MOVED to approve the adjournment of the regular meeting on  Wastewater Treatment Plant. September 27, 2022 at 7:58 pm. Helen B Holden SECONDED the motion. VOTE: 6-0 (Unanimous) Kevin' Williamson, Emory Worley) Nays: 0 Absent: 1 (Vickie Pait)  12) ADJOURNMENT  Yeas: 6 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden,    y lh Terry L. Mann, MAYOR Bonnie T. Wiliams, CITY CLERK SBNLh    Ordinance No. 2022-Z-25 P&Z#22-09-01  Statement of Plan Consistency and Reasonableness an motion being mader regarding the text amendment request.]  (Thiss statement ist tol ber readi into the record ando a motioni made toc adopt or reject this statement prior to Pert the City of Whiteville's Land Use Plan, Chapter 4, Economic Development, goals, policies and strategies discusses continue to market the downtown area as an activity center. Solidify the branding effort for "Vineland Village" and ensure that the CBD is marketed and branded. Also, tos support the efforts of the Whiteville Downtown Development Commission (WDDC) top provide physical ands sociale enhancements andi improvements tot the downtown are. Implementation: of as Social District ordinance willo create and enhance downtown enjoyment and livabilityf for the City of Whiteville's citizens andi isi in the public's interest at this time.  For 6 Against:_ 0  Spor Terry Mann, Mayor  ATTEST:  Bonnie Williams, City Clerk bMr  Dm9-27-2022    ORDIRANCENO.0IZ3S  CITY OF WHITEVILLE, NORTH CAROLINA  AN ORDINANCE ADDING. AND AMENDING CHAPTER 85 SIDEWALKS. AND WHEREAS, the City of Whiteville is authorized to establish ordinances and regulations relating WHEREAS, the Staffo of the City ofWhiteville feel that the following additions willl betters serve the community and welfare oft the downtown and central business district; and WHEREAS, the City of Whiteville Planning Board having published notice on September 1s, 2022 and! September gth.20221 held aj public hearing on September 12", 2022, finds the amendments tol be consistent with the City of Whiteville's Land Usel Plan andi recommends WHEREAS, the City of Whiteville Downtown Development Commission recommended approval oft the Sociall District Ordinance at their regular meeting on September 14h,2 2022; and WHEREAS, the City of Whiteville City Council, having published notice on September 15", 2022 and September 2201, 2022, helda a public hearing on September 27", 2022; NOW THEREFORE, BEI IT ORDAINED BY THE CITY COUNCIL OFT THE CITY OF SECTIONI. The Code of Ordinances, TITLE: XIII, by the amendment of Chapter 85, Section(s), $85.33, Streets and Sidewalks. All inserted text that is underlined. SECTION II. CONSISTENCY. The provisions of this Ordinance are found tol be consistent with the CityofWhiteville'sl Land Usel Plan and any other strategies and policies. SECTION III. CODIFICATION. Thep provisions oft this Ordinance shalll bej published as appropriate int the' Whiteville Code of Ordinances as soon as practicable. SECTION IV. SEVERABILITY CLAUSE. Ifany section, part of provision ofthis Ordinance is declared unconstitutional ori invalid bya a court of competent jurisdiction, theni itise expressly provided and iti is thei intention ofthe City Council: inj passing this Ordinance thati its partss shall  STREETS, $85.33 SOCIALI DISTRICT ORDINANCE  to the general welfare oft the community; and  amending the Code of Ordinances; and  WHITEVILLE, NORTH CAROLINA, THAT:  Created: 2022-08-291 11:46:42 [EST)  (Supp. No. 121)  Pagelof6 Ordinance No.2 2022-Z-25    be severable and all other parts ofthis Ordinance shall not be affected thereby and they shall SECTION V. PUBLICATION, ANDI EFFECTIVE DATE. This Ordinance shallt take effect READ, CONSIDERED, PASSED. AND APPROVED ata a regular meeting of the City Council of Whiteville, North Carolina, at whicha a quorum was present and which wasl held on the: 27th day  remain in full force and effect.  immediately uponi its passage andj publication according tol law.  ofSeptember, 2022. Votes: For 5 Votes: Against L  CITY OF WHITEVILLE  TeryL. Mann, Mayor z  ATTEST:  Bonnie Williams,  mb ME  APPROVED AS TOF FORM: Carlton F. Williamson Williumson, Walton & Scoll LLP Attomcya atl Law 136 Washinglon Strcct Whitevillc, NC2 28472 910-642-7151  Created: 2022-08-29 11:46:42 (EST)  (Supp. No. 121)  Page2of6 Ordinance No.2 2022-Z-25    CHAPTER: 85: STREETS & SIDEWALKS $85.33 SOCIALI DISTRICT.  (a) Pursuant to the provisions ofG.S.6 81 160A-205.4. et seq, one or more social districts may be created within the citya and the cityl hereby creates and designates the followings social district: Downtown Whiteville Social District whichi is designated as shown ona amap dated September 121h 2022: the mapi is availablei in the office oft the city clerk, ands signage and/or markings shall be posted clearly delineating thel boundaries oft the social district. (b) Thel Downtown Whiteville Social District shall be created, designated, andi managedi in accordance with the requirements contained in G.S. 8 160A-205.4: and Chapter 18B. (c) Anyperson who violates this article. and any person who aids, abets. encourages, assists in, or contributes to such violation, shall be guilty ofan misdemeanor. Social district means and refers toad defined outdoor area in which a citizen may consume alcoholic beverages sold byar permittee. This term does noti include the permittee's licensed Permittee means andr refers to a person] holding anyofthe following ABC permits issued by the North Carolina Alcoholic Beverage Control Commission established under G.S. $1 18B-200: (1) An on-premises malt beverage permit issued pursuant to G.S.1 18B-1001(1). (2) An on-premises unfortified wine permit issued pursuant to G.S. 18B-1001(3). (3) Anc on-premises fortified wine permit issued pursuant to G.S. 18B-1001(5). (4) Ar mixed beverages permit issued pursuant to G.S.1 18B-1001(10). (5) A distillerypermit issued pursuant to G.S.1 18B-1100(5). Person means and refers to ani individual, firm. partnership, association, corporation, Limited Liability Company, other organization or group, or other combination ofi individuals Premises means and referst to af fixed permanent establishment. including all areas insideor outsidet the permitted establishment, where the permittee has control through al lease, deed.or (1) The provisions andt terms contained int this article shall be applicable between the hours of 11:00 a.m. until midnight. Monday through Saturday and 10a a.m.until 8 p.m.c on Sunday. At all other times. the provisions and terms contained in this article are noti in effect anda all provisions ofs state andl local laws concerning the possession and consumption ofa alcohol  (A)Definitions.  premises or an extended area allowed under G.S. $18B-904(h).  acting as a unit. other legal process. (B)Application.  shall bei inf full force and effect.  Created: 2022-08-291 11:46:42 [EST)  (Supp. No.: 121)  Page: 3of6 Ordinance No. 2022-2-25    (2) Anyalcoholicl beverage purchased for consumptioni int theI Downtown Whiteville Social District shall () only be consumed int thel Downtown Whiteville Social District and (ii)be disposed oft before ther person in possession of the alcoholic beverage exitst the Downtown Whiteville Social District unless the personi is reentering thel licensed premises wheret the alcoholic beverage was purchased.A A violation oft this sectioni isa class 3r misdemeanor. Apermittee located in or contiguous to thel Downtown Whiteville Social District mays sell alcoholic beverages for consumption within the Downtown Whiteville Social District itis located in or contiguous toi in accordance with thei following requirements: (I) The permittee shall onlys sell ands serve alcoholic beverages on its licensed premises. (2) Thej permittee shall onlys sell alcoholic beverages for consumption in thel Downtown Whiteville Social) District ina a container that meets all oft the following requirements: a. The container clearly identifies the permittee from which the alcoholic beverage b. The container clearly displays al logo or some other mark thati is unique tot the d. The container displays, in no less than 12-point font, the statement. "Drink The container shall not hold more than sixteen (16) fluid ounces. (3) The permittee shall not allow ap person to enter or reenter its licensed premises with an (D)Requirements for possession and consumption of alcoholic beverages. The possession and consumption of an alcoholic beverage in the Downtown Whiteville (I) Only alcoholic beverages purchased from aj permittee located in or contiguous to the Downtown Whiteville Social District may bey possessed and consumed. (2) Alcoholic! beverages shall onlyb be in containers meeting the requirements set forthi in (3) Alcoholic beverages shall only be possessed and consumed during the days and] hours (4) Nothing in thiss subdivision shall be construed as authorizing the sale and deliveryof alcoholic beverage drinks in excess oft the limitation set forth in G.S.618B-1010. (5) Aperson shall dispose of anya alcoholic beverage in the person's possession priort to exiting thel Downtown' Whiteville Social District unless the personi is reentering the licensed premises where the alcoholic beverage was purchased.  (C)Requirements for sale of alcoholic beverages.  was purchased.  Downtown Whiteville Social District. C. The container isi not comprised of glass. Responsibly-- -Be21."  alcoholic beverage not sold by thep permittee.  Social District is subject to all of the following requirements:  section (C)(2)(e) oft this article. set forthi ins section (B)(1)oft this article.  Created: 2022-08-29 11:46:42 (EST)  (Supp. No. 121)  Page4of6    (6) Av violation oft this section isac class 31 misdemeanor.  (E)E Exceptions.  When aspecial eventi isl held pursuant toa city, county, state. or private sponsored event the terms of thes special event will supersede ther provisions oft this article within thel boundaries of thes special event. Any alcohol purchased within the boundaries oft thes special event may not! be taken outside oft the special event. even ifthe alcohol istol be takenf from the boundary ofthe special eventi into the boundary of thes social district. A violation oft this section isa class3  misdemeanor.  Created: 2022-08-29 11:46:42 (EST)  (Supp. No. 121)  Page5of6    (F) Severability.  Ifanys section, phrase, sentence or portion oft this articlei is held void, invalid, unconstitutional or unenforccable for any reason by any court of competent jurisdiction. such portion shall be deemed as separate, distinct, andi independent provision; and such holding shall  not affect the validity oft the remaining portions thereof.