[HISTORY: Adopted by the City Council of the City of Walhalla
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-22-1976 by Ord. No. 1976-5; amended in its entirety 5-17-2022 by Ord. No. 2022-2]
It shall be unlawful for any person to drink or to have in their
possession in an open container beer, ale, porter or other similar
malt or fermented beverages on any public street, sidewalk, alleyway,
park, playground or other public place within the corporate limits
of the City of Walhalla.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Public places as defined by this article shall include, but are not limited to, any business, store, office or structure to which the public is invited to conduct business or to visit, including parking lots adjacent thereto, unless same has been lawfully licensed to sell such beverages or unless the same has received from the South Carolina Department of Revenue a license to allow on-premises consumption of alcoholic beverages, beer or wine. Exceptions to this are current sidewalk encroachment permits as defined by Chapter 275, Streets and Sidewalks, Article V, and/or permitted events as defined by Chapter 270, Special Events, of the City Code.
A.
Except as otherwise provided in Subsections B below, 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.
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 City Administrator is authorized to provide such
other restrictions, regulations or requirements deemed appropriate
to protect the interest of the public when granting a permit. Any
establishment that has a permit authorizing the sale and consumption
of alcoholic beverages for on-premise consumption and wants to provide
such service in sidewalk areas having a validly issued encroachment
permit must furnish to the City a policy of insurance in the amount
of two million dollars combined single limit for bodily injury and
property damage liability insuring the business establishment against
any hazard which might occur by reason of the sale of alcoholic beverages
in a permitted encroachment area and must execute an agreement to
hold the City harmless from any litigation of any manner or form.
Businesses that obtain from the City encroachment permits 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, nonalcoholic
beverages and alcoholic beverages in sidewalk encroachments is limited
to patrons seated at tables or otherwise in the permitted encroachment
area. The permit may specify the permitted hours for service or consumption
of alcoholic beverages but may not authorize such service between
the hours of 12:00:01 a.m. and 09:59:59 a.m.
C.
The provisions
of this section shall not be construed as an exception or waiver of
any other City ordinance or South Carolina law regarding any alcohol
beverage(s) and should not be construed as affecting dram shop liability
or other liability that any such establishment may be subjected to
under law.
D.
ALCOHOLIC BEVERAGE
PERSON
PUBLIC AREA
For purposes
of construing and interpreting this section, the following definitions
shall apply:
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.
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.
Any public street, sidewalk, alley, publicly owned parking
lot or other public area within the City.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
It shall be a violation of this article for any person or persons
to drink or consume any beer, wine, malt liquor or other such alcoholic
beverages or to have in their possession an opened container of same,
while a passenger in any motor vehicle of any kind situate upon or
using the public streets or any public place of the City of Walhalla,
unless such public place is lawfully licensed to sell such beverages
or unless the same has received from the South Carolina Department
of Revenue a license to allow on-premises consumption of alcoholic
beverages, beer or wine.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person violating this article shall be deemed guilty of
a misdemeanor and, upon conviction, shall be fined not more than $500
or imprisoned for not more than 30 days.
[Adopted 3-22-1976 by Ord. No. 1976-6; amended in its entirety 3-18-2008 by Ord. No. 2008-1]
It shall be unlawful for the owner or person in charge of any
store, beer parlor or other places of business or commercial establishments
to sell, give away, or in any manner dispense, or permit the consumption
of any wines, malt liquors or beer in such store, beer parlors or
other places of business or commercial establishments, including premises,
between the hours of 12:00 midnight and 7:00 a.m.; with the exception
of New Year's Eve, on which the hours will be between 1:00 a.m. and
7:00 a.m. If New Year's Eve falls on either Saturday or Sunday, the
City will follow the State's Blue Law.
A.
It shall be unlawful for the owner, operator or any employee of any
private establishment/club, located inside the City limits of Walhalla,
South Carolina to serve, sell, give away, or in any manner dispense,
or permit the consumption of any alcoholic beverages, wines, malt
liquors or beer between the hours of 2:00 a.m. and 7:00 a.m. All occupants,
including the owner, bartenders and waitresses, must be out of the
establishment by 2:00 a.m., no exceptions.
B.
To be considered for extended hours, under a private license, the
establishment/club must have been in business for 24 months with no
problems. The Walhalla Fire Chief and the Walhalla Police Chief must
sign off on the premises.
Any person violating the provisions of this article shall be
fined or imprisoned within the discretion of the Municipal Court of
the City of Walhalla.
