15A NCAC 12B .1003. INTOXICATING LIQUORS: CONTROLLED SUBSTANCE OR BEVERAGES

(a)  A person shall not possess or consume any malt beverage, fortified wine, unfortified wine or spirituous liquor as defined in G.S. 18B-101, within any state park or recreation area, except at the Chimney Rock Attraction and Chimney Rock  Restaurant at the Chimney Rock State Park as permitted under a long term operating agreement and at the Summit Conference Center, Haw River State Park in designated areas and only after obtaining a Special Activity Permit from the Director of the Division or his or her designee under Paragraphs  (d) through (i) of this Rule.  A person shall not possess or consume any other controlled substance or intoxicating substance within any state park or recreation area.

(b)  A person shall not be or become intoxicated while within any state park or recreation area, including during events approved under a Special Activity Permit.

(c)  A person shall not sell or attempt to sell any malt beverage, fortified wine, unfortified wine or spirituous liquor as defined in G.S. 18B-101, within any state park or recreation area, except pursuant to the terms and conditions of a long-term operating lease from the Division.  A person shall not sell or attempt to sell any other controlled substance or intoxicating substance within any state park or recreation area.

(d)  Applications for a Special Activity Permit authorizing the possession or consumption of any malt beverage, fortified wine, unfortified wine or spirituous liquor as defined in G.S. 18B-101, shall be made by a Special Activity Permit request to the Director of the Division or his or her designee, not less than 14 days prior to the date(s) of the intended use.

(e)  The written request shall state the period of time and the area from which the use is requested; the number of persons expected to be in attendance; the type of activity and malt beverage, fortified wine, unfortified wine or spirituous liquor involved; and the name of the individual, organization or group seeking permission to use any portion of any state park or recreational area for the possession or consumption of any malt beverage, fortified wine, unfortified wine or spirituous liquor, listing the name and address of its president, vice president(s), secretary and treasurer or its principal chief executive officer or officers, its directors, if any, and such other pertinent information as may be required by the Director of the Division, or his or her designee, sufficient to identify the organization submitting the request and the individuals principally engaged in the conduct of its affairs.

(f)  The Special Activity Permit shall specify the hours of permitted use, type of malt beverage, fortified wine, unfortified wine or spirituous liquor, the total amounts to be brought into the Park, and the maximum number of attendees.

(g)  If the Director of the Division or his or her designee concludes that the requested use will not hinder or impede any regularly established use of the Haw River State Park and Chimney Rock State Park and will not adversely affect or threaten their care, protection or maintenance or create a nuisance by such use, he or she shall grant permission to use the state park or recreation area specified in the request  or long term operating lease submitted in accordance with this Rule. If the Director or his or her designee shall determine otherwise, he shall deny the request.

(h)  The Director of the Division or his or her designee shall designate appropriate areas and occasions in the designated parks under this Rule, suitable for possession or consumption of malt beverages, fortified wine, unfortified wine or spirituous liquor as defined in G.S. 18B-101.  Such areas and occasions shall be limited so as not to interfere, or cause user conflicts, with other groups or individuals also visiting the state park but not requesting the Special Activity Permit.  Examples of appropriate areas include meeting rooms, restaurants, cafeterias, lodging rooms and other similar areas in which user conflicts are minimized.  Examples of permitted occasions include receptions, weddings and retreats.

(i)  The applicant for a Special Activity Permit shall comply with all state or local laws, rules or ordinances related to the possession or consumption of any malt beverage, fortified wine or unfortified wine, as defined in G.S. 18B-101.

 

History Note:        Authority G.S. 113-35;

Eff. February 1, 1976;

Amended Eff. January 1, 1983; June 1, 1981;

Legislative Objection Lodged Eff. March 22, 1983;

Amended Eff. May 1, 2010.