June 14, 1994
Charles J. Nooe, City Attorney City of Eden 607 Washington Street Eden, North Carolina 27288
Re: Advisory Opinion: Local Ordinance Prohibiting Consumption of Malt Beverages and Unfortified Wine on State Highways; N.C.G.S. 18B-300
Dear Mr. Nooe:
In response to your May 31, 1994 letter, a local ordinance may prohibit the consumption of malt beverages and unfortified wine on property which is "owned or occupied" by the city or county
[N.C.G.S. 18B-300(c)], including any right of way of a municipal street as long as it does not conflict with N.C.G.S. 18B-401.
A city ordinance may not interfere with State law. State v. Williams 283 N.C. 550, 196 S.E. 2d 756 (1973). In Williams, a city ordinance containing language which limited the possession and consumption of beer and unfortified wine in the face of a statute which said such regulations were forbidden was declared invalid. Local ordinances must be enforced in harmony with existing state statutes.
State law allows transport of malt beverage and unfortified wine on every street or highway.
N.C.G.S. 18B-401. Consumption of malt beverage or unfortified wine is prohibited for the driver, but not the passengers. A local ordinance may not conflict with this statute. A local ordinance may, however, apply to the right of way of city-owned streets to the extent it does not conflict with N.C.G.S. 18B-401.
William N. Farrell, Jr.
Senior Deputy Attorney General
Isaac T. Avery, III
Special Deputy Attorney General