July 22, 1982
Subject:
Motor Vehicles; Public Vehicular Area; G.S. 20-4.01(32); Restaurant Parking Lot After Hours.
Requested By:
James C. Yeatts, III Assistant District Attorney 17-B Judicial District
Question:
Is the parking lot of a restaurant within the definition of "public vehicular area" under G.S. 204.01(32) when the restaurant is closed?
Conclusion:
Yes.
G.S. 20-4.01(32) provides, in pertinent part:
". . . or upon the grounds and premises of any service station, drive-in theater, supermarket, store, restaurant or office building, or any other business, residential, or municipal establishment providing parking space for customers, patrons or the public. . . ."
The parking area of a restaurant is included within the definition as "grounds and premises." The statute is silent as to whether the establishment providing parking has to be open for business, but as the purpose of the definition and its related statutes is concerned with safety, it is a logical interpretation to say that it is not material as to whether the establishment is opened or closed. The character of the premises does not change so that a person could commit a violation of G.S. 20-138 while the business is open, but not while it is closed. That driver could still endanger the lives and property of others as well as himself after closing hours.
Rufus L. Edmisten Attorney General
Jane P. Gray Assistant Attorney General