[Adopted 11-18-1980 as Section III of Ord. No. 0.15.80[1]; amended in its entirety 4-3-2018 by Ord. No. 07.18]
[1]
Editor's Note: This ordinance also repealed former Article III, Purchase for Minors, adopted 4-2-1957 by Ord. No. 386.
A. 
No person acting individually or participating with one or more persons shall consume or attempt to consume an alcoholic beverage or possess, display, dispense or distribute any alcoholic beverage out of its original container:
(1) 
While in a public place, private place of which he is not an owner, tenant or lawful occupant, or in any public conveyance, without permission of any owner, tenant, lawful occupant or any person having the authority to grant such permission.
(2) 
While in or on any property owned by the Borough of Paulsboro in the County of Gloucester without the permission of the Borough of Paulsboro.
(3) 
While in a private motor vehicle that is not being operated, in any public place, other than a public highway, or the right-of-way of a public highway, or upon any private place of which he is not an owner, tenant or lawful occupant without the express permission of the property owner, tenant, lawful occupant or other person having the authority to grant such permission.
B. 
In determining whether or not any of the unlawful acts set forth in Subsection A of this section have been committed, the trier of fact, in addition to or as part of the proofs, may consider the following factors:
(1) 
Statement made by an owner or by anyone in control of the alcoholic beverage.
(2) 
The proximity of the defendant to the alcoholic beverage and his opportunity or ability to consume.
(3) 
Whether the alcoholic beverage is unsealed or has been partially consumed or is in an open or unsealed container such as a glass or cup.
(4) 
Whether the defendant or any person(s) in close proximity to him exhibits an odor of alcoholic beverage coming from his and/or their person or exhibits physical conduct, attributes or demeanor associated with the consumption of alcoholic beverages.
(5) 
Direct or circumstantial evidence of the intent of an owner or anyone in control of the alcoholic beverage to deliver, distribute or make available such alcoholic beverage to the defendant or any other person or persons in close proximity to the defendant.
A. 
All licensees shall conduct their places of business in accordance with all applicable laws, ordinances, and regulations. A violation of any provision of this article shall be punishable, upon conviction thereof, by a fine not exceeding $1,250, imprisonment in the county jail not exceeding 90 days, or 90 days of community service or any combination thereof, at the discretion of the sentencing court.
B. 
When the Municipal Court suspends the imposition of a defendant's sentence, or a portion thereof, or sentences him to be placed on probation, the Municipal Court may attach such reasonable conditions authorized by N.J.S.A. 2C:45-1, including the performance of community-related services and the imposition of conditions reasonably related to the rehabilitation of the defendant, including but not limited to alcohol rehabilitation programs or other such programs related to alcohol education or rehabilitation.