[Adopted 11-8-1973 by Ord. No. 13-73
(Ch. 91, Sec. 4-15, of the 1971 Code of Ordinances)]
As used in this article, the following terms
shall have the meanings indicated:
Consuming or holding an open or partly consumed container
of alcoholic beverage of any nature or having in one's possession
an open or partly consumed container of alcoholic beverage of any
nature.
Any place to which the public has access and shall include
any street, highway, road, alley or sidewalk. It shall also include
the front or the neighborhood of any store, shop, restaurant, tavern
or other place of business and public grounds, areas and parks as
well as parking lots or other vacant private property not owned by
or under the control of the person charged with violating this article.
No person shall drink in any public place without
first having obtained a duly authorized permit from the Mayor and
Borough Council prescribing the right to drink in said public place
and, further, prescribing the day or dates upon which said drinking
shall occur and the times during which said activity shall be conducted.
[Added 10-11-2012 by Ord. No. 18-12]
A.
For the purposes of this section, the word "restaurant" shall not
include fast-food/carry-out restaurants as defined therein. The word
"provider" shall indicate the owner(s) and/or operator(s) of the establishment.
B.
Premises with BYOB privileges must comply with all applicable state,
federal and municipal rules, regulations, statutes and ordinances
pertaining to the consumption of wine or malt alcoholic beverages
on a premise that is not licensed or permitted to sell or serve alcoholic
beverages.
C.
The consumption of alcoholic beverages other than wine or malt alcoholic
beverages shall not be permitted.
D.
There shall be no consumption of wine or malt alcoholic beverages
by employees of the premises, but only by patrons who are seated for
meal service at a table. No person waiting to be seated for service
may consume or possess an open container of an alcoholic beverage
while waiting to be seated for service.
F.
The consumption of alcoholic beverages by patrons may be permitted in outside cafés for which a license has been issued pursuant to Chapter 177, Outdoor Dining. Outdoor consumption of alcoholic beverages shall be permitted only by patrons who are seated for meal service at a table within the confines of the outdoor cafe. With the exception of sidewalk cafes licensed pursuant to Chapter 177, the consumption of alcoholic beverages by patrons on public accessways, such as but not limited to sidewalks and/or driveways, is prohibited at all times.
G.
The consumption of wine or malt alcoholic beverages shall be permitted
only during the hours of 9:00 a.m. prevailing time to 10:00 p.m. Monday
through Sunday.
H.
No BYOB provider shall charge any admission fee or cover, corkage
or service charge.
I.
Pursuant to N.J.S.A. 2C:33-27, under no circumstances may any BYOB
be advertised in any fashion by an unlicensed restaurant or other
public place where food or beverages are sold to the general public.
J.
There shall be no storage of alcoholic beverages on the premises.
Patrons shall not be permitted to deliver alcoholic beverages to the
premises in advance or to leave alcoholic beverages on the premises
to be consumed or to be picked up at a later time.
K.
Patrons who desire to consume wine or malt alcoholic beverages in
the premises shall bring such beverages with them to the establishment.
No delivery of alcoholic beverages by any person, including a licensed
alcoholic beverage establishment, shall be permitted.
L.
Alcoholic beverages shall not be permitted to be stored, displayed
or maintained on a service bar or service table and must be kept by
the patron at the table at which the patron is seated.
M.
No BYOB provider or employee of a provider shall allow, permit or
offer any alcoholic beverages to be consumed by any intoxicated person
or by any person under the age of 21 years.
N.
A BYOB provider shall immediately report to the Police Department
any incident of underage drinking or the presentation of false identification
by an underage person and any incident involving the excessive consumption
of alcohol by a patron. The failure to immediately report any such
incident will result in the suspension or revocation of the BYOB privilege.
O.
A BYOB privilege may be suspended or revoked by the Mayor and Council
for a violation of any of the foregoing regulations or any of the
provisions of this section.
P.
Penalty. For a violation of any provision of this section, the maximum penalty upon conviction shall be as set forth in § 91-21 of this Code.
Q.
Suspension or revocation of BYOB privilege. Any violation of the
provisions of this section by a BYOB licensee may result, in the discretion
of the Borough Council, in the suspension or revocation of the BYOB
privilege.
This article shall not apply to the following
specific situations:
A.
The owner of private property and his guests.
B.
Any business holding a valid retail plenary alcoholic
beverage consumption license, provided that said activity is conducted
in accordance with the Code of the Borough of Rockaway regulating
said licensee, and provided, further, that said activity is in accordance
with the rules and regulations as prescribed by the Alcoholic Beverage
Control Law of the State of New Jersey.[1]
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
Whenever any regular police officer or special
police officer shall, in the exercise of reasonable judgment, decide
that any person in any public place is drinking alcoholic beverages
in violation of this article, that person shall be forthwith arrested
and brought before the Judge of the Municipal Court of the Borough
of Rockaway or, in lieu thereof, shall be served with a summons to
appear before the Judge of the Municipal Court of the Borough of Rockaway
and shall be, upon conviction, deemed to be in violation of this article.
[Amended 11-14-1991 by Ord. No. 22-91; 8-24-2006 by Ord. No. 16-06]
Any person violating any of the provisions of
this article shall, upon conviction, be punished by a fine of not
less than $100 nor more than $2,000 or by imprisonment not exceeding
90 days or by 90 days' community service, all in the discretion of
the Court.[1]
[1]
Editor's Note: Former Art. IV, Possession or Consumption by
Underage Persons, adopted 8-9-2012 by Ord. No. 14-12, which immediately
followed this section, was repealed 8-19-2021 by Ord. No. 23-21.
