[Adopted 4-17-1978 by Ord. No. 78-11; amended 5-17-1982 by Ord. No. 82-6; 6-21-1982 by Ord. No. 82-7 (Ch. 68, Art. II, of the 1985 Code)]
Wherever used in this article, the following terms shall be deemed and construed to have the following meanings:
ALCOHOLIC BEVERAGE
Any substance defined in Title 33 of the Revised Statutes of the State of New Jersey, as amended and supplemented, whose sale or disposition is governed by regulations promulgated by the Division of Alcoholic Beverage Control, Department of Treasury, State of New Jersey.
PRIVATE PROPERTY
Any real property, building or other place under private ownership or control.
PUBLIC PLACE
Any street, sidewalk, park, building or other place under the ownership or control of the Township of Washington, or any other place, whether publicly or privately owned, upon which the public is invited or over which it has access, including, by way of illustration but not limitation, the neighborhood of any store, shop, restaurant, tavern, school property, mall, shopping center or other place of business, including parking areas.
A. 
Subject to the exceptions of §§ 128-10 and 128-11 hereof, no person, whether on foot or in or upon any conveyance, shall, while in a public place:
(1) 
Consume any alcoholic beverage.
(2) 
Possess any opened or unsealed container of any alcoholic beverage in which any unconsumed alcoholic beverage remains.
(3) 
Discard any alcoholic beverage container in which any unconsumed alcoholic beverage remains.
B. 
Subject to the exceptions of § 128-11 hereof, no person, whether on foot or in or upon any conveyance, shall, while on private property, perform any of the following acts without the express permission of the owner or person in control of such private property:
(1) 
Consume any alcoholic beverage.
(2) 
Possess any opened or unsealed container of any alcoholic beverage in which any unconsumed alcoholic beverage remains.
(3) 
Discard any alcoholic beverage container in which any unconsumed alcoholic beverage remains.
A. 
The Chief of Police of the Township of Washington may, subject to Subsection F hereof, issue a permit for the consumption and possession of alcoholic beverages in a public place.
B. 
Such permit may be issued only to an individual person of legal drinking age who shall have submitted a written application for the permit as hereinafter provided.
C. 
The application for a permit shall contain the following:
(1) 
The name, residence address and telephone number of the applicant.
(2) 
The date, time, duration and description of the event or events during which alcoholic beverages will be consumed and possessed.
(3) 
The public place where the event will occur and the area in which the alcoholic beverages will be consumed and possessed.
(4) 
The number of persons expected to attend the event.
(5) 
The following statement:
"I understand that if a permit is issued for the consumption and possession of alcoholic beverages in a public place, I will be responsible for the removal of all alcoholic beverage containers from the public place within one hour after the expiration of each permit time period. I further understand that any violation of the terms of the permit, including failure to remove all alcoholic beverage containers within one hour after expiration of each permit time period, will constitute a violation of Article II of Chapter 128 of the Code of the Township of Washington and may subject me to imposition of a fine and/or imprisonment."
(6) 
The signature of the applicant.
(7) 
The signature of the owner of the public place in the event that the public place is not owned by the Township of Washington.
D. 
If issued, the permit shall be subject to the following limitations:
(1) 
The permit shall be valid only for a single public place.
(2) 
The permit shall be valid for not more than one specified time period. Each such time period shall consist of up to 11 consecutive hours or until 10:00 p.m., whichever event shall first occur.
(3) 
The applicant shall be responsible for the removal of all alcoholic beverage containers from the public place within one hour after the expiration of each permit time period.
E. 
The application for and issuance of a permit are governed by the following procedures:
(1) 
The application for such permit shall be made to the Municipal Clerk no later than two Township business days prior to the date on which the time period will begin.
(2) 
The Municipal Clerk shall provide the Chief of Police with a copy of each application for a permit immediately upon receipt thereof.
(3) 
Within two Township business days after receiving the application, the Chief of Police shall deny the permit, issue the permit or issue the permit subject to such conditions as will preserve the health, safety or welfare of the Township of Washington. If the Chief of Police neither denies nor issues a permit within two Township business days after receipt of the application, the application shall be deemed denied.
F. 
An applicant may appeal any action of the Chief of Police to the Township Council within five Township business days of the permit's being granted or denied by filing such appeal in writing with the Municipal Clerk. The Township Council shall consider such appeal within eight days of the filing date of the appeal, the Township Council having full and final authority as to the permit application. The decision of the Township Council shall be by resolution adopted at any meeting of the Township Council. In the event that the Township Council shall fail to act within eight days, the action of the Chief of Police shall be deemed to have been affirmed. There shall be no requirement that any action or failure to act on the part of the Township Council be published.
Nothing herein shall be construed to prohibit the consumption, possession or sale of alcoholic beverages in or upon the premises of an establishment holding a valid plenary retail liquor license or club license. Nothing herein shall be construed to prohibit the consumption, possession or sale of alcoholic beverages in the building of the Township of Washington Volunteer Fire Department, the Township of Washington Voluntary Ambulance Corps or within any municipal building as part of a celebration, holiday or festivity when specifically authorized by the Township Council of the Township of Washington.[1]
[1]
Editor's Note: Original Section E, Penalty, which followed this section, was repealed 6-3-1985 by Ord. No. 85-5.