[Adopted 5-18-2006 by Ord. No. 2006-4]
[Amended 6-23-2022 by Ord. No. 2022-11]
It is hereby prohibited to drink or consume any alcoholic beverage on any sidewalk, street, avenue, highway, alley, public parking lot, public park, public pier, beach, boardwalk, ball field, playground, municipal building or any vehicle not on private property in the City of Ventnor City, County of Atlantic and State of New Jersey, at any time subject to the following exceptions.
A. 
Creation of open container areas.
(1) 
It is the intent of the City of Ventnor to establish certain zones within the municipality to permit open container areas to be exceptions to the prohibition ordinance as outlined above.
(2) 
The authority to establish said "open container areas" is derived as follows: The State Legislature has enacted on 1-18-2022, an act concerning the consumption of alcoholic beverages, supplementing Title 33 of the Revised Statutes, and amending R.S.40:48-1.
(3) 
As used in this section:
(a) 
"Open container area" means a portion of a municipality or an area encompassing the entire municipality upon which persons are permitted to carry and consume open containers of alcoholic beverages outdoors.
(b) 
Notwithstanding any other provision of law to the contrary, a municipality may, by ordinance, authorize the consumption of alcoholic beverages within an open container area by persons who are at least 21 years of age. A determination to adopt an ordinance pursuant to this subsection shall be made only after a public hearing is held by the municipal governing body on the merits of establishing an open container area.
(c) 
The sale of alcoholic beverages for consumption in an open container area shall be subject to the provisions of Title 33 of the Revised Statutes, rules and regulations promulgated by the director, and municipal ordinances.
B. 
Designation of zones.
(1) 
The City of Ventnor hereby designates any area outside a duly licensed restaurant which has been approved for outside dining as required and approved by the Chief of the Ventnor Police Department.
C. 
Permitted hours.
(1) 
The City of Ventnor hereby designates the following hours in which the open container zones may be utilized as 11:00 a.m. to 11:00 p.m. so long as the establishment is open and operation and the person with the open container is a customer of said establishment.
A. 
Prohibition. It shall be unlawful for any person under the age of 21 years to consume any alcoholic beverages within the City limits of the City of Ventnor City in, at or on any public place, or in, at or on any private place unless said person is in the presence of his or her parent or guardian.
B. 
Enforcement on private property by private persons. Any private person seeing a person under the age of 21 years consuming alcoholic beverages in violation of this article may make a complaint against said minor.
C. 
Enforcement on private property by police officers. Police officers may make a complaint when, in the course of the officer's investigation, while lawfully on private property, the officer determines that a person under the age of 21 years has consumed an alcoholic beverage in violation of this article.
Any person or persons violating this article shall, upon conviction in the Municipal Court of the City of Ventnor, be subject to a fine not exceeding $1,000 or imprisonment in the county jail for not more than 90 days, or to both such fine and imprisonment, in the discretion of the Judge hearing said violation.