[Adopted by Ord. No. 1308 as Ch. 9.28 of the 1998 Code]
No person shall, within the limits of the Township
of Montville, consume any alcoholic beverage or have in his possession
any unsealed alcoholic beverage container with an alcoholic beverage
therein or discard any alcoholic beverage container:
A.Â
While in or on a public street, lane, roadway, avenue,
pathway, sidewalk, public parking place, whether publicly or privately
owned, park, playground, recreation area or any other public or quasi-public
place or in any public conveyance or upon any land owned or occupied
by any federal, state, county or municipal government or upon outdoor
facilities owned or operated by the Board of Education of the Township
of Montville.
B.Â
While in any automobile, whether in motion or parked,
on any of the public streets, sidewalks, parking lots which are open
to the public at large, whether publicly or privately owned, roadways,
pathways, playgrounds, outdoor facilities owned or operated by the
Board of Education of the Township of Montville, parks, shopping plazas
or other thoroughfares open to the general vehicular traffic in the
Township of Montville.
C.Â
While upon any private property not his own, without
permission of the owner or other person having authority to grant
such permission.
D.Â
While in or about any other public or quasi-public
place or place to which the public is invited, including but not limited
to any shopping plaza, business, banking, church, institutional, commercial
or professional premises, except when such consumption or possession
is with the express permission of the owner or other body, board or
person having the authority to grant such permission.[1]
[1]
Editor's Note: Original § 9.28.030,
Consumption on premises of unlicensed restaurant or public place,
which immediately followed this section, was repealed 12-11-2007 by
Ord. No. 2007-57.
[Added 12-8-2009 by Ord. No. 2009-34]
A.Â
In addition
to such other terms and conditions as may be established, applicants
for a special permit for the consumption of alcoholic beverages on
any land or building owned or operated by the Township of Montville
shall comply with the following requirements:
(1)Â
Applicants
must conform to the current rules and regulations for use of the public
facilities contained in the Township of Montville's Policy for Use
of Township Facilities.
(2)Â
Requests
shall be submitted in writing to the Township Committee at least 45
days prior to the date of the function, stating the identification
of the organization, the description of the function for which the
request is made, the number of participants, and the date and hours
of the function. Requests shall be limited to a beer and wine permit
except for requests to use the Senior Center which may include beer,
wine, and other alcoholic beverages.
(3)Â
The
permittee will be responsible for complying with all local and applicable
alcoholic beverage control regulations.
(4)Â
The
permittee will be responsible for the arrangement of police and fire
control services, if required, as a condition of the permit.
(5)Â
The
permittee will be responsible for providing a certificate of insurance,
naming the Township as an additional insured, with general liability,
minimum limit of $500,000, if required as a condition of the permit.
(6)Â
The
permit will be issued for a specific event, not a blanket permit.
Multiple uses or events will require individual requests.
(7)Â
The
permittee is responsible for cleanup of the premises.
(8)Â
The
permit will coincide with functions where food is to be served.
B.Â
No permit
issued hereunder shall authorize the sale of alcoholic beverages as
defined in N.J.S.A. 33:1-1w and N.J.A.C. 13:2-5.1 of the Alcoholic
Beverage Law or Rules and Regulations. Situations involving the sale
of alcoholic beverages shall require the permittee to obtain from
the Division of Alcoholic Beverage Control a social affairs permit,
which application can initially be obtained from the Township Clerk.
As used in this article, the following terms
shall have the meanings indicated:
Any fluid or solid capable of being converted into a fluid
suitable for human consumption and having an alcoholic content of
more than 1/2 of 1% by volume, including alcohol, beer, lager beer,
ale, porter, naturally fermented wine, treated wine, blended wine,
fortified wine, sparkling wine, distilled liquors, blended distilled
liquors and any brewed or distilled liquors fit for use for beverage
purposes or any mixture of the same and fruit juices.
For the purpose of this article, a container shall be regarded
as "unsealed" when its top or cork has been removed or any of its
contents have been removed or the government tax stamp has been removed
or broken or, in the case of a metal container, when the container
has been opened in any fashion or, in the case of twist-top containers,
when the original seal has been broken.
