[HISTORY: Adopted by Mayor and Council of Borough of Wenonah: Article I, 9-9-1976. Amendments noted where applicable.]
No person shall consume any liquor, wine, beer or any other alcoholic beverage, or have access to or have in his or her possession any open bottle, can, jar or any other vessel containing liquor, wine, beer or any other alcoholic beverage:
While in or on a public street, lane, sidewalk or in any public conveyance or while in or on any public property of the Borough of Wenonah.
In a private conveyance while such conveyance is in motion, stopped or parked in or on a public street, lane or other public area.
While in or on private property, not his or her own, without having the express permission of the owner or any person authorized to grant such permission.
In a private conveyance while such conveyance is in motion, stopped or parked in or on a public street, lane, other public area or on private property without having the express permission of the owner or any person authorized to grant such permission.
[Ord. No. 12-29-1983; deleted 6-22-2017 by Ord. No. 2017-3]
[Amended 6-22-2017 by Ord. No. 2017-3; 10-26-2017 by Ord. No. 2017-9]
Event approval exception. Notwithstanding the prohibition set forth in § 4-1, the service, possession and consumption of alcoholic beverages (wine and beer only) may be permitted only in specifically approved designated public areas and upon the conditions described below:
Conditions upon which service, possession and/or consumption of beer and/or wine may be permitted:
Event permit approval will be considered by Wenonah Borough Council after the following documents and information are submitted to the Borough Clerk at least 60 days prior to the event:
Fees. An application fee (non-refundable) in the sum of $25. A park rental fee in the sum of $300 (refundable if the application is denied). A security deposit in the sum of $500 (refundable if no damages and/or trash remains after the event).
Name(s) and address(es) of the licensed distributor(s)/vendor(s) serving alcohol at the event.
Insurance certificate by the applicant and each alcoholic beverage distributor/vendor naming the Borough of Wenonah as "Certificate Holder" and "Additional Insured," inclusive of liquor liability coverage. A minimum of $1,000,000 general liability and liquor liability limits shall be provided.
The proposed location of the event.
Map (including dimensions) designating a secured area within the proposed event location where alcohol will be served, possessed and consumed.
Maximum number of persons permitted entry to the secured designated area.
Security plan detailing the procedures to be implemented by the applicant to address intoxication and/or underage possession or consumption of alcohol. The Chief of Police shall approve the security plan.
The dispensing and serving of alcoholic beverages shall terminate one hour prior to the scheduled closing time of the event.
All alcoholic beverages shall be consumed using biodegradable paper cups, plastic cups and/or aluminum cans. Except at the Wenonah Park, all glass containers and glass drinking vessels are prohibited.
No person is permitted to bring their own alcohol (BYO prohibited).
The sale of alcohol is prohibited unless authorized by State of New Jersey, Division of ABC.
The applicant is responsible to obtain any required State and/or County permits and approvals.
Consumption or possession of alcoholic beverages is not permitted on any public property on Sundays.
Applicant to provide adequate Police personnel during the event at applicant's expense. The Chief of Police shall determine the number of Police personnel required during the event.
The applicant shall provide a copy of the State of New Jersey, Division of ABC Permit at least seven business days prior to the event.
The applicant and each distributor/vendor shall provide the Borough of Wenonah with a fully executed Hold Harmless and Indemnification Agreement in the form provided by the Borough Clerk at least seven business days prior to the event date.
Wenonah Borough Council may impose further conditions relating to the issuance of the event permit.
The prohibitions contained in § 4-1 above shall not apply to any conveyance or place specifically licensed for the consumption of alcoholic beverages in accordance with the provisions of N.J.S.A. 33:1-1 et seq.
Any individual, firm or corporation who or which suffers, aids, abets or permits any person to violate any provision of this ordinance shall also be deemed in violation of this ordinance.
All ordinances or parts thereof which are inconsistent with any of the terms herein are hereby repealed to the extent of such inconsistency.
If any clause, sentence, paragraph, section or part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Any individual, firm or corporation which or who shall violate this ordinance, upon conviction thereof, shall pay a fine not exceeding $500 or be imprisoned in the county jail for a term not exceeding 90 days, or both, for each offense, in the discretion of the court.
This ordinance shall take effect immediately upon its final passage and publication as required by law.