[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.
- PUBLIC PLACE
- 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]
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.
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.
The consumption of alcoholic beverages other than wine or malt alcoholic beverages shall not be permitted.
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.
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.
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.
No BYOB provider shall charge any admission fee or cover, corkage or service charge.
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.
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.
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.
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.
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.
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.
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.
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.
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:
The owner of private property and his guests.
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.
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.