[Adopted 7-8-1976 as Section 3-3 of the Revised General
Ordinances of 1975]
No person shall consume any alcoholic beverage
within the limits of the borough or have in his possession any open
alcoholic beverage container with unconsumed alcoholic beverage while:
A.
In or on a public street, lane, roadway, avenue, sidewalk,
public parking place, park, playground, recreation area or school
building or grounds or any other public or quasi-public place or in
any public conveyance.
B.
In a private motor vehicle while the same is in motion
or parked in any public street, lane or parking area or parking lot
or any other public or quasi-public place.
C.
Upon any private property not his own without the
permission of the owner or other person having authority to grant
such permission.
No person shall discard any alcoholic beverage
container upon any public street, lane, sidewalk or public parking
lot or upon any private property not his own without the permission
of the owner.
[1]
Editor's Note: Former § 84-16, Public
intoxication, was repealed 9-16-2008 by Ord. No. 1514.
No person shall annoy, disturb, molest or interfere
with any person lawfully on any public street, sidewalk, public parking
place, park, playground, recreational area or school building or grounds
or any other public or quasi-public place or in any public conveyance,
nor shall any person make any offensive, profane, lewd, indecent or
disgusting remarks to anyone legally on or about the aforesaid places.
Notwithstanding the provisions of §§ 84-14 through 84-17 of this article, the Mayor and Council of the borough may, by resolution, permit the possession or consumption of alcoholic beverages in a designated park at a designated time or times in connection with a specific event or series of events or observances which have been authorized by the Mayor and Council.
[Added 11-20-1995 by Ord. No. 1232;
amended 9-15-2009 by Ord. No. 1539]
A.
Prohibited acts.
(1)
No person owning or operating any restaurant, dining room or other
public place where food or liquid refreshments are sold or served
to the general public and for which premises a license or permit authorizing
the sale of alcoholic beverages for on-premises consumption has not
been issued shall permit or allow the consumption of wine or malt
alcoholic beverage, except as provided herein.
(2)
No person owning or operating any commercial premises of any kind
which are open to the public shall permit or allow the consumption
of wine or malt alcoholic beverages on those premises, except as provided
herein.
B.
BYOB restaurants and other facilities.
(1)
Restaurants and/or eating facilities where food or liquid refreshments
are sold or served to the general public, as well as establishments
regularly known and referenced to as "karaokes," may allow persons
to bring their own wine or malt alcoholic beverages, but under no
circumstances shall liquor be sold.
(2)
KARAOKE
RESTAURANT
The following establishments offering BYOB are defined as:
An establishment regularly and principally used for the purpose
of providing a form of entertainment in which amateur singers sing
along with recorded music and/or a music video using a microphone
and public address system.
An establishment regularly and principally used for the purpose
of providing meals to the public, having adequate kitchen and dining
room equipped for the preparing, cooking and serving of food for its
customers and in which no other business, except such as is incidental
to such establishment, is conducted.
(3)
Any establishment seeking to be allowed to have its patrons bring
their own malt alcoholic beverages or wine must apply to the Borough
on forms supplied by the Borough for permission to allow that service
to be offered to its customers.
(4)
Forms of the application should provide such information as the Borough
determines and at a minimum shall provide for the name and address
of the entity seeking such permission and such other information as
determined by the governing body.
(5)
The applicant shall agree to comply with the regulations of Chapter 84, Alcoholic Beverages, of the Code of the Borough of Palisades Park, including the provisions of Chapter 84, § 84-20 as it applies to employees as if it held an alcoholic beverage license, and violation of any of those provisions shall result either in fines or revocation of its permit to allow consumption of wine or malt alcoholic beverages on those premises. The applicant shall further agree to comply with New Jersey Statutes Title 2C, Section 33-27.
[Amended 12-18-2019 by Ord. No. 2019-14]
(6)
Transfer of permit. Under no circumstances may a permit allowing
BYOB be transferred in either the ownership and/or location of the
approval of the Mayor and Council. Under all circumstances, the permit
shall cease and terminate under such transfer. Nothing herein prevents
a new or subsequent applicant from applying for a new BYOB permit
for such premises.
(7)
The fee to apply for such a permit shall be a nonrefundable filing
fee of $250. After the application to allow the consumption of wine
or malt alcoholic beverages to the applicant is approved by a resolution
of the governing body, the applicant shall pay to the Borough the
sum of $2,000 as a permit fee.
(8)
The applicant shall apply for a permit for each twelve-month period
of time and pay an annual renewal fee of $1,000. The term for which
the initial permit is issued shall commence upon the date of approval
by the Mayor and Council and remain in effect until the following
June 30. Thereafter, all annual renewal periods shall commence on
July 1 and remain in effect until the following June 30.
(9)
Posting. Upon approval by the Mayor and Council of a BYOB permit,
such permit must be posted on the inside of the perimeter walls of
the establishment so as to be readily visible to the general public.
(10)
Any establishment which has been approved to allow the patrons
to bring their own wine or beer may supply glasses, ice, etc., but
may not impose a cover, corkage or service charge of any kind and
may advertise the fact that wine or malt alcoholic beverages may be
brought onto the premises.
[Amended 4-23-2019 by Ord. No. 2019-5]
(11)
The owner or operator shall not permit the consumption of wine
or malt alcoholic beverages during the hours of 12:00 midnight to
12:00 noon.
(12)
Persons under the age of 21 years or persons who are visibly
or apparently intoxicated are prohibited from consuming wine or malt
alcoholic beverages and are prohibited from bringing wine or malt
alcoholic beverages onto the premises.
(13)
Notwithstanding anything contained herein, a violation of this
section may result in revocation of the permit to allow the consumption
of wine and malt alcoholic beverages.
