As used in this article, the following terms
shall have the meanings indicated:
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 or other
place of business and public grounds, areas, 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 consume or offer to another
for consumption any alcoholic beverage in any public place within
the Township of Elk.
No person shall have in his or her possession
any alcoholic beverage in any public place.
[Amended 8-6-1987; 3-2-2000 by Ord. No. O-00-4; 5-16-2023 by Ord. No. O-10-2023]
Event approval exception. Notwithstanding the prohibition set forth in §§
41-2 and
41-3, possession and consumption of alcoholic beverages served by State of New Jersey Division of Alcoholic Beverage Control approved licensees, including distilleries, breweries, farm wineries, cideries and meadery may be permitted only in specifically approved designated public areas and upon the conditions described below:
A. Conditions upon which service, possession and/or consumption of approved
alcoholic beverages may be permitted:
(1) Only a nonprofit [IRS Code 501(c)-(d)] service organization primarily
benefitting or principally located within the Township of Elk is eligible.
(2) Event permit approval by Elk Township Committee after the following
documents and information are submitted to the Township Clerk for
review with the event application:
(a)
Proof of current and valid IRS 501(c)(3) and (d) status.
(b)
Name and home address of each Director and/or Trustee of the
Board of the nonprofit organization.
(c)
Insurance certificate naming the Township of Elk as "certificate
holder" and "additional insured," inclusive of liquor liability coverage,
from the event sponsor and each entity serving or pouring alcoholic
beverages. A minimum of $1,000,000 general liability and liquor liability
limits shall be provided.
(d)
Name(s) and address(es) of the licensed distributor(s)/vendor(s)
serving alcohol at the event.
(e)
The proposed location of the event.
(f)
Map (including dimensions) designating a secured area within
the proposed location where alcohol will be served, possessed and
consumed.
(g)
Maximum number of persons permitted entry to the designated
area.
(h)
Memorandum detailing the procedures to be implemented by the
applicant to address intoxication and underage possession or consumption
of alcohol.
(i)
The commencement and closing time of the event.
B. The dispensing and serving of alcoholic beverages shall terminate
one hour prior to the scheduled closing time of the event.
C. All alcoholic beverages shall be consumed using biodegradable paper
cups, plastic cups and/or aluminum cans. Glass drinking vessels are
prohibited.
D. No person is permitted to bring his or her own alcohol (BYO prohibited).
E. The sale of alcohol is prohibited unless authorized by State of New
Jersey, Division of ABC.
F. The applicant is responsible to obtain any required state and/or
county permits and approvals, including those required by the vendors.
G. Consumption or possession of alcoholic beverages is not permitted
on any public property on Sundays.
H. The applicant, at its own cost, shall provide adequate police personnel
during the event at the applicant's expense. The Chief of Police
shall determine the number of police personnel required during the
event.
I. The applicant shall provide a copy to the Township Clerk and the
State of New Jersey, Division of ABC, permit at least three days prior
to the event.
J. The applicant shall provide a fully executed hold harmless and indemnification
agreement in the form provided by the Township Clerk at least three
days prior to the event date.
K. The nonrefundable event application fee is $50.
L. The Elk Township Committee may impose further conditions relating
to the issuance of the event permit.
[Amended 5-16-2023 by Ord. No. O-10-2023]
Any person violating any of the provisions of
this article shall, upon conviction, be punished by a fine not exceeding
$1,500 or by imprisonment not exceeding 30 days, or both, in the discretion
of the Municipal Court.