[Adopted 6-1-1978]
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.