[Adopted 11-9-1981 by Ord. No. 81:15 (Ch. 87, Art. II, of
the 1976 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any fluid, or solid capable of being converted into a fluid,
suitable for human consumption and having an alcoholic content of
more than 1/2% by volume, including beer, ale, still and sparkling
wines, distilled liquors, blended liquors, fermented fruit juices,
or any brewed, fermented or distilled liquors fit for use for human
consumption, or any mixture of the same. For purposes of this article,
it shall be presumed that any container labeled as containing an alcoholic
beverage contains said beverage with the amount of alcohol, by volume,
marked on the label, without the necessity of chemically analyzing
the contents.
A person shall be presumed to possess an alcoholic beverage
if such a beverage is within the custody or under the control of such
person. Possession need not be exclusive but may be exercised jointly
or severally.
The provisions of this article shall not apply to the possession
or consumption of alcoholic beverages pursuant to a special permit
issued by the Council of the Township of Berlin when the person possessing
or consuming an alcoholic beverage is doing so in accordance with
the terms and conditions of said permit and at the location authorized
by said permit.
Nothing herein contained shall be construed to prohibit the
consumption, possession or sale of alcoholic beverages on premises
which are duly licensed pursuant to a retail consumption, retail distribution,
retail transit, wholesale or club license issued by the governing
body of the Township of Berlin or by the Division of Alcoholic Beverage
Control of the State of New Jersey.
Upon adoption of this article, the holders of all liquor licenses
issued by the Township of Berlin or by the State of New Jersey with
places of business in the Township of Berlin shall be required to
post a sign, in a conspicuous place, advising patrons, customers or
other persons legally on the premises of the existence of this article.
Such sign shall be provided free of charge to each licensee by the
Township of Berlin Department of Public Safety.
Any person who violates or fails to comply with any of the provisions
of this article shall, for a first offense, be subject to a fine not
to exceed more than $50 and shall, for a second offense, be fined
not less than $50 nor more than $200 and shall, for a third or subsequent
offense, be subject to a fine of not less than $200 nor more than
$500 or to imprisonment for not more than 90 days, or both, in the
discretion of the court.
This article shall be subject to review of Mayor and Council
after one year of its adoption to determine the effectiveness of said
article.
