[Adopted 11-7-1979 by Ord. No. 1706 (Ch. 82, Art. III, of the 1979 Code); amended in its entirety 10-26-2021 by Ord. No. 2902]
A. 
No person shall drink or otherwise consume or offer to another person for the purpose of consumption, in any public place or any commercial establishment where persons congregate for any purposes whatsoever, any alcoholic beverage; provided, however, that the provisions of this subsection shall not apply to any place or establishment for which a valid alcoholic beverage consumption license has been issued by the City or by the New Jersey Division of Alcoholic Beverage Control. No person owning or operating any commercial establishment, whether or not food or beverages are sold or served on the premises, shall permit or allow the consumption of alcoholic beverages on the premises whether or not said alcoholic beverages are brought onto the premises by the owner or operator of the establishment or by any member of the general public.
B. 
The prohibitions contained in § 73-28A shall not apply in the case of a restaurant patron that complies with the following rules and regulations:
(1) 
Premises that permit BYOB privileges on its premises 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.
(2) 
The consumption of alcoholic beverages, other than wine or malt alcoholic beverages, shall not be permitted.
(3) 
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.
(4) 
The consumption of alcoholic beverages by patrons shall only be permitted in a fully enclosed indoor dining areas of the premises. Outdoor consumption of alcoholic beverages by patrons may be permitted, provided:
(a) 
The outdoor area is fully enclosed by a permanent structure or fence.
(b) 
Ingress and egress shall be through the main facility.
(c) 
If ingress and egress cannot be accommodated through the main facility, then an employee, at least 21 years of age, must be stationed at the outdoor entrance.
(5) 
The consumption of wine or malt alcoholic beverages shall be permitted only during the hours of 4:00 p.m. prevailing time to 11:00 p.m. prevailing time.
(6) 
No restaurant shall charge any admission fee or cover, corkage or service charge.
(7) 
No restaurant owner or employee shall be permitted to serve, handle, pour or distribute alcoholic beverages on the premises.
(8) 
No restaurant owner or employee shall allow, permit or suffer any alcoholic beverages to be consumed by any intoxicated person or by any person under the age of 21 years.
(9) 
A restaurant 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.
C. 
For the purposes of this section, the word "restaurant" shall mean "Any establishment, however designated, at which food and drink is sold primarily for consumption on a premise in which no other business, except such as is
D. 
For purposes of this section, the term "BYOB" shall refer to a restaurant patron's ability to consume wine or malt alcoholic beverages in a restaurant.
E. 
Penalty. For a violation of any provision of this section, the maximum penalty upon conviction shall be as set forth in this Code.