[Amended 5-27-1986 by Ord. No. 1358]
No person shall serve or consume any alcoholic
beverages in or upon any public street or other public place within
the Borough of Hasbrouck Heights, except:
A. A nonprofit organization having a permit to do so
duly issued by the Borough of Hasbrouck Heights and having complied
with all other ordinances and laws in respect to the service and consumption
of alcoholic beverages may serve and its guests may consume alcoholic
beverages within Woodland Park as such service and consumption may
be otherwise permitted by ordinance or law and within the hours allowed
under the permit issued by the Borough of Hasbrouck Heights to use
Woodland Park.
B. The Volunteer Fire Department of the Borough of Hasbrouck
Heights, commencing on December 31, 2005, shall be permitted to serve
and its members and guests shall be permitted to consume alcoholic
beverages within the "Exempt Room" of the Public Safety Building on
Hamilton Avenue, but nevertheless only upon the following conditions:
[Added 7-26-2005 by Ord. No. 2098]
(1) Such service and consumption shall be permitted only
upon, during and in connection with the conduct of any of up to eight
firematic events in any calendar year, each of which such event shall
be approved as hereinafter provided and shall be conducted under the
control and supervision of the Chiefs of the Department in accordance
with all of the conditions contained herein, all of the conditions
of any other applicable ordinances and all of the conditions of any
law pertaining thereto.
[Amended 9-12-2006 by Ord. No. 2141]
(2) Of those eight excepted events, no such event shall
be proposed or conducted except:
[Amended 12-13-2011 by Ord. No. 2272]
(a) Between 7:00 p.m. and 12:00 midnight on a weekday; or
(b) Between 12:00 noon and 12:00 midnight on a Saturday, Sunday or legal
holiday but nevertheless for no longer than five hours for each such
event; or
(c) On New Year’s from 7:00 p.m. until 1:00 a.m. of the following
morning.
(d) No such event shall be proposed or conducted at any time during which
the Municipal Court of the Borough of Housebroke Heights is in session
nor at any time during which any other public municipal event is being
conducted at the Public Safety Building.
(3) At least 45 days prior to the conduct of any such
function, the Chiefs of the Fire Department shall present to the Fire
Commissioner a proposal for the conduct of such function. Such proposal
shall set forth in detail at least the following:
(a)
The purpose of the function.
(b)
The date and hours of such proposed function.
(c)
A general description of those persons whose
attendance at such function is anticipated, the anticipated number
thereof and the anticipated number of those to whom the service of
alcoholic beverages is prohibited as a result of their age.
(d)
The types and quantities of alcoholic beverages
to be provided for such service and consumption.
(e)
The names and addresses of those persons in
charge of the service of alcoholic beverages and the manner in which
such service is proposed.
(f)
The means to be employed for the exclusion of
service from any person to whom such service is prohibited by law
as a result of age or excessive consumption.
(g)
The means by which it is proposed to exclude
persons whose presence is not anticipated or invited as aforesaid.
(h)
Any further information which the Fire Commissioner
shall require.
(4) At least 30 days prior to the conduct of such function
and after the Fire Commissioner has been provided to his or her satisfaction
with all of the information required as aforesaid and any further
information which he or she may require regarding such proposed function,
the Fire Commissioner shall submit such proposal to the Mayor and
Council for their approval. No such function shall be concluded until
the Mayor and the Fire Commissioner and the Deputy Fire Commissioner
approve the proposal and the Council as a whole approves it upon a
duly adopted resolution.
(5) At least 45 days prior to the conduct of such function,
the Chiefs of the Fire Department must also present the aforesaid
proposal to the Borough Administrator. The Borough Administrator shall
submit the same to the Borough's liability insurance carrier or its
representative for a written determination that such proposed function
shall be covered by the current insurance of the Borough without exception.
In the event that such coverage is declined or that an exception to
such coverage is indicated, the Fire Department may thereupon provide
the Borough Administrator with proof in such form that is satisfactory
to the Borough's insurer that it has obtained coverage for the proposed
function equal to that otherwise provided to the Borough for other
municipal functions. In the event that the Borough insurer has declined
or made exception to insurance coverage on the proposed event and
the Fire Department failed to provide approved supplementary coverage
as aforesaid within 10 days of the date of the proposed function,
such function shall be cancelled, notwithstanding the prior grant
of any other required approvals.
(6) In the event that the proposed function requires the
issuance of a license in accordance with the Alcoholic Beverage Law
of the State of New Jersey (N.J.S.A. 33:1-1 et seq.) and the regulations
of the Division of Alcoholic Beverages Control promulgated thereunder
(N.J.A.C. 13:2 et seq.), then it shall be the obligation and the responsibility
of the Fire Department of the Borough of Hasbrouck Heights to seek
and obtain such license; in the event that such license is not obtained
10 days prior to the date of such function, such function shall be
cancelled, notwithstanding the prior grant of any other required approvals,
(7) Immediately upon the conclusion of such event at the
time hereinbefore specified and approved, all containers of alcoholic
beverages remaining shall be closed and made unavailable for further
service or consumption in either public or private upon such premises;
thereafter, they shall be removed from public property within 12 hours.
(8) This exception to the Volunteer Fire Department of
the Borough of Hasbrouck Heights shall expire on December 30, 2013,
and shall not be renewed upon the same terms and conditions unless
the governing body determines that all of its terms and conditions
have been complied with and that it is in the best interest of this
Borough to do so. Nothing contained in this provision is intended
to limit the authority of the governing body to amend, supplement
or repeal this exemption during the term hereof.
[Amended 1-22-2008 by Ord. No. 2171; 12-15-2009 by Ord. No. 2218; 12-13-2011 by Ord. No. 2272]