Borough of Old Tappan, NJ Consumption or Possession in Open Container on Public or Private Property

Any mall, store, parking lot, theater or other place of public assembly to which the public is generally invited or permitted to enter with or without paying any consideration therefore.

§ 85-9 Consumption in public places prohibited.

No person shall consume or possess in any opened container any alcoholic beverage as defined by N.J.S.A. 33:1-1 in or upon:

Any public street, sidewalk, mall, public parking place, park (whether devoted to active or passive use), playground or recreational area, or any other public place or quasi-public place.

Property owned by the federal, state or county government, or other public entity, such as the Board of Education.

Buildings, structures, stadium or other improvements situated on lands enumerated in Subsections A and B above; provided, however, that in the case of property owned by the Board of Education of the Borough of Old Tappan, the restrictions contained herein shall not be applicable to school buildings, including portable classrooms, whether or not those spaces are used for educational, administrative or other use; but the provision shall be applicable to field houses, sheds, athletic stadiums, tennis courts or general improvements.

Any public conveyance.

Any private motor vehicle while the same is in motion or parked in any public street, public parking lot or quasi-public place.

Any private property, not his or her own, without the express permission of the owner or other person having authority to grant such permission.

§ 85-10 Exceptions.

Notwithstanding the provisions contained in § 85-9, the Mayor and Council may, by resolution, permit the possession or consumption of alcoholic beverages in a designated park, playground or recreational area, or other public place at a designated time or times, in connection with any purpose or events which have been authorized by the Mayor and Borough Council.

In the event the use of alcoholic beverages is anticipated on premises described in Subsection B of § 85-9, the provisions of Subsection A of § 85-10 shall not be exercised by the Mayor and Council, but shall be exercised at the discretion of the public agencies or entities owning that property; provided, however, that the public agency transmits a copy of its permit, when issued, for distribution to the Borough Clerk. Nothing in this section shall be deemed to prohibit or limit the rights of the Board of Education to permit the possession or consumption of alcoholic beverages in buildings or on grounds within its control in conjunction with any activities sponsored or sanctioned by the Board of Education, and nothing shall be deemed to abrogate any rulings of the Commissioner of Education of the State of New Jersey, the Board of Education of the Borough of Old Tappan or other cognizant authority relating to the issue of search and seizure or entry into school buildings, student lockers or the like.

§ 85-11 Permit application from Borough Clerk.

Application for a permit to consume alcoholic beverages in a public park, playground, recreational area or other public place shall be made to the Borough Clerk, who, upon receipt thereof, shall transmit a copy to the Chief of Police and to the Recreation Director.

§ 85-12 Licensed premises exempt.

Nothing herein shall be construed to prohibit the possession or consumption of alcoholic beverages within or upon premises duly licensed for the consumption of alcoholic beverages.

§ 85-13 Violations and penalties.

Any person who shall violate any provision of this article shall be liable to the penalty set forth in Chapter 1, Article III of the Code.