Borough of Lodi, NJ Consumption

No person shall consume, drink or imbibe, or offer to another for consumption, drinking or imbibing, any alcoholic beverages in or upon any of the following areas; provided, however, that nothing herein shall be construed to prohibit the consumption of alcoholic beverages within the licensed premises of a plenary retail consumption liquor licensee:

(1)

Any public street, road, alley, avenue, sidewalk, public parking place, park, playground, recreation area or any other public or quasi-public place.

(2)

Any public conveyance.

(3)

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

(4)

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

(5)

Any land or building owned or occupied by any federal, state, county or municipal government.

Any and all real property and improvements occupied by or operated by the Lodi Fire Department are deemed to be public or quasi-public places, in or upon which the storage, consumption, drinking, offering to another for consumption or drinking of any alcoholic beverage is prohibited. Prohibition and exceptions:

[Added 11-27-2012 by Ord. No. 2012-17]

(1)

The Lodi Fire Department, commencing upon the effective date of this subsection, shall be permitted to serve, and its members and invited guests at least 21 years of age shall be permitted to consume, alcoholic beverages in or upon the real property and improvements occupied or operated by the Lodi Fire Department, but nevertheless only upon the following conditions:

(a)

Such service or consumption of alcoholic beverages shall be permitted only upon, during and in connection with the conduct of up to a maximum of 66 official Fire Department meeting events or official Fire Department social events conducted by the Lodi Fire Department 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 and in accordance with all of the conditions contained herein and all of the conditions of any and all other applicable statutes, laws, ordinances, rules and regulations pertaining thereto. No alcoholic beverages shall be permitted at any fire drills.

(b)

No such event shall be proposed or conducted except between 7:00 p.m. and 12:00 midnight on a weekday or between 12:00 noon and 12:00 midnight on a Saturday, Sunday or legal or religious holiday, but nevertheless for no longer than five hours per event.

(c)

At least 30 days prior to the conduct of any such event, the Chief or Chiefs of the Fire Department shall present to the Fire Chief of the Borough a proposal for the conduct of such function. In the event that the function is for a repast after the funeral of a Lodi fireman or his immediate family, the thirty-day time period shall be reduced to one business day. Such proposal shall set forth in detail at least the following:

[1]

The purpose of the function.

[2]

The date and hours of such proposed function.

[3]

A general description of those persons whose attendance at such function is anticipated, the anticipated number of persons in attendance thereof and the anticipated number of those to whom the service of alcoholic beverages is prohibited as a result of their age.

[4]

The types and quantities of alcoholic beverages to be provided for such service and consumption.

[5]

The names and addresses of those persons in charge of the service of alcoholic beverages and the manner in which such service is proposed and a statement certifying that said persons in charge of the service of alcoholic beverages are TIPS certified.

[6]

The means to be employed and the training provided for those serving alcohol for the exclusion of service from any person to whom such service is prohibited by law as a result of age or excessive consumption.

[7]

The means by which it is proposed to exclude persons whose presence is not anticipated or invited as aforesaid.

[8]

Any further information which the Fire Chief of the Borough shall require.

(d)

At least 20 days prior to the conduct of such event and after the Fire Chief of the Borough 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 Chief of the Borough shall submit such written proposal to the Borough Manager for his written approval. No such function shall be permitted unless and until the Borough Manager approves said proposal for said event in writing.

(e)

At least 10 days prior to the conduct of such event, the Borough Manager 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 Lodi Fire Department shall thereupon provide the Borough Manager with proof in such form that is satisfactory to the Borough's insurer and/or insurance consultant that the Lodi Fire Department has obtained coverage for the proposed function equal to that otherwise provided to the Borough for other municipal events, with liability coverage for at least $1,000,000. In the event that the Borough insurer has declined or made exception to insurance coverage on the proposed event and the Lodi Fire Department has failed to provide approved supplementary coverage as aforesaid within five days prior to the date of the proposed event, such event shall be cancelled, notwithstanding the prior grant of any other required approval.

(f)

In the event that the proposed event 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 Lodi Fire Department to seek and obtain such license; and in the event that such license is not obtained at least 10 days prior to the date of such event, such event shall be cancelled, notwithstanding the prior grant of any other required approval.

(g)

Immediately upon the conclusion of such event at the time hereinbefore specified and approved, all alcoholic beverages and 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, all alcoholic beverages and containers shall be removed from the property occupied or operated by the Lodi Fire Department within 12 hours after the conclusion of said event.

(2)

The Lodi Fire Department shall be permitted on occasion to lend a firehouse to a member of the Lodi Fire Department in the name of that member for a private party of that member and his family and invited guests, provided written application is provided to the Borough Manager and that member provides to the Borough Manager a general liability policy with liability coverage for at least $1,000,000 in a form of policy approved by the Borough's insurance carrier or insurance consultant in the name of that member, specifically naming the Borough of Lodi and the Lodi Fire Department as additional insureds on said policy, covering the date of such party, at least 15 days in advance of said party, and said party is approved by the Borough Manager in writing. The cost of the premium for said policy shall be at the sole cost and expense of the member. Such member, provided that he or she is at least 21 years of age, shall be permitted to responsibly serve and his family and invited guests at least 21 years of age shall be permitted to responsibly consume alcoholic beverages in that firehouse on the date of that member private party, provided said insurance policy is in full force and effect. The total number of member private parties shall not exceed 30 in any calendar year.

(a)

No such member private party shall be proposed or conducted except between 7:00 p.m. and 12:00 midnight on a weekday or between 12:00 noon and 12:00 midnight on a Saturday, Sunday or legal or religious holiday, but nevertheless for no longer than five hours per party.

(b)

Immediately upon the conclusion of such member private party, all alcoholic beverages and 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, all alcoholic beverages and containers shall be removed from the property occupied or operated by the Lodi Fire Department within three hours after the conclusion of said event.

(c)

In the event that the proposed member private party 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 that member of the Lodi Fire Department to seek and obtain such license; and in the event that such license is not obtained at least 10 days prior to the date of such member private party, such member private party shall be cancelled, notwithstanding the prior grant of any other required approval.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).