[Adopted 7-8-1976 as Section 3-3 of the Revised General Ordinances of 1975]
No person shall consume any alcoholic beverage within the limits of the borough or have in his possession any open alcoholic beverage container with unconsumed alcoholic beverage while:
A. 
In or on a public street, lane, roadway, avenue, sidewalk, public parking place, park, playground, recreation area or school building or grounds or any other public or quasi-public place or in any public conveyance.
B. 
In a private motor vehicle while the same is in motion or parked in any public street, lane or parking area or parking lot or any other public or quasi-public place.
C. 
Upon any private property not his own without the permission of the owner or other person having authority to grant such permission.
No person shall discard any alcoholic beverage container upon any public street, lane, sidewalk or public parking lot or upon any private property not his own without the permission of the owner.
No person shall annoy, disturb, molest or interfere with any person lawfully on any public street, sidewalk, public parking place, park, playground, recreational area or school building or grounds or any other public or quasi-public place or in any public conveyance, nor shall any person make any offensive, profane, lewd, indecent or disgusting remarks to anyone legally on or about the aforesaid places.
Notwithstanding the provisions of §§ 84-14 through 84-17 of this article, the Mayor and Council of the borough may, by resolution, permit the possession or consumption of alcoholic beverages in a designated park at a designated time or times in connection with a specific event or series of events or observances which have been authorized by the Mayor and Council.
[Added 11-20-1995 by Ord. No. 1232; amended 9-15-2009 by Ord. No. 1539]
A. 
Prohibited acts.
(1) 
No person owning or operating any restaurant, dining room or other public place where food or liquid refreshments are sold or served to the general public and for which premises a license or permit authorizing the sale of alcoholic beverages for on-premises consumption has not been issued shall permit or allow the consumption of wine or malt alcoholic beverage, except as provided herein.
(2) 
No person owning or operating any commercial premises of any kind which are open to the public shall permit or allow the consumption of wine or malt alcoholic beverages on those premises, except as provided herein.
B. 
BYOB restaurants and other facilities.
(1) 
Restaurants and/or eating facilities where food or liquid refreshments are sold or served to the general public, as well as establishments regularly known and referenced to as "karaokes," may allow persons to bring their own wine or malt alcoholic beverages, but under no circumstances shall liquor be sold.
(2) 
The following establishments offering BYOB are defined as:
KARAOKE
An establishment regularly and principally used for the purpose of providing a form of entertainment in which amateur singers sing along with recorded music and/or a music video using a microphone and public address system.
RESTAURANT
An establishment regularly and principally used for the purpose of providing meals to the public, having adequate kitchen and dining room equipped for the preparing, cooking and serving of food for its customers and in which no other business, except such as is incidental to such establishment, is conducted.
(3) 
Any establishment seeking to be allowed to have its patrons bring their own malt alcoholic beverages or wine must apply to the Borough on forms supplied by the Borough for permission to allow that service to be offered to its customers.
(4) 
Forms of the application should provide such information as the Borough determines and at a minimum shall provide for the name and address of the entity seeking such permission and such other information as determined by the governing body.
(5) 
The applicant shall agree to comply with the regulations of Chapter 84, Alcoholic Beverages, of the Code of the Borough of Palisades Park, including the provisions of Chapter 84, § 84-20 as it applies to employees as if it held an alcoholic beverage license, and violation of any of those provisions shall result either in fines or revocation of its permit to allow consumption of wine or malt alcoholic beverages on those premises. The applicant shall further agree to comply with New Jersey Statutes Title 2C, Section 33-27.
[Amended 12-18-2019 by Ord. No. 2019-14]
(6) 
Transfer of permit. Under no circumstances may a permit allowing BYOB be transferred in either the ownership and/or location of the approval of the Mayor and Council. Under all circumstances, the permit shall cease and terminate under such transfer. Nothing herein prevents a new or subsequent applicant from applying for a new BYOB permit for such premises.
(7) 
The fee to apply for such a permit shall be a nonrefundable filing fee of $250. After the application to allow the consumption of wine or malt alcoholic beverages to the applicant is approved by a resolution of the governing body, the applicant shall pay to the Borough the sum of $2,000 as a permit fee.
(8) 
The applicant shall apply for a permit for each twelve-month period of time and pay an annual renewal fee of $1,000. The term for which the initial permit is issued shall commence upon the date of approval by the Mayor and Council and remain in effect until the following June 30. Thereafter, all annual renewal periods shall commence on July 1 and remain in effect until the following June 30.
(9) 
Posting. Upon approval by the Mayor and Council of a BYOB permit, such permit must be posted on the inside of the perimeter walls of the establishment so as to be readily visible to the general public.
(10) 
Any establishment which has been approved to allow the patrons to bring their own wine or beer may supply glasses, ice, etc., but may not impose a cover, corkage or service charge of any kind and may advertise the fact that wine or malt alcoholic beverages may be brought onto the premises.
[Amended 4-23-2019 by Ord. No. 2019-5]
(11) 
The owner or operator shall not permit the consumption of wine or malt alcoholic beverages during the hours of 12:00 midnight to 12:00 noon.
(12) 
Persons under the age of 21 years or persons who are visibly or apparently intoxicated are prohibited from consuming wine or malt alcoholic beverages and are prohibited from bringing wine or malt alcoholic beverages onto the premises.
(13) 
Notwithstanding anything contained herein, a violation of this section may result in revocation of the permit to allow the consumption of wine and malt alcoholic beverages.