[Adopted 6-8-1978 by Ord. No. 769 (Ch. 5, Art. III, of the
1970 Borough Code)]
The purpose of this article is to maintain the public health,
safety and welfare of this family resort by prohibiting anyone from
consuming alcoholic beverages upon any public recreation area, beach,
thoroughfare or right-of-way and to prohibit establishments selling
alcohol for on-premises consumption from allowing anyone to carry
said beverages out of that establishment in an open container.
A.
It shall be unlawful for anyone to consume an alcoholic beverage
upon any public recreation area, beach, thoroughfare or right-of-way.
B.
Carrying alcoholic beverages in an open container shall also be considered
unlawful within this municipality.
C.
This section shall not apply to any properly licensed public function
or activity sanctioned in accordance with the rules and regulations
of the Division of Alcoholic Beverages of the State of New Jersey.
It shall be unlawful and violative of this article for any person,
corporation, partnership or other entity holding a plenary retail
alcohol consumption license to allow any individual to leave the licensed
premises and go upon a public property, place, thoroughfare or right-of-way
with any alcoholic beverage, unless said alcoholic beverage is in
a sealed, original container. It shall further be unlawful for any
licensed establishment to serve alcoholic beverages outside of the
enclosed licensed structure.
[Amended 12-20-2001 by Ord. No. 1291[1]]
Any person, corporation, partnership or other entity violating this article shall be subject to the general penalty in Chapter 1, Article II, General Penalty, of the Borough Code. Said fine or imprisonment shall be in the discretion of the judge before whom said person shall be tried and convicted. In addition, any licensed establishment shall be subject to any and all penalties invoked in connection with the rules and regulations of the Alcoholic Beverage Control Division.
