[Adopted by Ord. No. 19/74 (Ch. 3, Sec. 3-14, of the 1978 Revised General Ordinances)]
No person shall have in his possession any open or unsealed container or receptacle containing any alcoholic beverage, nor shall any person consume any alcoholic beverage, as such is defined in the Alcoholic Beverage Law of the State of New Jersey (N.J.S.A. 33:1-1 et seq.), while in or upon any of the following places or locations:
A. 
Any parking area adjacent to or providing off-street parking for any establishment licensed to sell alcoholic beverages for off-premises consumption or on-premises consumption.
B. 
Any street, lane, roadway, avenue, sidewalk, public parking lot or parking place, playground, recreation area, park, school building and the grounds thereof, and any public or quasi-public place, or place to which the general public is invited.
No person shall discard any container or receptacle, of any kind or material whatsoever, used for holding alcoholic beverages, whether sealed or unsealed, or empty, partially filled, or filled, in, at or upon any of the places or locations set forth in § 120-1.
Notwithstanding any of the provisions set forth in § 120-1, the Mayor of the Township shall have the right to authorize, in writing, the possession and consumption of alcoholic beverages in and upon any of the places and locations prohibited by this section, at a designated time or period of time and place, in connection with a special event, series of events or observances, for possession and consumption of alcoholic beverages, which possession or consumption shall, in addition, comply with any applicable statutes, laws, ordinances and regulations.
[Added by Ord. No. 15-01; amended 9-1-2015 by Ord. No. 17-15]
A. 
The provisions of § 120-1 shall not apply to sidewalk cafes licensed pursuant to Chapter 455, Sidewalk Cafes, provided that: either a valid alcoholic beverage control license which includes the sidewalk cafe area has been issued for the establishment by the Township of Denville, or the establishment is otherwise not operating in violation of N.J.S.A. 2C:33-27.
B. 
The provisions of § 120-1 shall not apply to vendors who have been issued a wine festival permit by the New Jersey Division of Alcoholic Beverage Control and are participating in a farmer's market pursuant to Chapter 600, Zoning, § 600-161, and their customers during the period that the farmer's market is open, provided that the vendor is in compliance with Article II, Licenses and Regulations, of this chapter, and provided further that this exemption shall not permit open containers of alcoholic beverages other than the sample offered to customers.