[Adopted 2-8-77]
[Amended 5-12-92 by Ord. No. 92-15]
No person shall consume alcoholic beverages:
A.
While in or on a public or quasi-public street or a public or quasi-public
park, roadway or sidewalk, a public or quasi-public parking area or
lot or other public or quasi-public place other than a place licensed
to sell and dispense alcoholic beverages for consumption on the licensed
premises. Notwithstanding the foregoing, the Mayor and Council of
the Town of Secaucus may provide authorization to the Secaucus Volunteer
Fire Department, by resolution, to have an event including the consumption
of alcoholic beverages and/or beer, subject to the approval of the
New Jersey Division of Alcoholic Beverage Control.
[Amended 10-11-94 by Ord. No. 94-36]
B.
While in a motor vehicle when such vehicle is parked or otherwise located in or on any of the places specified in Subsection A of this section, and in any way prohibited by the New Jersey Statutes, including but not limited to Title 39 (Motor Vehicle and Traffic Regulations).
C.
While upon any private property not owned by such person without
the express permission of the owner thereof or other person having
authority to grant such permission.
[Added 12-18-12 by Ord. No. 2012-39]
A.
RESTAURANT
Definitions.
An establishment regularly and principally used for the purpose
of providing meals to the public, having an adequate kitchen and dining
room equipped for preparing, cooking and serving of food to its customers
for on-site consumption, where customers are provided an individual
menu and served at tables by a restaurant employee, and in which no
other business, except such as is incidental to such establishment,
is conducted.
B.
Consumption prohibited in unlicensed commercial establishment. Except
as otherwise provided in Section 47.22D, no person shall drink or
otherwise consume any alcoholic beverage, or offer an alcoholic beverage
to another person for the purpose of consumption, in any commercial
establishment where persons congregate for any purpose whatsoever,
unless such establishment holds a valid retail consumption license
issued by the Town of Secaucus or the New Jersey Division of Alcoholic
Beverage Control.
C.
Owner or operator of establishment shall not permit consumption in
unlicensed commercial establishment. Except as otherwise provided
in Section 47.22D, no person owning or operating any commercial establishment,
whether or not food or beverages are sold or served on the premises,
shall serve or permit or allow the consumption of alcoholic beverages
on the premises, unless such establishment holds a valid retail consumption
license issued by the Town of Secaucus or the New Jersey Division
of Alcoholic Beverage Control.
D.
Exception for restaurants. The provisions contained in Subsections B and C of this section shall not apply to a restaurant, as defined in this section, provided that the following conditions are met:
(1)
The restaurant must comply with all applicable state, federal and
municipal rules, regulations, statutes and ordinances pertaining to
the consumption of wine or malt alcoholic beverages on premises not
licensed or permitted to sell or serve alcoholic beverages, including
without limitation, N.J.S.A. 2C:33-27.
(2)
The consumption of alcoholic beverages other than wine or malt alcoholic
beverages shall not be permitted in the restaurant.
(3)
Only patrons who are seated for meal service at a restaurant table
may consume or possess an open container of wine or malt alcoholic
beverage. No person may consume or possess an open container of wine
or malt alcoholic beverage while waiting to be seated for service.
There shall be no consumption of wine or malt alcoholic beverage by
employees of the restaurant.
(4)
No outdoor consumption of alcoholic beverages shall be permitted,
except as otherwise allowed herein. The consumption of wine or malt
alcoholic beverages by patrons may be permitted only in fully enclosed
indoor dining areas of the restaurant, except that a restaurant that
has zoning approval to operate an outdoor dining area may permit the
consumption of wine or malt alcoholic beverages by patrons in such
outdoor dining area, if allowed by ordinances of the Town of Secaucus
regulating outdoor cafes.
(5)
The consumption of wine or malt alcoholic beverages shall be permitted
only during the hours of 12:00 noon prevailing time to 11:00 p.m.
prevailing time.
(6)
The restaurant shall not charge any admission fee, membership fee,
or cover, corkage or service charge.
(7)
No owner, operator, or employee of the restaurant shall be permitted
to serve or distribute wine or malt alcoholic beverages in the restaurant.
(8)
There shall be no storage of alcoholic beverages on the premises.
Patrons shall not be permitted to deliver wine or malt alcoholic beverages
to the premises in advance or to leave wine or malt alcoholic beverages
on the premises to be consumed or to be picked up at a later time.
(9)
Patrons who desire to consume wine or malt alcoholic beverages on
the premises shall bring such beverages with them to the restaurant
for personal consumption. No delivery of alcoholic beverages by any
person, including a licensed alcoholic beverage establishment, shall
be permitted.
(10)
A patron shall only be permitted to bring wine or malt alcoholic
beverages to the restaurant for personal consumption and consumption
by up to seven guests at the same table.
(11)
Wine or malt alcoholic beverages shall not be permitted to be
stored, displayed or maintained on a service bar or service table.
Wine or malt alcoholic beverages must be kept by the patron at the
table at which the patron is seated.
(12)
The owner or operator of the restaurant shall not allow, permit
or suffer any alcoholic beverages to be consumed by any intoxicated
person or by any person under the age of 21 years.
(13)
The restaurant must have windows that allow visibility to the
inside of said restaurant from the street and may not place any obstructions
on said windows that would prevent such visibility.
(14)
The restaurant must have an equal amount of table seating to
the amount allowed occupancy by Secaucus.
(15)
The restaurant shall first obtain a permit to operate as such
an establishment. The permit fee shall be $25
E.
Penalty. Any person who violates the provisions of this section shall
be subject to the general penalty provisions of this Ordinance.
Any person, firm, association or corporation violating or failing
to comply with any of the provisions of this Article shall, upon conviction
thereof, be subject to a penalty or fine not to exceed $500 and/or
imprisonment in jail for a period not to exceed 90 days, or both,
in the discretion of the Judge imposing such fine or penalty. Each
and every day that a violation shall be found to exist shall constitute
a separate violation of this Article.
