Editor's Note: Laws concerning alcoholic beverage control are contained in Title 33 of the New Jersey Statutes. All ordinances shall be in conformity with these provisions and approved by the Director of Alcoholic Beverage Control, N.J.S.A. 33:1-40. State Law prescribes the types of licenses that may be issued, their number, permissible license fees and the regulation of licensed premises, N.J.S.A. 33:1-40.
[1972 Code § 8-1]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the City of Bayonne in accordance with the provisions of an act of the legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages," comprising Chapter 436 of the Law of 1933, its supplement and amendments, and also comprising N.J.S.A. 33:1-1 et seq., and in accordance with the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
[1972 Code § 8-2]
For the purposes of this chapter, words and phrases herein shall have the same meanings as they have in N.J.S.A. 33:1-1 et seq., and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
[1972 Code § 8-3.1]
All applications for licenses, all licenses issued, and all proceedings under this chapter shall be in accordance with the Act, rules and regulations referred to in the previous section and all other applicable laws of the State of New Jersey or of the United States.
[1972 Code § 8-3.2]
All licenses required by this chapter shall be issued by the Municipal Council, which shall also administer the provisions of this chapter.
[1972 Code § 8-3.3]
No person shall sell or distribute alcoholic beverages within the City without having obtained a license in accordance with the Act referred to in Section 6-1 and the provisions of this chapter.
[1972 Code § 8-4; Ord. No. O-12-02; Ord. No. O-12-13]
The annual license fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the City shall be as follows:
Class of License
Annual License Fee
No. of Licenses
Plenary Retail Consumption License
$600
Plenary Retail Distribution License
$720
Club License
$188
* Additional Fee for the Retirement of Excess Plenary Retail Consumption License. On or before July 1 annually, each holder of a plenary retail consumption license shall pay to the City an annual license fee as established above. An additional fee of $300 shall be paid by each holder of a plenary retail consumption license which shall be used to finance the retirement of such licenses to the extent and number that the amount realized from the collection of additional fees shall permit. The number of plenary retail licenses shall not exceed the number of 1 for each 2,000 of the City's population.
[1972 Code § 8-10]
The total number of club licenses which may be issued and outstanding at any one time shall not exceed 15.
Nothing contained in this section shall affect the issuance or renewal of club licenses issued and outstanding as of April 1, 1979.
[1972 Code § 8-5.1]
The amount to be paid to a licensee, whose license is surrendered and retired by the City pursuant to this section shall not exceed the sum of $20,000.
[1972 Code § 8-5.2]
Any licensee desiring to have his license retired shall submit the request in writing to the City Clerk who shall stamp the time and date of the receipt of such request and requests shall be numbered numerically as they are received by the City Clerk. No applicant for retirement shall assign his application. In the event of a sale or assignment of the license, the priority designated to such license shall be as aforesaid.
No application shall be accepted unless the license is in good standing and all license fees have been paid for the renewal period commencing on July 1 of the licensing year in which the application for retirement is submitted.
[1972 Code § 8-5.3]
The Municipal Council shall retire those licenses in the numerical priority as they are received by the City Clerk, providing there are funds available.
[1972 Code § 8-6.1]
The following shall apply:
a. 
No alcoholic beverages shall be sold, served or delivered by licensees of any class nor shall any such licensee suffer or permit the sale, service or delivery of any alcoholic beverages directly or indirectly upon the licensed premises on the following days, between the hours set forth opposite such days:
Weekdays, except Saturdays, Sundays and legal holidays, 2:00 a.m. to 6:00 a.m.
Saturdays and legal holidays, except holidays falling on Sunday, 3:00 a.m. to 6:00 a.m.
Sundays, 3:00 a.m. to 9:00 a.m.
b. 
All licensed premises shall be securely closed, locked and made inaccessible to any person except the licensee or his employees on the following days between the hours set forth opposite such days:
Weekdays, except Saturdays, Sundays and legal holidays, 2:00 a.m. to 6:00 a.m.
Saturdays and legal holidays, except those holidays falling on Sunday, 3:00 a.m. to 6:00 a.m.
Sundays, 3:00 a.m. to 9:00 a.m.
1. 
Exceptions. Licensed premises, having halls for hire or who provide catering shall be permitted to open the premises for functions, such as communion breakfasts, or any other Sunday before-noon affairs, for ticket holders, providing a special permit to cater or to hold the affair is issued by the Municipal Council. There shall be no fee for this permit.
c. 
Paragraphs a and b of this subsection shall not apply on January 1 in any year.
[1972 Code § 8-6.2]
No plenary retail distribution license shall be issued for premises in which any other mercantile business is carried on, except that any plenary retail distribution licensee may sell at retail, any liquid product customarily mixed with and consumed with alcoholic beverages and any processed fruits and vegetables customarily used in and consumed with alcoholic beverages; and further such licensee may sell at retail any potato or grain chips, pretzels and edible nuts.
[1972 Code § 8-6.3]
All premises in which alcoholic beverages shall be sold or dispensed, except those for which club licenses are issued, shall have reasonable access of light from the public highway, and such premises shall be deemed to have reasonable access of light when a normal size adult can, on inspection from the exterior, view the interior of the licensed premises, provided that this subsection shall not apply to the second floor or basement floor of licensed premises which include the ground or street floor.
[1972 Code § 8-6.4]
No person shall be served alcoholic beverages in any room which is not open to the public, except that hotel or motel guests may be served in their rooms or in private dining rooms. This subsection shall not apply to club licenses.
[1972 Code § 8-6.5]
All music, singing and entertainment in licensed premises, including hotels and motels, shall cease during the hours that the sale and service of alcoholic beverages are prohibited.
[1972 Code § 8-6.6]
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or person under the legal age, nor permit the consumption of alcoholic beverages on any licensed premises by any of the above named classes of persons, or permit any such persons to congregate in or about the licensed premises.
[New]
During the hours when sales of alcoholic beverages are prohibited, the entire licensed premises shall be closed and no person shall be admitted or permitted to remain thereon except the licensee or bona fide employees of the licensee; provided, however, that such requirement for the closing of the premises shall not apply to bona fide hotels or restaurants as defined in N.J.S.A. 33:1-1(t) and to clubs eligible for a club license under N.J.S.A. 33:1-12(5) and to other establishments where the principal business is other than the sale of alcoholic beverages.
[1972 Code § 8-6.7a]
a. 
No person shall be employed in any capacity where the nude portion of his or her body shall be exposed from the point commencing two inches above the conical protuberance in the breasts to a point below the genitalia, front, rear or both sides, in or on any premises licensed under this chapter.
b. 
No person shall be permitted to perform any dancing exhibition where the nude portion of his or her body shall be exposed from a point commencing two inches above the conical protuberance in the breasts to a point below the genitalia, front, rear or both sides, in or on any premises licensed under this chapter.
[1972 Code § 8-6.7b; Ord. No. O-01-25; Ord. No. O-09-28 § 2; Ord. No. O-12-02 § 5]
All persons employed by any Retail Consumption, Club or Retail Distribution licensee shall obtain a work permit issued by the Department of Public Safety before commencing employment. Application for such work permit shall be made in person to the A.B.C. Bureau of the Police Department. Licensees and their employees shall be bound by the following rules and regulations:
a. 
Every licensee, agent, bartender, waiter, waitress or other employee shall make full and complete answers on prescribed forms furnished by the Department of Public Safety.
b. 
Every licensee, Agent, or any other employee, connected with or employed by the licensee shall submit to the taking by the Department of Public Safety of impressions of the thumb and fingertips of both hands and the taking of photographs, and shall authorize a criminal record check to be made. The applicant shall pay a fee of $50 to the City of Bayonne by check or money order for the work permit. The applicant shall also pay by money order payable to "Division of State Police — S.B.I.," a fee for the processing of fingerprints and a criminal record check which shall be the current fee established by the State Police at the time of the application.
c. 
Upon approval of a work permit for an applicant, the Department of Public Safety shall furnish to the licensee at whose premises the applicant for a work permit is to be employed a work permit in the form of an identification card showing compliance with the provisions of this subsection which shall be kept on file on the licensed premises and shall be produced upon demand by a Police Officer, Law Enforcement Agent or other person authorized to enforce the Alcoholic Beverage Laws of the State of New Jersey at any time. Work permits shall only be issued for employment at a specified licensed premises and may not be transferred to any other licensed premises. A duplicate permit shall be issued to any approved employee for employment at an additional licensed premises upon application for same.
d. 
Upon the termination of employment for any reason of any holder of a work permit issued pursuant to this subsection, the licensee shall notify the A.B.C. Bureau of the Police Department. The A.B.C. Bureau shall recover the identification card for such employee from the licensee and shall keep it on file. If at any time within five years of the termination of employment the employee seeks reemployment at the same or a different licensed premises, a work permit shall be issued upon application for renewal and payment of the renewal fee as hereinafter provided. If application for re-issuance of the work permit is made while the permit is still in effect, it shall be re-issued at no charge. If application for re-issuance for a different premises is made while the permit is still in effect, it shall be re-issued upon payment of the fee for a duplicate permit as provided in paragraph c.
e. 
Work permits issued pursuant to this subsection shall be valid for a period of one year commencing July 1 and shall expire on June 30 of the license year for which the work permit has been issued. Before expiration of the work permit, all persons to whom such permits have been issued shall apply for renewal. Applicants for renewal shall pay a renewal fee of $30 payable to the City of Bayonne by check or money order, shall consent to a criminal record check through the State Police and shall pay the current fee established by the State Police for the record check by money order payable to "Division of State Police — S.B.I." Annual renewal of work permits shall not apply to those individuals, partners, corporate officers or shareholders who are listed as the owners of licenses on the license application filed with the City Clerk and the State Division of A.B.C., provided they have been fingerprinted, photographed and had their records checked in connection with the issuance or transfer of their license.
f. 
The application procedures established by this subsection shall apply to all applications for new work permits and to all applications for renewal.
g. 
Licenses expiring on June 30, 2001 are hereby extended and shall remain valid and effective through August 15, 2001.
[1972 Code § 8-9]
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter, any provisions of any applicable statute, or any of the rules and regulations of the State Director of Alcoholic Beverage Control.
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-31 by service of a five day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing.
Suspension of revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
[1972 Code § 8-7.1]
No minor shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by his parent or guardian.
[1972 Code § 8-7.3]
No person shall purchase or attempt to purchase alcoholic beverages for a person under the legal age. It shall be unlawful for any person to induce or attempt to induce any licensee or employee of a licensee to sell, service or deliver alcoholic beverages to anyone under the legal age.
[1972 Code § 8-7.4]
No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve, or deliver any alcoholic beverage to a person under the legal age or permit a person under the legal age to remain on any premises in violation of subsection 6-8.1.
[1972 Code § 8-7.5]
Any parent or guardian of a person under the legal age who accompanies such person under the legal age into a premises in which alcoholic beverages are served and who permits the person under the legal age to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of the minor.
[1972 Code § 8-7.6]
No person under the legal age shall possess or consume any alcoholic beverage in any public place within the City. However, any person 18 years of age or older, may be employed in a licensed premises provided that the proper work permit has been obtained pursuant to subsection 6-6.2.
[N.J.S.A. 33:1-81; New; Ord. No. O-09-28 § 2]
Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500. In addition, the Court shall suspend the person's license to operate a motor vehicle for six months or prohibit the person from obtaining a license to operate a motor vehicle in this State for six months beginning on the date he or she becomes eligible to obtain a license or on the date of conviction, whichever is later. In addition to the general penalty prescribed for an offense, the Court may require any person under the legal age to purchase alcoholic beverages who violates this Act to participate in an alcohol education or treatment program authorized by the Division of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.
[Ord. O-03-34 Preamble]
The provisions of "Johns Law I" (N.J.S.A. 39:4-50.22 et seq.) requires the law enforcement agency to notify persons who accompany a drunk driver from the premises that they can be held criminally or civilly liable if they permit the drunk driver to operate a motor vehicle, and authorizes the law enforcement agency to impound the vehicle for 12 hours.
Legislation signed into law by the Governor of this state on August 27, 2003, known previously as S1868 3R, now known as P.L. 2003 c.164 (C.40:48-1.3), authorizes a municipality to enact an ordinance providing that a person who has been arrested for driving under the influence pursuant to Revised Statute 39:4-50 shall be held in protective custody at an appropriate police or other facility.
[Ord. No. O-03-34 § 1]
a. 
Any person who is arrested for a violation of the provisions of R.S. 39:4-50 shall be held in protective custody at an appropriate police or other facility where the person's condition may be monitored until the person is no longer a danger to themselves or others. The person shall be released from protective custody when that person is no longer a danger to themselves or others.
b. 
A person is no longer a danger to themselves or others when the person's blood alcohol concentration is less than 0.05% and the person is no longer under the influence of any intoxicating liquor or narcotic or hallucinogenic or habit-forming drug to the extent that the person's facilities are impaired. In no event shall the municipality's law enforcement agency hold a person in protective custody for a period of longer than eight hours without providing an appropriate hearing.
c. 
Notwithstanding the provisions of this section, provided that it is not a detriment to the public safety, the arresting law enforcement agency may, because of the age, health or safety of the arrested person, release the person pursuant to the provisions of P.L. 2001, c.69 (C. 39:4-50.22 et seq.) or provide an appropriate alternative to protective custody. The municipality and its law enforcement agency shall not be subject to liability if a person is released from custody pursuant to the provisions of this section under the Act.
d. 
Nothing in this section shall be construed as requiring the use of State Police facilities by the municipality for purposes of this ordinance under the Act.
e. 
All the provisions of the Act referenced above are hereby incorporated into and are deemed to be a part hereof.
[Ord. No. O-10-25]
No person under the legal age shall, without legal authority, knowingly possess or knowingly consume an alcoholic beverage of any type on private property.
[Ord. No. O-10-25]
As used in this section:
GUARDIAN
Shall mean a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
RELATIVE
Shall mean the underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
[Ord. No. O-10-25]
a. 
Any person found to be in violation of this section shall be subject to a penalty of $250 for a first offense and $350 for any subsequent offense.
b. 
The Court may, in addition to the to the fine authorized for this offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the Court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the Court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the Court shall immediately collect the license and forward it to the Motor Vehicle Commission along with the report. If for any reason the license cannot be collected, the Court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the Court.
The Court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
If the person convicted under such an ordinance is not a New Jersey resident, the Court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the division the required report. The Court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the Court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension of postponement.
[Ord. No. O-10-25]
The provisions of this section shall not apply to the following persons:
a. 
An underage person consuming or possessing an alcoholic beverage in connection of a religious observance, ceremony, or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverage(s);
b. 
An underage person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a County vocational school or post-secondary educational institution; however, this section shall not be construed to preclude the imposition of a penalty under this chapter, applicable State Statutes, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
c. 
An underage person and one or two other persons shall be immune from prosecution under this section authorized if:
1. 
One of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption;
2. 
The underage person who called 9-1-1 and, if applicable, one, or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator;
3. 
The underage person was the first person to make the 9-1-1 - report; and
4. 
The underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene.
d. 
An underage person who received medical assistance as provided in paragraph c of this section also shall be immune from prosecution under this section.
[Ord. No. O-10-25]
The Municipal Court shall not have jurisdiction over persons under the age of 18, who are otherwise not subject to prosecution for criminal or quasi-criminal offenses in the Municipal Court. In the case of a minor, under the age of 18, the proper form of juvenile delinquency complaint shall issue at the Police Officer's discretion.
[Ord. No. O-17-23]
The purpose and intent of this section is for the City's restaurants to remain competitive with our neighboring municipalities who permit local restaurants and establishments to allow their patrons to bring their own alcoholic beverages on their premises, commonly known as "BYOB", and to enable the City to more effectively monitor the dispensation of alcohol with a BYOB licensing structure.
[Ord. No. O-17-23]
a. 
It shall be unlawful for any person owning, operating, or working in a location open to the public to sell alcohol, beer, wine or other intoxicating spirits without a plenary license as set forth in Section 6-3, which license is properly sited in accordance with all local, State, and Federal laws to sell such alcohol, beer, spirits or wine to any individual of the public.
b. 
It shall be unlawful for any person owning, operating, or working in a location open to the public to allow for the consumption of alcohol, beer, wine or other intoxicating liquors at a location open to the public without proper permits as provided for herein.
c. 
An establishment that is open to the public may allow customers of that public establishment to bring their own wine and/or malt alcoholic beverage (commonly known as "beer"), provided that they meet the criteria set forth herein and apply for proper registration and permits as provided for herein.
d. 
An establishment that meets and obtains all proper permits and registers shall be known as a "Bring Your Own Beer" ("BYOB") establishment.
e. 
Any establishment that obtains all proper permits and registers as a BYOB establishment shall not sell alcohol, beer, wine or other intoxicating spirits but may allow the patrons to bring their own malt alcoholic beverage (beer) and/or wine to the location open to the public for consumption by the patron.
f. 
Any person or establishment violating this section shall be subject to any and all fines and penalties set forth under any law of the State of New Jersey and the City of Bayonne. In addition to any fine or penalty set forth by the State of New Jersey and the City of Bayonne, the City of Bayonne may impose a fine of up to $500 per violation and revocation of the license to operate a BYOB establishment. Each bottle found at the public location shall be considered a separate and distinct violation.
[Ord. No. O-17-23]
The following establishments may offer BYOB and are defined as follows:
a. 
RESTAURANT – An establishment regularly and principally used for the purpose of providing meals to the public, having an 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. In order to qualify as a restaurant, a location shall meet the following conditions:
1. 
A restaurant location must be licensed by the Health Department for the sale or service of food or liquid refreshments that are sold or served to the general public, and for which a license or permit authorizing the sale and/or consumption of alcoholic beverages has not been issued (even if such license or permit is suspended or in the process of being suspended);
2. 
That regularly employs a wait staff of at least one waiter or waitress;
3. 
Whose wait staff service is not confined exclusively to a counter;
4. 
Which maintains at least 10 dining tables and seating for a minimum of 25 patrons; and
5. 
Whose business is primarily engaged in the sale or service of food or liquid refreshments to the general public.
[Ord. No. O-17-23]
a. 
Any establishment seeking to be allowed to have its patrons bring their own malt alcoholic beverages and/or wine must apply to the City Clerk on forms supplied by the Clerk for permission to allow that service to be offered to their customers.
b. 
Forms of the application should provide such information as the Clerk 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.
[Ord. No. O-17-23]
Under no circumstances may a permit allowing BYOB be transferred in either the ownership and/or location without the approval of the Municipal 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.
[Ord. No. O-17-23]
a. 
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 City the sum of $1,000 as a one-time permit fee.
b. 
The applicant shall apply for a permit for each twelve-month period of time and pay an annual renewal fee of $500. The term for which the initial permit is issued shall commence upon the date of approval by the Municipal Council and remain in effect until December 31 of the year following the approval of this article. Thereafter, all annual renewal periods shall commence on January 1 and remain in effect until the following December 31 of the following year.
[Ord. No. O-17-23]
Upon approval by the Municipal 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. Additionally, restaurants that are approved for BYOB must post on their doors a decal that shall be prescribed and printed by the Bayonne Police Department.
[Ord. No. O-17-23]
a. 
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 not advertise the fact that wine or malt alcoholic beverages may be brought onto the premises.
b. 
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.
c. 
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.
d. 
The owner must mandate that a patron who brings an alcoholic beverage to a restaurant under this section take the alcoholic beverage with him or her at the end of their patronage. Under no circumstances may an owner allow an alcoholic beverage to remain on the premises which does not belong to a patron. In the event a patron does not take the alcoholic beverage with him or her at the end of their patronage, the owner or operator must ensure the alcoholic beverage contents and bottle are discarded. There shall be no storage of alcoholic beverages on the premises. Patrons shall not be permitted to deliver alcoholic beverages to the premises in advance or to leave alcoholic beverages on the premises to be consumed or to be picked up at a later time. For each bottle of an alcoholic beverage on the premises that does not belong to a patron, the owner shall be liable for a fine of up to $500 for each bottle found on the premises.
e. 
Any restaurant that opts to be a BYOB under this section irrevocably consents to allow the designated units authorized with enforcing compliance with all plenary licensing laws and their designees to conduct random inspections of BYOB restaurants to ensure compliance with this section.
f. 
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.
g. 
There shall be no consumption of wine or malt alcoholic beverages by employees of the premises, but only by patrons who are seated for meal service at a table. No person waiting to be seated for service may consume or possess an open container of an alcoholic beverage while waiting to be seated for service.
h. 
Any establishment which has been approved under this section may permit outdoor consumption of alcoholic beverages of by patrons, provided:
1. 
The outdoor area is fully enclosed by a permanent structure or fence.
2. 
Ingress and egress shall be through the main facility.
3. 
If ingress and egress cannot be accommodated through the main facility, then an employee, at least 21 years of age, must be stationed at the outdoor entrance.
i. 
No BYOB establishment or employee shall be permitted to serve, pour or distribute alcoholic beverages on the premises.
j. 
Patrons who desire to consume wine or malt alcoholic beverages in the premises shall bring such beverages with them to the establishment. No delivery of alcoholic beverages by any person, including a licensed alcoholic beverage establishment, shall be permitted.
k. 
Alcoholic beverages shall not be permitted to be stored, displayed or maintained on a service bar or service table and must be kept by the patron at the table at which the patron is seated.
l. 
No BYOB establishment shall permit a patron or any person to bring or deliver to the premises a large quantity of alcoholic beverages intended for consumption at a party or other special event to be attended by more than one table of patrons. Public or private parties to be attended by more than four persons and for which the host of the party provides alcoholic beverages to persons attending the function are not permitted. In these instances, a Social Affairs Permit or Catering Permit must be applied for through the New Jersey Division of Alcoholic Beverage Control.
[Ord. No. O-17-23]
This section shall take effect after final passage, publication and other provisions in accordance with applicable law. This section shall remain in effect until April 30, 2018 unless extended to a later date prior to its expiration.