As used in this chapter, the following terms shall have the
meanings indicated:
PARK
That area bounded by East Mantua Avenue, South Clinton Avenue,
East Cherry Street and South East Avenue and posted as such, and such
areas as shall be designated and posted as park areas from time to
time as determined by the Borough Council of the Borough of Wenonah.
RECREATION AREA
That area of Wenonah Lake for swimming and the adjacent playground
area and all areas used for athletic activities, and such areas as
shall be designated and posted as such from time to time as determined
by the Borough Council of the Borough of Wenonah.
No person shall consume any liquor, wine, beer or any other
alcoholic beverage, or have access to or have in his or her possession
any open bottle, can, jar or any other vessel containing liquor, wine,
beer or any other alcoholic beverage:
A. While
in or on a public street, lane, sidewalk or in any public conveyance
or while in or on any public property of the Borough of Wenonah.
B. In
a private conveyance while such conveyance is in motion, stopped or
parked in or on a public street, lane or other public area.
C. While
in or on private property, not his or her own, without having the
express permission of the owner or any person authorized to grant
such permission.
D. In
a private conveyance while such conveyance is in motion, stopped or
parked in or on a public street, lane, other public area or on private
property without having the express permission of the owner or any
person authorized to grant such permission.
Notwithstanding the prohibitions set forth in §
4-2, the service, possession and consumption of alcoholic beverages (wine and beer only) may be permitted at the playground and park area upon the conditions described below:
A. Conditions
upon which service, possession and/or consumption of beer and/or wine
may be permitted:
(1) Event permit approval will be considered by the Wenonah Borough Council
after the following documents and information are submitted to the
Borough Clerk at least 60 days prior to the event:
(b) Fees.
[1]
An application fee (nonrefundable) in the sum of $25.
[2]
A security deposit no less than $300 for events occurring from
dawn to dusk, which shall be refundable if no damage and/or trash
remains, as determined by the Borough, after the event.
[3]
A security deposit no less than $500 for events occurring from
dusk to dawn, which shall be refundable if no damage and/or trash
remains, as determined by the Borough, after the event.
(c) The name(s) and address(es) of the licensed distributor(s)/vendor(s)
serving alcohol at the event.
(d) An insurance certificate by the applicant and each alcoholic beverage
distributor/vendor naming the Borough of Wenonah as "certificate holder"
and "additional insured," inclusive of liquor liability coverage.
A minimum of $1,000,000 general liability and liquor liability limits
shall be provided.
(e) The proposed location of the event.
(f) A map (including dimensions) designating a secured area within the
proposed event location where alcohol will be served, possessed and
consumed.
(g) The maximum number of persons permitted entry to the secured designated
area.
(h) A security plan detailing the procedures to be implemented by the
applicant to address intoxication and/or underage possession or consumption
of alcohol. The Chief of Police shall approve the security plan.
B. The
dispensing and serving of alcoholic beverages shall terminate one
hour prior to the scheduled closing time of the event.
C. All
alcoholic beverages shall be consumed using biodegradable paper cups,
plastic cups and/or aluminum cans. Except at the Wenonah Park, all
glass containers and glass drinking vessels are prohibited.
D. No
person is permitted to bring their own alcohol (BYO prohibited).
E. The
sale of alcohol is prohibited unless authorized by the State of New
Jersey, Division of ABC.
F. The
applicant is responsible to obtain any required state and/or county
permits and approvals.
G. Consumption
or possession of alcoholic beverages is not permitted on any public
property on Sundays.
H. The
applicant shall provide adequate police personnel during the event
at the applicant's expense. The Chief of Police shall determine
the number of police personnel required during the event. This amount
shall be paid directly to the MTPD in addition to any fees set forth
herein.
I. The
applicant shall provide a copy of the State of New Jersey, Division
of ABC, permit at least 14 calendar days prior to the event.
J. The
applicant and each distributor/vendor shall provide the Borough of
Wenonah with a fully executed hold-harmless and indemnification agreement
in the form provided by the Borough Clerk at least 14 calendar days
prior to the event date.
K. The
Borough Council may impose further conditions relating to the issuance
of the event permit.
The prohibitions contained in §
4-2 above shall not apply to any conveyance or place specifically licensed for the consumption of alcoholic beverages in accordance with the provisions of N.J.S.A. 33:1-1 et seq.
Any individual, firm or corporation who or which suffers, aids,
abets or permits any person to violate any provision of this chapter
shall also be deemed in violation of this chapter.
All ordinances or parts thereof which are inconsistent with
any of the terms herein are hereby repealed to the extent of such
inconsistency.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been rendered.
Any individual, firm or corporation which or who shall violate
this chapter, upon conviction thereof, shall pay a fine not exceeding
$500 or be imprisoned in the county jail for a term not exceeding
90 days, or both, for each offense, in the discretion of the court.
This chapter shall take effect immediately upon its final passage
and publication as required by law.