[Added 4-5-2022 by G.O. No. 2022-11]
(a) Pursuant
to P.L. 2021, c. 395, it shall be lawful for any person who is at least 21 years
of age to consume open containers of alcoholic beverages outdoors
in the following areas:
(1) Quimby Street from Central Avenue to Elm Street, but only in those areas that are delineated, designed and/or partitioned for use as outdoor seating or dining areas or for social activities (said areas commonly referred to and defined herein as "parklets"), or on the sidewalks abutting or immediately adjacent to said areas, as well as on the roadway or portions thereof which have been sufficiently closed to vehicular traffic and reserved exclusively for pedestrian use; and those areas being used as sidewalk cafés pursuant to the provisions of Chapter
24, Article
VII, of the Town Code.
(2) East Broad Street from Prospect Street to Elm Street, but only in those areas that are delineated, designed and/or partitioned for use as outdoor seating or dining areas or for social activities (said areas commonly referred to and defined herein as "parklets"), or on the sidewalks abutting or immediately adjacent to said areas, as well as on the roadway or portions thereof which have been sufficiently closed to vehicular traffic and reserved exclusively for pedestrian use; and those areas being used as sidewalk cafés pursuant to the provisions of Chapter
24, Article
VII, of the Town Code.
(3) Elm Street from North Avenue to East Broad Street, but only in those areas that are delineated, designed and/or partitioned for use as outdoor seating or dining areas or for social activities (said areas commonly referred to and defined herein as "parklets"), or on the sidewalks abutting or immediately adjacent to said areas, as well as on the roadway or portions thereof which have been sufficiently closed to vehicular traffic and reserved exclusively for pedestrian use; and those areas being used as sidewalk cafés pursuant to the provisions of Chapter
24, Article
VII, of the Town Code.
(4) That
portion of 454 South Avenue West, Block 3101, Lot 1, commonly known
as "Foundation Park," but only during such times when the Town of
Westfield or the Downtown Westfield Corporation is sponsoring an event
that is open to the public.
(5) That
portion of the public sidewalk abutting or immediately adjacent to
Central Avenue located at Block 3107, Lots 6, 13, and 14, but only
during such times when the Town of Westfield or the Downtown Westfield
Corporation is sponsoring an event that is open to the public.
(6) On
any street in the Town of Westfield on which a permit has been issued
by the Town for the hosting of a residential block party, but only
during such times and at such locations as set forth in the approved
block party permit, provided that said street has been sufficiently
closed to vehicular traffic and no vehicular traffic is permitted
to travel upon same during the times of such activity.
(b) A "parklet"
is defined as an area over parking spaces adjacent to a sidewalk area
upon which tables, chairs, umbrellas, landscaping, benches, and other
accessory components may be placed to create an enhanced pedestrian
experience for the general public and patrons of retail businesses,
offering an area where one might sit, rest, recreate, socialize and/or
indulge in open air dining and beverage experience. No parklet shall
exist within the Town of Westfield without the permission of the Town.
(c) Notwithstanding
the provisions of this article, the sale of alcoholic beverages for
consumption in an open container area shall be subject to the provisions
of Title 33 of the Revised Statutes of the State of New Jersey, rules
and regulations promulgated by the director of the Division of Alcoholic
Beverage Control, and all other municipal ordinances.
(d) This
article does not, and is not intended to, confer any greater rights
upon a holder of an ABC license or permit than that permitted by the
Division of Alcoholic Beverage Control itself, or any law, rule, or
regulation regarding alcoholic beverage licenses and permits.