[Adopted 11-11-1974 by Ord. No. 25-74 (Art.
3, Ch. G, of the 1970 Revised Ordinances)]
No person shall, within the limits of the Borough
of Madison, consume any alcoholic beverage or have in his or her possession
any open alcoholic beverage container with unconsumed alcoholic beverage
therein:
A.
In a parking area adjacent to any licensed premises
for the sale of alcoholic beverages.
B.
Within or on a public street, lane, roadway, avenue,
sidewalk, public parking place, public playground, public recreation
area or public school building or public school grounds. The word
"public," as used herein, shall be limited in meaning to that property
which is either owned in fee or by easement or other right held by
the Borough of Madison or other governmental entity.
C.
While in or about any public place or any parking
area open to the public, whether said parking area is owned or otherwise
controlled by any governmental or private entity. The word "public
place" as used herein shall not apply to the social room for municipal
firemen within the Municipal Building, to social events duly authorized
by the Mayor and Council, including Borough-sponsored functions or
social functions of newly elected or reelected officials within the
Fire Department social room, to the annual picnics held by the Police
and Fire Departments or to the functions approved by the Library Board
of Trustees to be held at the Madison Library. Exceptions to this
prohibition may be granted by the Borough Council upon application
by any recognized organization stating the date and location of the
proposed use, the number of persons expected to be present, the hours
of said use, the type of alcoholic beverages to be consumed and the
parking accommodations to be provided for the event. The Borough Council
may reject any application which it considers inimical to the public
health, welfare or interest.
[Amended 4-14-1975 by Ord. No. 7-75; 8-11-1975 by Ord. No.
23-75; 12-10-1984 by Ord. No. 46-84; 4-28-1997 by Ord. No. 10-97]
[Added 9-12-1983 by Ord. No. 26-83[1]]
A.
It shall be unlawful for the owner or operator of
any place of public accommodation or recreation, including but not
limited to restaurants, bowling alleys, laundromats, arcades, etc.,
or his agents or servants or employees, knowingly to permit, suffer
or allow a person under the legal age for purchasing alcoholic beverages
to consume any alcoholic beverage or have in his or her possession
any open alcoholic beverage container with unconsumed alcoholic beverages
therein on the premises.
B.
No person under the legal age for purchasing alcoholic
beverages shall knowingly consume any alcoholic beverages or knowingly
have in his or her possession any alcoholic beverage container with
unconsumed beverage therein on the premises of any place of public
accommodation or recreation.
C.
It shall be unlawful for any person knowingly to sell,
distribute, transfer, give or by any other means supply any alcoholic
beverage to any person under the legal age to purchase such beverages
in any place of public accommodation or recreation.
Notwithstanding the provisions contained in § 56-10, that section shall in no way interfere with the authority of the Division of Alcoholic Beverage Control and the Borough Council to issue temporary licenses for the consumption of alcoholic beverages, pursuant to the laws of the State of New Jersey or ordinances of the Borough of Madison.
[Amended 6-14-1976 by Ord. No. 15-76; 8-14-2000 by Ord. No.
35-2000; 5-8-2006 by Ord. No. 19-2006]
Any person, firm, corporation or other organization
found guilty of violating any provision of this article shall, upon
conviction thereof, be punishable by one or more of the following
in the discretion of the Judge: a fine of not to exceed $2,000; or
by imprisonment for a term not exceeding 90 days; or by a period of
community service not exceeding 90 days. In the event that a fine
is imposed, pursuant to this section, such fine shall be no less than
$100.
