A.
No person shall drink, imbibe, or consume, or offer
to another for consumption, any alcoholic beverage in, on or upon:
(1)
Any public recreation area, park, beach, playground,
street, highway, road, sidewalk, parking area, shopping area or any
other public or quasi-public place.
(2)
A public conveyance.
(3)
A private motor vehicle while the same is in motion
or parked on any public street, lane, public parking lot or public
or quasi-public place.
(4)
Any private property without the express permission
of the owner or other person having authority to grant such permission.
B.
This section shall not apply to any properly licensed
establishment, public function or activity sanctioned in accordance
with the rules and regulations of the Division of Alcoholic Beverages
of the State of New Jersey.
A.
No person shall have in his/her possession or possess
any alcoholic beverage in or upon the following, unless the same is
contained within a closed or sealed container:
(1)
Any public recreation area, park, beach, playground,
street, highway, road, sidewalk, parking area, shopping area, place
of amusement, recreation area or any other public or quasi-public
place.
(2)
A public conveyance.
(3)
A private motor vehicle while the same is in motion
or parked on any public street, lane, public parking lot or public
or quasi-public place.
(4)
Any private property without the express permission
of the owner or other person having authority to grant such permission.
B.
This section shall not apply to any properly licensed
establishment, public function or activity sanctioned in accordance
with the rules and regulations of the Division of Alcoholic Beverages
of the State of New Jersey.
No person, corporation, partnership or other entity holding a plenary retail alcohol consumption and/or distribution license shall allow any person to leave the licensed premises, as same is defined on the liquor license issued of said entity, and go upon any of the areas set forth in § 3-9 unless said alcoholic beverage is in a closed or sealed container.
Notwithstanding the provisions of §§ 3-8 and 3-9, the Mayor and Council of the Borough of Lavallette may, by resolution, permit the possession or consumption of alcoholic beverages in a designated park, recreation area, public place or place of resort, as defined in Chapter 7 of the Code of the Borough of Lavallette, at a designated time or times in connection with a special event, series of events or observance which has been authorized by the Mayor and Council of the Borough; provided, however, that possession or consumption of alcoholic beverages shall, in such event, comply with any other applicable ordinances, laws or regulations.
There is hereby established a presumption that
a bottle or container labeled as containing an alcoholic beverage
actually contains such alcoholic beverage.
Any person, firm or corporation that shall be
convicted of a violation of a provision of this chapter shall, upon
conviction whereof by any court authorized by law to hear and determine
the matter, be subject to a fine of no less than $100 and no more
than $1,000, by imprisonment not to exceed 90 days or by community
service of not more than 90 days, or any combination of fine, imprisonment
and community service, as such court in its discretion may impose.
Each day that such violation exists shall constitute a separate offense.
