[Amended 6-23-2022 by Ord. No. 2022-11]
It is hereby prohibited to drink or consume any alcoholic beverage on any sidewalk, street, avenue, highway, alley, public parking lot, public park, public pier, beach, boardwalk, ball field, playground, municipal building or any vehicle not on private property in the City of Ventnor City, County of Atlantic and State of New Jersey, at any time subject to the following exceptions.
A.
Creation of open container areas.
(1)
It is the intent of the City of Ventnor to establish certain zones within the municipality to permit open container areas to be exceptions to the prohibition ordinance as outlined above.
(2)
The authority to establish said "open container areas" is derived as follows: The State Legislature has enacted on 1-18-2022, an act concerning the consumption of alcoholic beverages, supplementing Title 33 of the Revised Statutes, and amending R.S.40:48-1.
(3)
As used in this section:
(a)
"Open container area" means a portion of a municipality or an area encompassing the entire municipality upon which persons are permitted to carry and consume open containers of alcoholic beverages outdoors.
(b)
Notwithstanding any other provision of law to the contrary, a municipality may, by ordinance, authorize the consumption of alcoholic beverages within an open container area by persons who are at least 21 years of age. A determination to adopt an ordinance pursuant to this subsection shall be made only after a public hearing is held by the municipal governing body on the merits of establishing an open container area.
(c)
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, rules and regulations promulgated by the director, and municipal ordinances.