[Adopted 2-8-77]
[Amended 5-12-92 by Ord. No. 92-15]
No person shall consume alcoholic beverages:
A. 
While in or on a public or quasi-public street or a public or quasi-public park, roadway or sidewalk, a public or quasi-public parking area or lot or other public or quasi-public place other than a place licensed to sell and dispense alcoholic beverages for consumption on the licensed premises. Notwithstanding the foregoing, the Mayor and Council of the Town of Secaucus may provide authorization to the Secaucus Volunteer Fire Department, by resolution, to have an event including the consumption of alcoholic beverages and/or beer, subject to the approval of the New Jersey Division of Alcoholic Beverage Control.
[Amended 10-11-94 by Ord. No. 94-36]
B. 
While in a motor vehicle when such vehicle is parked or otherwise located in or on any of the places specified in Subsection A of this section, and in any way prohibited by the New Jersey Statutes, including but not limited to Title 39 (Motor Vehicle and Traffic Regulations).
C. 
While upon any private property not owned by such person without the express permission of the owner thereof or other person having authority to grant such permission.
[Added 12-18-12 by Ord. No. 2012-39]
A. 
Definitions.
RESTAURANT
An establishment regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for preparing, cooking and serving of food to its customers for on-site consumption, where customers are provided an individual menu and served at tables by a restaurant employee, and in which no other business, except such as is incidental to such establishment, is conducted.
B. 
Consumption prohibited in unlicensed commercial establishment. Except as otherwise provided in Section 47.22D, no person shall drink or otherwise consume any alcoholic beverage, or offer an alcoholic beverage to another person for the purpose of consumption, in any commercial establishment where persons congregate for any purpose whatsoever, unless such establishment holds a valid retail consumption license issued by the Town of Secaucus or the New Jersey Division of Alcoholic Beverage Control.
C. 
Owner or operator of establishment shall not permit consumption in unlicensed commercial establishment. Except as otherwise provided in Section 47.22D, no person owning or operating any commercial establishment, whether or not food or beverages are sold or served on the premises, shall serve or permit or allow the consumption of alcoholic beverages on the premises, unless such establishment holds a valid retail consumption license issued by the Town of Secaucus or the New Jersey Division of Alcoholic Beverage Control.
D. 
Exception for restaurants. The provisions contained in Subsections B and C of this section shall not apply to a restaurant, as defined in this section, provided that the following conditions are met:
(1) 
The restaurant must comply with all applicable state, federal and municipal rules, regulations, statutes and ordinances pertaining to the consumption of wine or malt alcoholic beverages on premises not licensed or permitted to sell or serve alcoholic beverages, including without limitation, N.J.S.A. 2C:33-27.
(2) 
The consumption of alcoholic beverages other than wine or malt alcoholic beverages shall not be permitted in the restaurant.
(3) 
Only patrons who are seated for meal service at a restaurant table may consume or possess an open container of wine or malt alcoholic beverage. No person may consume or possess an open container of wine or malt alcoholic beverage while waiting to be seated for service. There shall be no consumption of wine or malt alcoholic beverage by employees of the restaurant.
(4) 
No outdoor consumption of alcoholic beverages shall be permitted, except as otherwise allowed herein. The consumption of wine or malt alcoholic beverages by patrons may be permitted only in fully enclosed indoor dining areas of the restaurant, except that a restaurant that has zoning approval to operate an outdoor dining area may permit the consumption of wine or malt alcoholic beverages by patrons in such outdoor dining area, if allowed by ordinances of the Town of Secaucus regulating outdoor cafes.
(5) 
The consumption of wine or malt alcoholic beverages shall be permitted only during the hours of 12:00 noon prevailing time to 11:00 p.m. prevailing time.
(6) 
The restaurant shall not charge any admission fee, membership fee, or cover, corkage or service charge.
(7) 
No owner, operator, or employee of the restaurant shall be permitted to serve or distribute wine or malt alcoholic beverages in the restaurant.
(8) 
There shall be no storage of alcoholic beverages on the premises. Patrons shall not be permitted to deliver wine or malt alcoholic beverages to the premises in advance or to leave wine or malt alcoholic beverages on the premises to be consumed or to be picked up at a later time.
(9) 
Patrons who desire to consume wine or malt alcoholic beverages on the premises shall bring such beverages with them to the restaurant for personal consumption. No delivery of alcoholic beverages by any person, including a licensed alcoholic beverage establishment, shall be permitted.
(10) 
A patron shall only be permitted to bring wine or malt alcoholic beverages to the restaurant for personal consumption and consumption by up to seven guests at the same table.
(11) 
Wine or malt alcoholic beverages shall not be permitted to be stored, displayed or maintained on a service bar or service table. Wine or malt alcoholic beverages must be kept by the patron at the table at which the patron is seated.
(12) 
The owner or operator of the restaurant shall not allow, permit or suffer any alcoholic beverages to be consumed by any intoxicated person or by any person under the age of 21 years.
(13) 
The restaurant must have windows that allow visibility to the inside of said restaurant from the street and may not place any obstructions on said windows that would prevent such visibility.
(14) 
The restaurant must have an equal amount of table seating to the amount allowed occupancy by Secaucus.
(15) 
The restaurant shall first obtain a permit to operate as such an establishment. The permit fee shall be $25
E. 
Penalty. Any person who violates the provisions of this section shall be subject to the general penalty provisions of this Ordinance.
Any person, firm, association or corporation violating or failing to comply with any of the provisions of this Article shall, upon conviction thereof, be subject to a penalty or fine not to exceed $500 and/or imprisonment in jail for a period not to exceed 90 days, or both, in the discretion of the Judge imposing such fine or penalty. Each and every day that a violation shall be found to exist shall constitute a separate violation of this Article.