Town of Dover, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Dover 7-27-1970 as Art. 3 of the 1969 Revised Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Dancing and dance halls — See Ch. 158.
Disorderly conduct — See Ch. 162.
Parks and recreation — See Ch. 265.

§ 105-1 Number of plenary retail consumption licenses.

The number of plenary retail consumption licenses issued and outstanding in the Town of Dover, at the same time, shall not exceed 24.

§ 105-2 Number of plenary retail distribution licenses.

A. 
The number of plenary retail distribution licenses issued and outstanding in the Town of Dover, at the same time, shall not exceed five.
[Amended 5-28-1996 by Ord. No. 19-1996]
B. 
This limitation shall not prevent the issuance of renewals of plenary retail consumption or plenary retail distribution licenses to persons holding such licenses at the time this regulation was adopted; and further provided that this limitation shall not prevent the transfer of licenses, or the renewal thereof, according to law. No new plenary retail consumption or plenary retail distribution licenses shall be issued to anyone not holding such license at the time this regulation was adopted, until the number outstanding shall be reduced by surrender, revocation or nonrenewal, to less than 20 plenary retail consumption licenses or five plenary retail distribution licenses.

§ 105-3 License limitations not applicable to hotels.

The limitations provided in this chapter shall not prevent the issuance of a plenary retail consumption license to a bona fide hotel.

§ 105-4 Hours of sale.

[Amended 8-8-1977; 10-26-1982 by Ord. No. 25-1982]
A. 
No licensee privileged to sell alcoholic beverages for consumption on the licensed premises shall allow, permit or suffer the sale for consumption of alcoholic beverages, or allow the consumption of alcoholic beverages, on licensed premises, on Saturdays and weekdays between the hours of 2:00 a.m. and 7:00 a.m. and on Sundays between the hours of 2:00 a.m. and 10:00 a.m., excepting, however, Christmas Day and New Year's Day each year as hereinafter provided.
[Amended 11-22-1994 by Ord. No. 37-1994]
B. 
No licensee privileged to sell alcoholic beverages for consumption on the licensed premises shall allow, permit or suffer the sale for consumption of alcoholic beverages, or allow the consumption of alcoholic beverages, on licensed premises, on Christmas day between the hour of 3:00 a.m. and the hour above designated for weekdays and Sundays respectively, and on New Year's Day between the hour of 5:00 a.m. and the hour above designated for weekdays and Sundays respectively, when said sale for consumption, or consumption, may be resumed.

§ 105-5 Time standard.

For the purpose of this chapter, the hours aforesaid shall be in accordance with Eastern standard time or Eastern daylight saving time, whichever time system is officially being employed in the Town of Dover.

§ 105-6 Minors prohibited on licensed premises.

It shall be unlawful for a minor to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverages.

§ 105-7 Minors prohibited from consumption or purchase.

It shall be unlawful for a minor to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase, attempt to purchase or have another person purchase for him or her any alcoholic beverage.

§ 105-8 Misrepresentation of age.

It shall be unlawful for a person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any retail licensee, or an employee of a retail licensee, to sell, serve or deliver any alcoholic beverages to a minor.

§ 105-9 Attendance at hearing by parent.

A parent or guardian of any minor charged with a violation of any of the provisions of this chapter shall be required to attend the hearing of the complaint. For the purpose of compelling such attendance, the Judge of the Municipal Court of the Town of Dover is hereby authorized and directed to cause a parent or guardian of a minor to attend the hearing by issuing appropriate subpoenas to compel such attendance. It shall be sufficient compliance with the provisions hereof if one of the parents or one of the guardians attend the hearing pursuant hereto.

§ 105-10 Drinking in public places.

[Added 9-11-1972]
A. 
As used in this section, the following terms shall have the meanings indicated:
DRINKING
Consuming or holding an open or partly consumed container of alcoholic beverage of any nature or having in one's possession an open or partly consumed container of alcoholic beverage of any nature.
PUBLIC PLACE
Any place to which the public has access and shall include any street, highway, road, alley or sidewalk. It shall also include the front or the neighborhood of any store, shop, restaurant, tavern or other place of business and public grounds, areas, parks, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this chapter.
B. 
Certain types of drinking prohibited. No person shall drink in a public place without a duly authorized permit from the Mayor and Board of Aldermen.
C. 
This section shall not apply to an owner of private property and his guests or to a business holding a valid retail plenary alcoholic beverage consumption license.
D. 
Discretion of police officer. Whenever any police officer shall, in the exercise of reasonable judgment, decide that any person in any public place is drinking alcoholic beverages as enumerated in Subsections A and B, that person shall be guilty of a violation of this chapter.

§ 105-11 License fees.

[Added 2-13-1979 by Ord. No. 2-1979; amended 3-10-1981 by Ord. No. 4-1981; 12-27-1983 by Ord. No. 36-1983; 12-10-1984 by Ord. No. 20-1984; 11-26-1991 by Ord. No. 36-1991; 7-14-1992 by Ord. No. 15-1992; 10-25-1994 by Ord. No. 35-1994; 5-12-1998 by Ord. No. 19-1998; 5-11-2004 by Ord. No. 14-2004; 5-8-2012 by Ord. No. 7-2012]
The Town of Dover shall charge the following renewal fees for alcoholic beverage licenses on an annual basis, as follows:
A. 
Plenary retail consumption license fee: $1,785.
B. 
Plenary retail distribution license fee: $1,785.
C. 
Club license fee: $180.

§ 105-12 Violations and penalties.

[Amended 5-28-1996 by Ord. No. 19-1996; 4-9-2002 by Ord. No. 11-2002]
Except as may be provided in N.J.S.A. 33:1-1 et seq., a violation of this chapter shall be punishable by one or more of the following: a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days.