[HISTORY: Adopted by the Mayor and Council
of the Borough of Woodcliff Lake as indicated in article histories.
Amendments noted where applicable.]
[Adopted 5-19-1980 by Ord. No. 80-13 (Ch. 63 of the 1985
Code)]
This article is enacted to regulate the sale
and transportation of alcoholic beverages in the Borough of Woodcliff
Lake in accordance with the provisions of N.J.S.A. 33:1-1 et seq.
and in accordance with the rules and regulations of the State Director
of Alcoholic Beverage Control.
For the purposes of this article, the words
and phrases shall have the same meanings as in N.J.S.A. 33:1-1, which
are hereby adopted by reference.
All licenses required by this article shall
be issued by the Mayor and Council, which shall also administer the
provisions of this article.
No person shall sell or distribute alcoholic
beverages within the Borough of Woodcliff Lake without first obtaining
a license in accordance with the New Jersey Alcoholic Beverage Law
(N.J.S.A. 33:1-1 et seq.) and the provisions of this article.
[Amended 4-15-1985 by Ord. No. 85-4]
The annual fees of licenses for the sale or distribution of alcoholic beverages in the Borough of Woodcliff Lake shall be as set forth in Chapter 163, Fees.
Licenses shall run for one year, from July 1
to the following June 30, inclusive.
No alcoholic beverages shall be sold, delivered
or served to or consumed in any licensed premises:
A.
Between the hours of 3:00 a.m. and 12:00 noon on Sundays.
B.
Between the hours of 3:00 a.m. and 8:00 a.m. on Fridays
and Saturdays.
C.
Between the hours of 2:00 a.m. and 8:00 a.m. on other
days, with the exception of New Year's Day.
D.
Between the hours of 5:00 a.m. and 12:00 noon on New
Year's Day.
No licensee shall sell, serve or deliver, directly
or indirectly, any alcoholic beverage or allow the consumption of
any alcoholic beverage on the licensed premises or allow the licensed
premises to be open during any period for which a duly constituted
state or municipal law enforcement authority, because of public emergency
or investigation of a crime, has ordered the licensed premises to
be closed.
No licensee or employee of a licensee shall
sell, serve or deliver, directly or indirectly, any alcoholic beverages
to any habitual drunkard, intoxicated person or minor, nor permit
the consumption of alcoholic beverages on any licensed premises by
any of the above-named classes or persons or permit such persons to
congregate in or about the licensed premises.
No licensee shall allow, permit or suffer in
or upon the licensed premises any disturbances, lewdness, immoral
activities, brawls or unnecessary noise or allow, permit or suffer
the licensed place of business to be conducted in such a manner as
to become a nuisance.
No licensee shall allow, permit or suffer in
or upon the licensed premises any prostitute, pickpocket, swindler,
confidence man or other person of ill repute, nor shall any licensee
allow, permit or suffer in or upon the licensed premises any unlawful
possession of or any unlawful activity pertaining to narcotic or other
drugs or other controlled dangerous substances as defined by N.J.S.A.
24:21-1 et seq.
No licensee shall allow, permit or suffer any
illegal lottery to be conducted or any ticket or participation right
in any lottery to be sold or offered for sale on or about the licensed
premises.
No licensee shall engage in or allow, permit
or suffer any pool selling, bookmaking or any playing for money at
any unlawful game or gambling of any kind or any device or apparatus
designed for such purpose on or about the licensed premises.
No licensee shall manufacture, transport, possess,
sell, barter, give away or offer for sale or furnish any alcoholic
beverages adulterated with methanol, alkaloids, acetone, phenols,
formaldehyde, isopropyl alcohol or other poisonous substance whatsoever.
No licensee shall receive, possess or sell any
alcoholic beverages transported into this state in violation of the
rules governing the transportation of alcoholic beverages into New
Jersey promulgated or to be promulgated by the Director of the Division
of Alcoholic Beverage Control.
No retail distribution licensee shall permit
any alcoholic beverages sold by him to be consumed on the licensed
premises, nor shall he permit their containers to be opened on the
licensed premises.
The licensed premises shall, at all times, be
kept in a safe, clean and sanitary condition. All rooms, passageways,
entrances, exits and stairways must be well lighted.
No person shall be served in any room or place
which is not open to the public generally, except that in hotels,
guests may be served in their rooms or in private dining rooms and
further provided that this regulation shall not apply to club licenses.
All premises in which alcoholic beverages are
sold or dispensed, except those which hold club licenses and guest
rooms and private dining rooms in hotels, shall, at all hours, be
so arranged so that a full view of the interior may be had from adjacent
rooms to which the public is freely admitted. All such premises during
business shall be lighted sufficiently so that full view of the interior
may be had by the public.
No licensee or other person shall interfere
with any inspection or search of the premises for which a license
has been issued, or of any building containing the same, by any duly
authorized agent of the federal, state or municipal government, nor
shall any licensee interfere with any such duly authorized agent testing
or taking reasonable samples of any alcoholic beverage on the premises
for which a license has been issued or in any building containing
the same.
No person, other than the licensee, shall have
any interest, directly or indirectly, in the license granted or the
business to be conducted under the license without a full disclosure
having been made, either in the application for the license or as
soon after the interest in the license or in the business conducted
under the license shall have come into being.
No person shall possess, have custody of, offer
for sale or sell any illicit beverage in violation of this article
or of the Alcoholic Beverage Control Act.
No licensee shall allow any female employed
on the licensed premises to accept any food or beverage, alcoholic
or otherwise, at the expense or as a gift from any customer or patron.
No licensee shall allow any practice unduly
designed to increase the consumption of alcoholic beverages.
Each licensee shall, at all times, conspicuously
display his license and these regulations in a place convenient for
inspection in the main business room of the licensed premises. He
shall keep a true copy of the application for the current license
on the licensed premises, as well as a list, in the form prescribed
by the Director of the Division of Alcoholic Beverage Control, containing
the names, addresses and other required information regarding all
persons currently employed on the licensed premises. Such license
application and list shall be available for the inspection of any
law enforcement officer.
[Amended 3-19-2007 by Ord. No. 07-02]
A.
Sale to minors prohibited. No licensee shall sell
or serve any alcoholic beverages to any person under the age of 21
years.
B.
Presence. It shall be unlawful for a person under
the age of 21 years to enter any premises licensed for the sale of
alcoholic beverages for the purpose of purchasing or having served
or delivered to him or her any alcoholic beverage.
C.
Consumption or purchase of alcoholic beverages by
a minor. It shall be unlawful for a person under the age of 21 years
to consume any alcoholic beverages or to purchase, attempt to purchase
or have another purchase for him any alcoholic beverage on any premises
licensed for the sale of alcoholic beverages.
D.
Misstating age. It shall be unlawful for any person
under the age of 21 years to misrepresent or misstate his age for
the purpose of inducing any retail licensee or any employee of any
retail licensee to sell, serve or deliver any alcoholic beverage to
him.
E.
Performers. No person under the age of 21 years shall
be permitted to sing, dance, perform, act, play in any orchestra or
in any manner exhibit himself or herself in any performance or entertainment
held, given, offered or conducted on the licensed premises.
F.
Minor to be accompanied by a parent or guardian. Persons
under the age of 21 years shall not be allowed to frequent, loiter
or remain in any room or rooms used or devoted to the sale, service
or consumption of alcoholic beverages upon a licensed premises, unless
accompanied by a parent, guardian or adult husband or wife; provided
that this provision shall not apply to restaurants or to guest rooms
and private and public dining rooms in hotels.
G.
Notwithstanding
the foregoing, any age set forth herein shall be deemed to be amended
to the legal age for the consumption of alcohol should that age be
changed by the appropriate legislative action.
Any law enforcement officer shall have full
authority to inspect, investigate and supervise the licensed premises
for the purpose of enforcing the provisions of these regulations,
the Alcoholic Beverage Control Act or any rules and regulations promulgated
thereunder.
A.
Any person who shall knowingly aid or abet another
in the violation of any provision of this article shall be punishable
in the same manner as the violator aided and abetted.
B.
Any attempt to evade these regulations or any provisions
thereof, either directly or indirectly, by acquiescence, collusion
or connivance, by or with any licensee, its agents, servants, or employees,
shall be considered a violation of this article.
C.
Any person who shall violate any provisions of this
article shall be punishable, upon conviction, by one or more of the
following: a fine of not more than $2,000, imprisonment for not more
than 90 days, or a period of community service not to exceed 90 days,
in the discretion of the court.
[Amended 4-15-1985 by Ord. No. 85-4; 11-4-2009 by Ord. No. 09-16]
Whenever there shall be a conviction for the
violation of any provision of this article, the Municipal Court Judge
shall forthwith certify such conviction to the Borough Council. Where
the conviction is of a person other than the licensee, the Judge shall
indicate the name of the licensee upon whose premises the violation
occurred.
A.
Any license issued under this article may be suspended
or revoked for violation of any of the provisions of this article
or any provision of any applicable statute or any of the rules or
regulations of the State Director of Alcoholic Beverage Control.
B.
Proceedings for suspension or revocation shall be
in accordance with the provisions of N.J.S.A. 33:1-31 by service of
a five-day notice of charges preferred against the licensee and affording
a reasonable opportunity for a hearing.
C.
Suspension or revocation of a license shall be in
addition to any other penalty which may be imposed for violation of
this article.
[Adopted 4-11-1927 by Ord. No. 33; amended 4-15-1985 by Ord. No.
85-4; 9-4-2001 by Ord. No. 01-6 (Ch. 179, § 179-27,
of the 1985 Code)]
[Amended 5-7-2012 by Ord. No. 12-05]
It shall be unlawful for a person under the legal age to actually
or constructively possess or consume alcoholic beverages on private
property in the Borough of Woodcliff Lake as is provided herein.
Any person or persons who violate this article will be subject
to a fine of $250 for the first offense and $350 for any subsequent
offense. In addition, they may also be subject to the imposition of
a penalty which suspends or postpones for six months the driving privileges
of that person. Such suspension or postponement shall be in accordance
with the provisions of Public Law 2000, Chapter 33.[1] The court, at its discretion, may impose a period of community
service.
[1]
Editor's Note: See N.J.S.A. 40:48-1.2.
A.
Those persons who are under the legal age who are engaged in employment
at an establishment, place or business which serves alcoholic beverages
and are required to deliver or place alcoholic beverages on display
are exempt from this article for the course of their employment at
that place.
B.
Any underage person or persons who possess or consumes alcoholic
beverages in connection with religious observance, ceremony or rite
or who consumes or possesses an alcoholic beverage in the presence
of and with the permission of a parent, guardian or relative who has
attained the legal age to purchase and consume alcoholic beverages
is exempt from this article.
As used in this article, the following terms shall have the
meanings indicated:
A person who has qualified as a guardian of the underage
person pursuant to a testamentary or court appointment.
The underage person's grandparent, aunt, uncle, sibling
or any other person related by blood or affinity.
