[Adopted 4-3-1980 as Ch. VI of the 1980 Code]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Chester in accordance with the provisions of an act of the Legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages," comprising Chapter 436 of the Laws of 1933, its supplements and amendments, and also comprising 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 purpose of this chapter, words and phrases herein shall have the same meanings in N.J.S.A. 33:1-1 et seq., and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
A. 
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the act, rules and regulations referred to in § 85-1, and all other applicable laws of the State of New Jersey or the United States.
B. 
Issuing authority. All licenses required by this chapter shall be issued by the borough, which shall also administer the provisions of this chapter.
C. 
License required. No person shall sell or distribute alcoholic beverages within the borough without obtaining a license in accordance with the act referred to in § 85-1 and the provisions of this chapter.
D. 
License fees; maximum number.
[Amended by Ord. No. 81-6; Ord. No. 82-9; Ord. No. 83-15; Ord. No. 83-24; Ord. No. 84-2; Ord. No. 88-2; Ord. No. 96-06]
(1) 
The annual fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the borough shall be as established in Chapter 127, Fees.
(2) 
The provisions of this subsection with respect to the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued in the event the number of presently issued licenses is greater than those which are authorized to be issued.
E. 
New licenses. Nothing in this section shall prevent the issuance of a new plenary retail consumption license to a person who operates a hotel containing 100 sleeping rooms or who may hereafter construct and establish a new hotel containing at least 100 sleeping rooms.
A. 
Hours of sale. No alcoholic beverages shall be sold, delivered or served to or consumed in any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m. except Sundays and New Year's Day each year as hereinafter provided.
B. 
Sundays. Provisions of Subsection A shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 2:00 a.m. and 10:00 a.m.
C. 
New Year's Day. Provisions of Subsection A shall not apply on January 1. On that day alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises from the hours of 5:00 a.m. and 7:00 a.m. unless January 1 is a Sunday, in which case alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 10:00 a.m.
D. 
Christmas Day. Provisions of Subsection A shall not apply on December 25. On that day alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises from the hours of 5:00 a.m. and 7:00 a.m. unless December 25 is a Sunday, in which case alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 10:00 a.m.
E. 
Sales to certain persons. 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 any such persons to congregate in or about the licensed premises.
F. 
Closing provision. During the hours that the sale of alcoholic beverages are prohibited, the entire licensed premises shall also be closed and no person shall be admitted or permitted to remain therein except the licensee or bona fide employees of the licensee.
No licensee shall sell or serve any alcoholic beverages to any person under the age of 21 years of age.
A. 
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter 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 a 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 a violation of this chapter.