Borough of Wharton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wharton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 216.
Sale of food and drink (BOH) — See Ch. 356.
[Sec. 4-15 of the Revised General Ordinances]

§ 67-1 Definitions.

[Amended 6-23-2008 by Ord. No. O-15-08]
As used in this article, the following terms shall have the meanings indicated:
OPEN CONTAINER
Any open, unsealed, resealed or partially refilled container, can or bottle containing an alcoholic beverage.

§ 67-2 Consumption in public places prohibited.

[Amended 6-23-2008 by Ord. No. O-15-08]
No person shall drink, imbibe or consume any alcoholic beverages on any public grounds, which public grounds shall include public and private streets, playgrounds, parks, municipal grounds, which municipal grounds surround municipal building, public and quasi-public parking lots, and other public places in the Borough of Wharton.

§ 67-3 Possession of open container to be a violation.

[Amended 6-23-2008 by Ord. No. O-15-08]
The possession by any person of an open container of any alcoholic beverage in any of the aforementioned areas shall constitute a prima facie violation of § 67-2.

§ 67-4 Exceptions.

[Amended 6-23-2008 by Ord. No. O-15-08]
The foregoing provisions shall not apply to those person or groups of persons who are issued a special permit by the Municipal Council and Clerk of the Borough of Wharton and the State Division of Alcoholic Beverage Control for the consumption of alcoholic beverages in public areas for specific functions in specific areas and during the specific hours of validity of said permit.

§ 67-5 Presumption.

Upon investigation by any person or officer to determine whether a violation of any of the above provisions has been made, any person who shall empty a glass or other container in order to prevent the inspecting or arresting officer or person from being able to make a determination as to the alcoholic content of the beverage in the container shall be presumed to have had a container having a beverage with an alcoholic content, which presumption shall be rebuttable by competent evidence.

§ 67-6 Violations and penalties. [1]

Violation of any of the provisions of this article shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Ch. V of the Revised General Ordinances]

§ 67-7 Purpose.

This article is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Wharton 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.

§ 67-8 Definitions.

For the purpose of this article, words and phrases herein shall have the same meanings as 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.

§ 67-9 Laws applicable.

All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the act, rules and regulations referred to in § 67-7 and all other applicable laws of the State of New Jersey or of the United States.

§ 67-10 Issuing authority.

All licenses required by this article shall be issued by the Borough Council, which shall also administer the provisions of this article.

§ 67-11 License required.

It shall be unlawful for any person or persons to sell or distribute any alcoholic beverages in the Borough of Wharton as described in an Act of the Legislature of the State of New Jersey entitled, "An Act Concerning Alcoholic Beverages," approved December 1933, as amended and supplemented, unless such person or persons shall first have obtained a license from the Mayor and Borough Council in the manner provided by law.

§ 67-12 Annual license fees.

The annual license fees for a license to sell or distribute alcoholic beverages as described in § 67-11 are fixed as follows:
A. 
For every plenary retail consumption license: $600.
B. 
For every plenary retail distribution license: $360.
C. 
For every private club license: $108.

§ 67-13 Opening and closing hours.

[Amended 11-23-2015 by Ord. No. O-21-15]
No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or permit the consumption of any alcoholic beverage on licensed premises outside of the following hours: 7:00 a.m. to 2:00 a.m. on weekdays; 7:00 a.m. to 2:00 a.m. on Saturdays; 9:00 a.m. to 2:00 a.m. on Sundays, except that licensees may remain open until 5:00 a.m. on New Year's Day regardless of the day of the week on which it falls.[1]
[1]
Editor's Note: Original Section 5-3.6, Sale to minors prohibited, and original Section 5-3.7, Distance from churches and schools, which immediately followed this section, were deleted 5-4-2009 by Ord. No. O-04-09.

§ 67-14 License term.

A. 
All licenses issued under the provisions hereof shall be permanent licenses and shall expire at 12:00 midnight on June 30 of each year.
B. 
In addition to penalties for violations provided by ordinance or any other law, any person in violation of the provisions of this section is subject to forfeiture of the license issued.[1]
[1]
Editor's Note: Original Section 5-3.9, Indecent performances, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 67-15 Violations and penalties.

[Added 5-4-2009 by Ord. No. O-04-09]
Violation of any of the provisions of this article shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty.