[HISTORY: Adopted by the Mayor and Council
of the Borough of Wharton as indicated in article histories. Amendments
noted where applicable.]
[Sec. 4-15 of the Revised General Ordinances]
[Amended 6-23-2008 by Ord. No. O-15-08]
As used in this article, the following terms
shall have the meanings indicated:
Any open, unsealed, resealed or partially refilled container,
can or bottle containing an alcoholic beverage.
[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.
[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.
[Amended 6-23-2008 by Ord. No. O-15-08; 7-13-2020 by Ord. No. O-12-20]
A.Â
The foregoing
provisions shall not apply to:
(1)Â
Those
persons 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 special functions in specific areas
and during specific hours of validity of said permit; and
(2)Â
Customers
of an establishment to which a valid mercantile license for the service
of food on an eat-in or take-out basis is in effect, which customers
are 21 years of age or older and, in accordance with regulations promulgated
by the State Division of Alcoholic Beverage Control, are consuming
wine or beer, when said consumption takes place at tables out-of-doors,
in the Borough right-of-way and/or in other locations provided on
site by said establishment.
B.Â
Nothing
in this section shall be deemed to supersede the provisions of N.J.S.A.
39:4-51a, N.J.S.A. 39:4-51b, or any other statute of the State of
New Jersey.
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.
[Ch. V of the Revised General Ordinances]
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.
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.
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.
All licenses required by this article shall
be issued by the Borough Council, which shall also administer the
provisions of this article.
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.
The annual license fees for a license to sell or distribute alcoholic beverages as described in § 67-11 are fixed as follows:
[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.
A.Â
All licenses issued under the provisions hereof shall
be permanent licenses and shall expire at 12:00 midnight on June 30
of each year.
