[HISTORY: Adopted by the Mayor and Council of the Borough of South Plainfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks — See Ch. 317.
Peace and good order — See Ch. 322.
[Adopted 10-13-1964 as Art. 1 of Ch. 2 of the 1964 Code (Ch. 67 of the 1982 Code)]
[Amended 2-1-2010 by Ord. No. 1873]
This chapter is for the purpose of fixing license fees and regulating the sale of alcoholic beverages in the Borough of South Plainfield, County of Middlesex, in accordance with N.J.S.A. 33:1-1 et seq., as amended and supplemented, and in accordance with the rules and regulations promulgated or to be promulgated by the State Director of Alcoholic Beverage Control applicable hereto and in accordance with the rules and regulations existing herein or hereafter adopted by municipal authority not inconsistent with said Act or said rules and regulations of said State Director.
[Last amended 2-1-2010 by Ord. No. 1874]
License fees shall be as follows:
Type of License
Fee
Plenary retail consumption license
$2,500
Plenary retail distribution license
$2,275
Club license
$188
Not more than 14 plenary retail consumption licenses shall be issued and outstanding in the Borough of South Plainfield. Not more than three plenary retail distribution licenses shall be issued and outstanding in the Borough of South Plainfield.
No license shall be granted to any applicant unless said applicant, or in the case of a corporation, each officer and stockholder, is a person of good moral character.
No person, firm, corporation, association or partnership shall directly or indirectly hold more than one license at the same time in the Borough of South Plainfield.
[Added 3-10-1975]
A. 
No plenary retail distribution license nor plenary retail consumption license shall be issued, nor shall any plenary retail distribution license nor plenary retail consumption license be transferred, to different premises within 2,000 feet of any other licensed establishment as aforesaid; provided, however, nothing herein shall prevent removal or transfer to another licensee of licenses heretofore issued for use on the same premises on which the license is presently in operation.
B. 
Notwithstanding the foregoing provision, the Mayor and Council of the Borough of South Plainfield may, after hearing and upon review of the location and availability of other licensed establishments to persons living in and utilizing the facilities located in and around the proposed location and of general neighborhood characteristics and boundaries, determine that approval of the transfer shall not result in an undue crowding and concentration of licensed establishments, shall render a convenience and service to an extent not otherwise available to persons in the area of the proposed location and shall be consonant with and an asset to the neighborhood, and upon making findings substantiating the foregoing, may waive the application of the foregoing restriction and approve the transfer.
C. 
The two-thousand-foot requirement as provided herein shall be measured radially in all directions from the main entranceway of the new proposed location of the licensed establishment seeking a transfer to the main entranceway of existing licensed premises.
[Amended 3-10-1975; 6-8-1981]
A. 
No plenary retail consumption licensee and no club licensee shall serve, sell or deliver, or allow, permit or suffer the sale, service or delivery of, any alcoholic beverage, or allow, permit or suffer the consumption of any alcoholic beverages on the licensed premises on New Year's Day, when it is a weekday, between the hours of 5:00 a.m. and 7:00 a.m.; on New Year's Day, when it is a Sunday, between the hours of 5:00 a.m. and 12:00 noon; and other days between the hours of 2:00 a.m. and 7:00 a.m.
B. 
No licensee shall sell or deliver, or allow, permit or suffer the sale or delivery of, any distilled spirits in its original container for consumption off the licensed premises before 9:00 a.m. or after 10:00 p.m. on any day of the week.
C. 
During the hours when the sale of alcoholic beverages is prohibited, the entire licensed premises shall also be closed to the public, except for bona fide hotels, motels or restaurants as defined in N.J.S.A. 33:1-lt.[1]
[1]
Editor's Note: Original § 67-8, Certain sale or service prohibited, as amended, and original § 67-9, Purchases for persons under age, as amended, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The applicant shall specify in his application all rooms and areas wherein alcoholic beverages may be served, and no alcoholic beverages shall be served in any area or room not included in the application as part of the licensed premises.[1]
[1]
Editor's Note: Original § 67-11, Unlawful acts, as amended, and original § 67-12, Certain persons excluded from licensed premises, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No licensee shall allow, permit or suffer in or upon the licensed premises any disturbances, lewdness, immoral activities, brawls or unnecessary noises, or allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance.[1]
[1]
Editor's Note: Original § 67-14, Gambling prohibited, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Any license issued pursuant to this chapter may be suspended or revoked for violation of any of the provisions of this chapter or for violation of any of the provisions of the said Alcoholic Beverage Control Act or of any of the rules and regulations promulgated or to be promulgated by the State Director of Alcoholic Beverage Control.
B. 
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof in the Municipal Court of the Borough of South Plainfield, be punished by a fine not exceeding $2,000, imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, in the discretion of the Court; and each day such violation shall be continued shall be deemed and taken to be a separate and distinct offense.
[Amended 5-9-1983 by Ord. No. 952[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 5-10-2001 by Ord. No. 1567]
The purpose of this article is to provide for the enforcement of P.L. 2000, c. 33.[1]
[1]
Editor's Note: See N.J.S.A. 40:48-1.2.
As used in this article, the following terms shall have the meanings indicated:
GUARDIAN
A person who has qualified as a guardian of the underage person pursuant to testamentary or court appointment.
RELATIVE
The underage person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.
A. 
Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage on private property shall be punished by a fine of $250 for the first offense and $350 for any subsequent offense. The court may, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privilege of the defendant.
B. 
Upon the conviction of any person and the suspension or postponement of that persons driver's license, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
C. 
If a person at the time of the imposition of a sentence has a valid driver's license issued by the state, the court shall immediately collect the license and forward it to the Division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color and sex of the person, as well as the first and last date of the license suspension period imposed by the court.
D. 
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge, in writing, the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
E. 
The Court shall, of any person convicted under this section who is not a New Jersey resident, suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Division the required report. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
A. 
This article does not prohibit an underage person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony, or rite or consuming or possessing 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.
B. 
This article does not prohibit possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution; however, this section shall not be construed to preclude the imposition of a penalty under this article, N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.