Town of Clinton, NJ Chapter 32 Alcoholic Beverages

[HISTORY: Adopted by the Mayor and Council of the Town of Clinton as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Consumption of alcoholic beverages on premises where amusement games are conducted — See Ch. 35, § 35-5.

Alcoholic beverage license fees — See Ch. 73.

Consumption of alcoholic beverages in public areas — See Ch. 108.

Article I Licensing and Regulation

[Adopted 12-14-1971 as Ch. VIII of the Revised General Ordinances, 1971]

§ 32-1 Purpose.

This article is enacted to regulate the sale and transportation of alcoholic beverages in the Town of Clinton 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.

§ 32-2 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.

§ 32-3 Licenses.

A. 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 § 32-1 and all other applicable laws of the State of New Jersey or the United States.

B. Issuing authority. All licenses required by this article shall be issued by the Town Council, which shall also administer the provisions of this article.

C. License required. No person shall sell or distribute alcoholic beverages within the town without having obtained a license in accordance with the Act referred to in § 32-1 and the provisions of this article.

D. License fees; maximum number.

(1) The annual license fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the town shall be as provided in Chapter 73, Fees.

[Amended 9-25-1973; 3-26-1985 by Ord. No. 85-4]

(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.

(3) In addition to plenary retail consumption licenses as heretofore described and without regard to whatever limitation there may be as to the number of plenary retail consumption licenses permitted by law at any one time, additional plenary retail consumption licenses may be approved from time to time by the Mayor and Council, upon recommendation thereof, containing at least 100 guest sleeping rooms. Such license shall continue during the license year and renewal thereof upon the condition that, in addition to any other requirements, the premises for which such license is issued shall continue to be operated as a hotel or motel containing at least 100 guest sleeping rooms and that any such license shall not be transferred to any other premises which is not operated as a hotel or motel containing at least 100 guest sleeping rooms.

[Added 7-9-1985 by Ord. No. 85-15]

(4) Auction method for awarding a plenary retail consumption liquor license for a hotel or motel containing at least 100 guest sleeping rooms.

[Added 5-9-2006 by Ord. No. 06-07[1]]

(a) When the Town Council shall decide, in its discretion, to award an available liquor license to a hotel or motel containing at least 100 guest sleeping rooms, it shall sell the license at auction in accordance with the provisions of Title 33 of the New Jersey Statues and the regulations of the New Jersey Division of Alcoholic Beverage Control.

(b) The Council may set a minimum bid amount and shall reserve the right to reject all bids.

(c) All bidders shall prequalify in the manner specified by the Council. In addition to whatever requirements the Council shall impose, the prospective bidders, as part of the prequalification process, shall submit proof of financial ability to undertake the purchase of the license and the contemplated project; information regarding the type, size and special features of the contemplated licensed premises; and records of past alcoholic beverage control violations involving the prospective bidder or the bidder’s principals, i.e., owners of more than a ten-percent equity or debt interest. Furthermore, prospective bidders are required to fulfill any and all requirements of the Town of Clinton Police Department and shall supply any and all information requested by the Town of Clinton Police Department as part of the Town’s prequalification process. Failure to do so may, at the discretion of the Town, result in a prospective bidder being found unqualified to bid.

(d) The notice of sale issued shall specify the time and place at which bids shall be received and opened and that all prospective bidders shall be notified of qualification five days prior to the bid opening.

(e) The notice shall further specify the time, place and manner in which the prequalification and bid applications may be obtained and the date on which they are to be submitted.

(f) In the event that Title 33 is modified or amended in such a way as to impact these provisions, the state statute and administrative regulations shall control where inconsistent with local ordinance.

[1] Editor's Note: This ordinance also provided: "any provisions of § 32-3D inconsistent herewith are repealed."

§ 32-4 Regulation of hours and sales.

[Amended 12-12-1989 by Ord. No. 89-11]

A. Hours of sale. No alcoholic beverages shall be sold, delivered or served to any consumer or consumed in any licensed premises on any day between the hours of 2:00 a.m. to 7:00 a.m.

B. [1]New Year's Day. Provisions of Subsection A shall not apply on January 1. On that day no alcoholic beverages may be sold, served, delivered to any consumer or consumed in the licensed premises between the hours of 5:00 a.m. and 7:00 a.m., unless January 1 is a Sunday, in which case no alcoholic beverages may be sold, served, delivered to any consumer or consumed in the licensed premises between the hours of 5:00 a.m. and 12:00 noon nor between 10:00 p.m. of such Sunday and 7:00 a.m. of the following morning.

[1] Editor's Note: Former Subsection B, regarding Sunday sales, was repealed 12-12-1989 by Ord. No. 89-11, which also provided for the renumbering of former Subsection C to Subsection B.

§ 32-5 Minors.

[Amended 3-26-1985 by Ord. No. 85-4]

A. Presence. No person under the legal age for purchasing alcoholic beverages shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by his parent or guardian.

B. Purchase of alcoholic beverages by a minor. No person under the legal age for purchasing alcoholic beverages shall purchase, attempt to purchase or have another purchase for him any alcoholic beverage on any premises licensed for the sale of alcoholic beverages.

C. Purchase of alcoholic beverages for a minor. No person shall purchase or attempt to purchase alcoholic beverages for another person who does not because of his age have the right to purchase and consume alcoholic beverages. It shall be unlawful for any person to induce or attempt to induce any licensee or any employee of a licensee to sell, serve or deliver alcoholic beverages to such a minor.

D. Misstating age. No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages or to permit a person under such age to remain on any premises in violation of Subsection A.

E. Presumption. Any parent or guardian of a person under the legal age for purchasing alcoholic beverages who accompanies such minor into premises in which alcoholic beverages are served and who permits the minor to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of such minor.

§ 32-6 Revocation of licenses.

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 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 article.

Article II Prohibited Consumption

[Adopted 9-23-1975]

§ 32-7 Prohibition of public consumption.

[Amended 12-14-2004 by Ord. No. 04-12]

No person shall:

A. Consume or offer to another for consumption alcoholic beverages in, on or upon any public street, road, alley, sidewalk, park or playground, or in, on or upon any land owned or occupied by any federal, state, county or municipal government.

B. Have in his possession or possess any alcoholic beverages in, on or upon any public street, road, alley, sidewalk, park or playground, or in, on or upon any land owned or occupied by any federal, state, county or municipal government, unless the same is contained within a closed or sealed container.

C. None of the foregoing provisions shall apply to any public park or public picnic area where the consumption of alcoholic beverages at occasions or events held by bona fide nonprofit organizations or other groups is specifically permitted by resolution of the Mayor and Council.