[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 140.
Food establishments — See Ch. 359.
[Adopted 11-26-1935 (Ch. 48, Art. I, of the 1982 Code)]
This article is for the purpose of fixing license fees and regulating the sale of alcoholic beverages in the Borough of Swedesboro, County of Gloucester and State of New Jersey, in accordance with the provisions of 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 Commissioner of Alcoholic Beverage Control applicable hereto and in accordance with the rules and regulations existing herein or hereafter adopted by competent municipal authority not inconsistent with said Act or said rules and regulations of said State Commissioner.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 2-8-1949; 3-3-1953; 2-15-1982]
The Mayor and Council of the Borough of Swedesboro shall limit the classes of licenses, as defined in § 80-6 of this article, in number as follows:
A. 
Plenary retail consumption license: two.
B. 
Plenary retail distribution license: one.
C. 
Club license: The Borough Council may grant such number of club licenses as it may decide upon proper application therefor.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be unlawful to sell or distribute alcoholic beverages otherwise than as provided in this article and/or said Act.
The Mayor and Council of the Borough of Swedesboro, in the County of Gloucester, shall constitute the authority for the administration of the issuance of licenses hereunder; provided, however, that no licenses shall be granted unless it shall appear that a majority of the whole Council shall vote to issue the same.
All licenses issued hereunder shall be issued for the term of one year from the first day of July in each year and shall be subject to and controlled by the provisions of this article and the provisions N.J.S.A. 33:1-1 et seq. and to such rules and regulations as the State Commissioner of Alcoholic Beverage Control has now established or may hereafter promulgate, as well as such other reasonable regulations as the Borough Council of the Borough of Swedesboro may hereafter establish.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 5-28-1946; 6-26-1950; 6-3-1952; 3-1-1954; 12-28-1970; 11-2-1981; 2-15-1982; 3-21-2005[1]]
A. 
Plenary retail consumption license. The holder of this license shall be entitled, subject to all rules and regulations governing the same, to sell for consumption in licensed premises any alcoholic beverages by the glass or other receptacle and also to sell all alcoholic beverages in original containers for consumption off the licensed premises. The annual fee shall be as set forth in Chapter 140, Fees.
B. 
Plenary retail distribution license. The holder of this license shall be entitled, subject to all rules and regulations governing the same, to sell for consumption any alcoholic beverages for consumption off the licensed premises, but only in original containers. The fees shall be as set forth in Chapter 140, Fees.
C. 
Club license. The holder of this license shall be entitled, subject to all rules and regulations governing the same, to sell only to bona fide club members and their guests alcoholic beverages for immediate consumption on the licensed premises only. The annual fee for this license shall be as set forth in Chapter 140, Fees.
D. 
Limited retail distribution license. No limited retail distribution license shall be granted within the Borough of Swedesboro.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 2-15-1982[1]]
No alcoholic beverages shall be sold, served or delivered to any person under the age of 21 years, nor shall there be any sale or delivery of any such beverage to any person wearing a uniform of the Fire or Police Department of this Borough.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 1-21-1963; 12-28-1970; 5-7-1979]
A. 
Hours designated.
[Amended 11-5-1979; 9-2-1980; 11-2-1981]
(1) 
Weekdays and Sundays.
(a) 
Weekdays. Holders of plenary retail consumption licenses and club licenses may sell, serve, deliver and permit the consumption of alcoholic beverages by the glass or other receptacle on Mondays through Saturdays between the hours of 7:00 a.m. until 2:00 a.m. the following day.
(b) 
Sundays. Holders of plenary retail consumption licenses and club licenses may sell, serve, deliver and permit the consumption of alcoholic beverages by the glass or other receptacle on Sunday between the hours of 12:00 noon and 12:00 midnight.
(2) 
Package sales, off-premises consumption. No holder of a license for the sale of alcoholic beverages for off-premises consumption shall sell or deliver, or allow, permit or suffer the sale or delivery of, any alcoholic beverage, at retail, in its original container for consumption off the licensed premises or allow, permit or suffer the removal of any alcoholic beverage, in its original or opened container, from retail licensed premises before the hour of 9:00 a.m. or after 10:00 p.m., except that the sale of malt alcoholic beverages, in the original bottle or can containers, for consumption off the premises, and the sale of wine, in the original bottle or container, for consumption off the premises shall be permitted as allowed by the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control, by administrative regulation or by the Legislature of the State of New Jersey; provided, however, that the hours for the sale of malt or wine alcoholic beverages in their original bottles or containers for off-premises consumption shall not exceed the hours of sale permitted to plenary retail consumption licensees by Subsection A(1) above.[1]
[1]
Editor's Note: Former Subsection B, amended 9-2-1980 and 7-20-1981, which regulated retail package sale hours, was repealed 11-2-1981. For current provisions see Subsection A(2) of this section.
B. 
The times mentioned shall be construed to mean the standard time of the State of New Jersey as established and defined by N.J.S.A. 1:1-2.3 (P.L. 1955, c. 47).[2]
[2]
Editor's Note: Original § 48-9, Certain sale or service of alcoholic beverages prohibited; § 48-10, Regulations concerning licensee and use of licensed premises; § 48-11, License required; purchases of illicit beverages prohibited; exceptions; and § 48-12, Inspections of licensed premises, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
All buildings for which such licenses are issued shall have an entrance upon a public thoroughfare of the Borough of Swedesboro.
[Amended 2-15-1982]
A. 
Any person who shall sell or distribute any alcoholic beverage without having complied with or in violation of any of the provisions of this article shall, upon conviction thereof, be subject to a fine of not more than $500 or to imprisonment for not more than 90 days, or to both said fine and imprisonment, in the discretion of the Judge before whom such person is convicted.
B. 
Any license issued pursuant to this article may be suspended or revoked for violation of any of the provisions of this article or for violation of any of the provisions of N.J.S.A. 33:1-1 et seq., or its amendments and supplements, or of any of the rules and regulations promulgated by the State Commissioner of Alcoholic Beverage Control.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 7-7-1980 (Ch. 48, Art. II, of the 1982 Code)]
No person shall consume any alcoholic beverage within the limits of the Borough of Swedesboro or have in his possession any open alcoholic beverage container or any container with unconsumed alcoholic beverage while:
A. 
In or on a public street, lane, roadway, avenue, sidewalk, public parking place, playground, recreation area, school buildings or grounds or any other public or quasi-public place or in any public conveyance.
B. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection B, regarding possession and consumption in private vehicles, was repealed 11-7-2016 by Ord. No. 14-2016.
C. 
Upon any private property not his own without the permission of the owner or other person having authority to grant such permission.
No person shall discard any alcoholic beverage container upon any public street, lane, sidewalk, public parking lot or upon any private property not his own without the permission of the owner.
A. 
Notwithstanding the provisions of §§ 80-11 and 80-12 of this article, the Borough of Swedesboro may, by resolution, permit the possession or consumption of alcoholic beverages in a designated park at a designated time or times in connection with a specific event, series of events or observances which have been authorized by the governing body.
B. 
Notwithstanding the provisions of §§ 80-11 and 80-12 of this article, the Borough of Swedesboro may by yearly resolution permit the possession or consumption of alcoholic beverages in designated areas at designated time or times in connection with restaurants in the Borough of Swedesboro licensed for the consumption of alcoholic beverages. Said designated areas and designated times shall be set forth in the resolution approving the possession or consumption of alcoholic beverages.
[Added 5-7-2007 by Ord. No. 17-2007]
Any person who shall violate any of the terms or provisions of this article or who shall commit or do any act or thing prohibited in this article shall, upon conviction thereof before the Municipal Court, be imprisoned in the county jail for a term not exceeding 90 days or shall forfeit and pay a fine not exceeding $500, or both.