[Adopted 9-14-1981 by Ord. No. 293]
T is for the purpose of fixing license fees and regulating the sale of alcoholic beverages in the Township of Boonton, County of Morris, in accordance with provisions of N.J.S.A. 33:1-40 et seq., as amended and supplemented, and in accordance with the rules and regulations promulgated or to be promulgated by the State Division of Alcoholic Beverage Control applicable hereto and in accordance with the rules and regulations herein or hereafter adopted by competent municipal authority not inconsistent with said Act or said rules and regulations of said State Division of Alcoholic Beverage Control, N.J.A.C. 13:2-38.1 et seq.
It shall be unlawful to sell or distribute alcoholic beverages otherwise than as provided in t.
The Township Committee of the Township of Boonton, County of Morris, being the governing body of said municipality, shall constitute the authority for the administration of the issuance of licenses hereunder.
[Amended 7-12-1982 by Ord. No. 301; 6-27-1983 by Ord. No. 309; 6-25-1984 by Ord. No. 322; 6-24-1985 by Ord. No. 336; 6-23-1986 by Ord. No. 356; 6-22-1987 by Ord. No. 374; 3-13-2006 by Ord. No. 716]
A. 
Plenary retail consumption license fees shall be as set forth in Chapter 82, Fees.
B. 
Plenary retail distribution license fees shall be as set forth in Chapter 82, Fees.
No more than one plenary retail consumption license and one plenary retail distribution license shall be in effect in this municipality at any time.
A. 
On-premises consumption. No alcoholic beverages shall be sold, served or delivered, nor shall any holder of a plenary retail consumption license suffer or permit the sale, service or delivery of any alcoholic beverage, directly or indirectly, upon the licensed premises, between the hours of 2:00 a.m. and 8:00 a.m., prevailing time.
B. 
Retail distribution. No alcoholic beverages, other than malt alcoholic beverages and wines, when sold by the holder of a plenary retail consumption license during the hours authorized in Subsection A, shall be sold in original containers for off-premises consumption before 9:00 a.m. or after 10:00 p.m., prevailing time, Monday through Saturday, or before 12:00 noon or after 10:00 p.m., prevailing time, on Sunday.
No plenary retail distribution license shall be issued to permit the sale of alcoholic beverages in or upon any premises in which any other mercantile business is carried on; provided, however, that this shall not prohibit a plenary retail distribution licensee from selling at retail, as an accommodation to customers, cigars, cigarettes, tobacco, peanuts, pretzels, popcorn, other similar snack items, mixers, bitters, sodas, cocktail cherries, olives, onions, ice cubes and such other items as are customarily and commonly considered as accessory items to alcoholic beverages.
No license shall be issued for any premises not having floor space of at least 400 square feet, not including bulk storage areas.
No licensee shall sell, serve or deliver, nor shall any licensee suffer or permit the sale, service or delivery, of an alcoholic beverage, directly or indirectly, to any mental defective, habitual drunkard or intoxicated person, nor permit the same to congregate in or about the licensed premises.
No person shall be served in any room which is not open to the use of the public generally, except that, in hotels, guests may be served in their rooms or in private dining rooms during hours prescribed for the sale of alcoholic beverages.
All premises in which alcoholic beverages are sold or dispensed, except guest rooms and private dining rooms in hotels, shall be so arranged that a full view of the interior may be had from the public thoroughfare or from adjacent rooms to which the public is freely admitted. All such premises shall be lighted sufficiently so that a full view of the interior thereof may be had at all hours from the public thoroughfare or from adjacent rooms to which the public is freely admitted.
A. 
Unless otherwise provided by Title 33 of the New Jersey Statutes Annotated, 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 be subject, upon conviction, to the penalties provided in § 1-15 of this Code.
[Amended 5-8-1989 by Ord. No. 405; 4-9-2007 by Ord. No. 739]
B. 
Any license issued pursuant to this article may be suspended or revoked for violation of any of the provisions thereof or for the violation of any of the provisions of said Act or any of the rules and regulations promulgated by the State Division of Alcoholic Beverage Control.
C. 
Any person who shall, after conviction of any offense under this article, be convicted of a subsequent offense under this article, such subsequent offense shall be punishable by a fine or imprisonment, the maximum limits of which shall be twice the limits otherwise by this article imposed, or by both such fine and imprisonment, in the discretion of the Court.