Borough of Alpine, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Alpine as Ch. VIII (Ord. No. 92) of the 1970 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Food establishments — See Ch. 123.

§ 65-1 Purpose.

This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Alpine 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.

§ 65-2 Licenses.

A. 
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the acts, rules and regulations referred to in § 65-1 and all other applicable laws of the State of New Jersey or of the United States.
B. 
Issuing authority. All licenses required by this chapter shall be issued by the Borough Council, which shall also administer the provisions of this chapter.
C. 
License required. No person shall sell or distribute alcoholic beverages within the Borough without having obtained a license in accordance with the Act referred to in § 65-1 and the provisions of this chapter.

§ 65-3 Fees.

A. 
Plenary retail consumption license. The annual fee for retail consumption licenses for the sale of alcoholic beverages in the Borough shall be $1,519.
[Last amended 5-26-2004 by Ord. No. 635]
B. 
Club licenses. The fee for club licenses for the sale of alcoholic beverages in the Borough shall be $150.
[Amended by Ord. No. 259; Ord. No. 277; Ord. No. 284; Ord. No. 294]
C. 
Licenses authorized. There shall be no licenses in effect in the Borough other than one, and only one, plenary retail consumption license and club licenses.

§ 65-4 Regulation of licenses.

A. 
Hours of sale. No alcoholic beverages shall be sold, served, consumed or delivered in any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m., except on New Year's Day, as hereinafter provided.
[Amended by Ord. No. 198]
B. 
New Year's Day. The provisions of Subsection A shall not apply on January 1 when that day falls on a weekday. On that day no alcoholic beverages may be sold, served, consumed or delivered in any licensed premises between the hours of 5:00 a.m. and 8:00 a.m.
[Amended by Ord. No. 198]
C. 
Sunday. The provisions of Subsection A shall not apply on the first day of the week, commonly known as "Sunday." On that day no alcoholic beverages may be sold, served, consumed or delivered in any licensed premises between the hours of 2:00 a.m. and 12:00 noon.
[Amended by Ord. No. 198]
D. 
Election day. No licensee shall sell or offer for sale at retail or deliver to any consumer any alcoholic beverages during a general municipal, primary or special election while the polls are open for voting.

§ 65-5 Minors.

A. 
Presence. No minor shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises, unless accompanied by his/her parent or guardian.
B. 
Misstating age. No person shall misrepresent his/her age or the age of another person for the purpose of inducing any licensee or his/her employee to sell, serve or deliver any alcoholic beverage to a person under the legal age or to permit a person under the legal age to remain on any premises in violation of Subsection A.
C. 
Presumption. Any parent or guardian of a minor who accompanied such a minor into a 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 the minor.
D. 
Possession. No minor shall possess, serve, sell or consume any alcoholic beverages in any public place within the Borough.

§ 65-6 Sale to certain persons.

No licensee or employee of the licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to a habitual drunkard or to an apparently or actually intoxicated person or minor, nor permit the consumption of alcoholic beverages on any licensed premises by any of the above-named classes of persons, or permit any such persons to congregate in or about the licensed premises.

§ 65-7 Revocation of license.

[Amended] by Ord. No. 465]
A. 
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter, 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 chapter.

§ 65-8 Consumption or possession by persons under legal age.

[Added 4-24-2002 by Ord. No. 599; amended 8-22-2012 by Ord. No. 732]
A. 
No person shall offer or serve any alcoholic beverage to a person under legal age in any public or quasipublic place within the Borough of Alpine. No person who has ownership or control of any premises, whether public or quasipublic, or supervision of any event, shall permit, suffer or allow the consumption of an alcoholic beverage by a person under the legal age in or upon any such premises or at any such event within the Borough of Alpine.
B. 
It is unlawful for any person under the legal age to consume alcohol and to, without legal authority, knowingly possess, constructively possess or knowingly consume an alcoholic beverage on private property. "Constructive possession" of alcohol shall be defined as a person who does not physically possess alcohol but is aware of its presence and is in a position in which he or she has the ability to exercise dominion or control of the alcohol.
C. 
The prohibition contained in this Subsection B shall not prohibit an underaged 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.
D. 
As used in this section, "guardian" means a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment. "Relative" means the underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
E. 
Nothing contained in this § 65-8 shall prohibit possession of alcoholic beverages by any such underaged person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes of the State of New Jersey; however, nothing in this section shall be construed to preclude the imposition of a penalty under this 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.

§ 65-9 Violations and penalties for consumption by persons under age.

[Added 4-24-2002 by Ord. No. 599]
A. 
Any violation of § 65-8 shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense.
B. 
In addition to the fine authorized for this offense, the court may suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person, any suspension or postponement of that person's 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 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 a 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 this 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. 
If the person convicted under such an ordinance is not a New Jersey resident, the court shall 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.