[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.
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.
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.
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.
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.
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.
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.
[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.
[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.
[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.
