[HISTORY: Adopted by the Mayor and Board
of Aldermen of the Town of Dover 7-27-1970 as Art. 3 of the 1969 Revised Ordinances.
Amendments noted where applicable.]
The number of plenary retail consumption licenses
issued and outstanding in the Town of Dover, at the same time, shall
not exceed 24.
A.
The number of plenary retail distribution licenses
issued and outstanding in the Town of Dover, at the same time, shall
not exceed five.
[Amended 5-28-1996 by Ord. No. 19-1996]
B.
This limitation shall not prevent the issuance of
renewals of plenary retail consumption or plenary retail distribution
licenses to persons holding such licenses at the time this regulation
was adopted; and further provided that this limitation shall not prevent
the transfer of licenses, or the renewal thereof, according to law.
No new plenary retail consumption or plenary retail distribution licenses
shall be issued to anyone not holding such license at the time this
regulation was adopted, until the number outstanding shall be reduced
by surrender, revocation or nonrenewal, to less than 20 plenary retail
consumption licenses or five plenary retail distribution licenses.
The limitations provided in this chapter shall
not prevent the issuance of a plenary retail consumption license to
a bona fide hotel.
[Amended 8-8-1977; 10-26-1982 by Ord. No. 25-1982]
A.
No licensee privileged to sell alcoholic beverages
for consumption on the licensed premises shall allow, permit or suffer
the sale for consumption of alcoholic beverages, or allow the consumption
of alcoholic beverages, on licensed premises, on Saturdays and weekdays
between the hours of 2:00 a.m. and 7:00 a.m. and on Sundays between
the hours of 2:00 a.m. and 10:00 a.m., excepting, however, Christmas
Day and New Year's Day each year as hereinafter provided.
[Amended 11-22-1994 by Ord. No. 37-1994]
B.
No licensee privileged to sell alcoholic beverages
for consumption on the licensed premises shall allow, permit or suffer
the sale for consumption of alcoholic beverages, or allow the consumption
of alcoholic beverages, on licensed premises, on Christmas day between
the hour of 3:00 a.m. and the hour above designated for weekdays and
Sundays respectively, and on New Year's Day between the hour of 5:00
a.m. and the hour above designated for weekdays and Sundays respectively,
when said sale for consumption, or consumption, may be resumed.
For the purpose of this chapter, the hours aforesaid
shall be in accordance with Eastern standard time or Eastern daylight
saving time, whichever time system is officially being employed in
the Town of Dover.
It shall be unlawful for a minor to enter any
premises licensed for the retail sale of alcoholic beverages for the
purpose of purchasing, or having served or delivered to him or her,
any alcoholic beverages.
It shall be unlawful for a minor to consume
any alcoholic beverage on premises licensed for the retail sale of
alcoholic beverages or to purchase, attempt to purchase or have another
person purchase for him or her any alcoholic beverage.
It shall be unlawful for a person to misrepresent
or misstate his or her age or the age of any other person for the
purpose of inducing any retail licensee, or an employee of a retail
licensee, to sell, serve or deliver any alcoholic beverages to a minor.
A parent or guardian of any minor charged with
a violation of any of the provisions of this chapter shall be required
to attend the hearing of the complaint. For the purpose of compelling
such attendance, the Judge of the Municipal Court of the Town of Dover
is hereby authorized and directed to cause a parent or guardian of
a minor to attend the hearing by issuing appropriate subpoenas to
compel such attendance. It shall be sufficient compliance with the
provisions hereof if one of the parents or one of the guardians attend
the hearing pursuant hereto.
[Added 9-11-1972]
A.
DRINKING
PUBLIC PLACE
As used in this section, the following terms shall
have the meanings indicated:
Consuming or holding an open or partly consumed container
of alcoholic beverage of any nature or having in one's possession
an open or partly consumed container of alcoholic beverage of any
nature.
Any place to which the public has access and shall include
any street, highway, road, alley or sidewalk. It shall also include
the front or the neighborhood of any store, shop, restaurant, tavern
or other place of business and public grounds, areas, parks, as well
as parking lots or other vacant private property not owned by or under
the control of the person charged with violating this chapter.
B.
Certain types of drinking prohibited. No person shall
drink in a public place without a duly authorized permit from the
Mayor and Board of Aldermen.
C.
This section shall not apply to an owner of private
property and his guests or to a business holding a valid retail plenary
alcoholic beverage consumption license.
[Added 2-13-1979 by Ord. No. 2-1979;
amended 3-10-1981 by Ord. No. 4-1981; 12-27-1983 by Ord. No. 36-1983; 12-10-1984 by Ord. No. 20-1984; 11-26-1991 by Ord. No. 36-1991; 7-14-1992 by Ord. No. 15-1992; 10-25-1994 by Ord. No. 35-1994; 5-12-1998 by Ord. No. 19-1998; 5-11-2004 by Ord. No. 14-2004; 5-8-2012 by Ord. No. 7-2012; 5-22-2018 by Ord. No. 08-2018]
The Town of Dover shall charge the following
renewal fees for alcoholic beverage licenses on an annual basis, as
follows:
[Amended 5-28-1996 by Ord. No. 19-1996; 4-9-2002 by Ord. No. 11-2002]
Except as may be provided in N.J.S.A. 33:1-1
et seq., a violation of this chapter shall be punishable by one or
more of the following: a fine not exceeding $1,250, a term of imprisonment
not exceeding 90 days or a period of community service not exceeding
90 days.
