[Adopted 7-27-1982 as Ch.
VI of the 1981 Revised General Ordinances]
This article is enacted to regulate the sale and transportation of alcoholic
beverages in the Borough of Fair Lawn 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.
For the purpose of this article, words and phrases herein shall have
the same meanings as in N.J.S.A. 33:1-1 et seq., and the rules and regulations
of the Director of the Division of Alcoholic Beverage Control.
No more than one retail license shall be granted to any person, firm,
corporation or association.
Existing licenses issued for restaurants shall continue as heretofore.
[Amended 12-19-2006 by Ord. No. 2068-2006]
A. Presence. No underaged person(s) shall be allowed in
any premises where alcoholic beverages are sold or served for consumption
on the premises unless accompanied by his parent or guardian.
B. Purchase of alcoholic beverages by an underaged person(s).
No person shall purchase or attempt to purchase alcoholic beverages for an
underaged person(s). It shall be unlawful for any person to induce or attempt
to induce any licensee or any employee of a licensee to sell, serve or deliver
alcoholic beverages to an underaged person(s).
C. Misstating age. No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages or to permit a person under the legal age for purchasing alcoholic beverages to remain on any premises in violation of Subsection
A.
D. Presumption. Any parent or guardian of an underaged person(s)
who accompanies such underaged person(s) into a premises in which alcoholic
beverages are served and who permits the underaged person(s) to possess or
consume alcoholic beverages shall be presumed to have misrepresented the age
of the underaged person(s).
E. Possession. No underaged person(s) possess, serve, sell
or consume any alcoholic beverages in any public place within the Borough.
F. It shall be unlawful for any person under the legal age
to, without legal authority as hereinafter defined, knowingly possess or knowingly
consume an alcoholic beverage on private property.
(1) A person under the legal age shall be deemed to possess
or consume an alcoholic beverage without legal authority if said possession
or consumption is not in connection with any of the following:
(a) In connection with a religious observance, ceremony or
rite; or
(b) 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; or
(c) By any such person while actually engaged in the performance
of employment by a person licensed under Title 33 (the Alcoholic Beverage
Control Law) or while actively engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a county vocational or post-secondary
educational institution.
(2) As used in this section, the following terms shall have
the meanings indicated:
GUARDIAN
A person who has qualified as a guardian of the underaged person
pursuant to testamentary or court appointment.
RELATIVE
The underaged person's grandparents, aunt or uncle, sibling,
or any other person related by blood or affinity.
G. Violations and penalties.
(1) A violation of this section shall be punishable by a
fine of $250 for the first offense, and $350 for any subsequent offense. In
addition to any 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 and the 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 day and last day of the suspension or postponement period
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.
(a) 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.
(b) 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.
(c) If the person convicted under this section 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 notcollect
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.
(2) In addition to the general penalty prescribed in Subsection
G(1) hereof, the court may require any person convicted under this section to participate in an alcohol education or treatment program authorized by the Department of Health at the defendants' expense and/or to engage in a period of community service not exceeding 90 days, in the discretion of the judge imposing the sentence.
[Amended 2-28-1984 by Ord.
No. 1293-84]
Any person or business entity, as the case may be, violating any of the provisions of this article shall, upon conviction thereof, be liable to the penalty stated in Chapter
1, General Provisions, Article
III.
[Adopted 7-27-1982 as Sec.
3-4 of the 1981 Revised General Ordinances]
As used in this article, the following terms shall have the meanings
indicated:
PERMIT
A written license issued by or under the authority of the Borough
Manager.
PUBLIC BUILDINGS
Any structures located within the Borough and owned by the Borough
or the Board of Education of the Borough.
PUBLIC GROUNDS
Any park, playground, public pool, public walks or other open areas
owned by the Borough or the Board of Education of the Borough.
No person without a permit shall possess or consume alcoholic beverages
on or in any public grounds or public buildings within the Borough.