[HISTORY: Adopted by the Council of the Borough of Fair Lawn as indicated in article histories. Amendments noted where applicable.]
Article I Licensing and Sale
Article II Alcoholic Beverages in Public Places
[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.
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the act, rules and regulations referred to in § 56-1 and all other applicable laws of the State of New Jersey or the United States.
Issuing authority. All licenses required by this article shall be issued by the Borough Council, which shall also administer the provisions of this article.
License required. No person shall sell or distribute alcoholic beverages within the Borough without obtaining a license in accordance with the Act referred to in § 56-1 and the provisions of this article.
License fees; maximum number. The annual license fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows:
[Amended 3-13-1990 by Ord. No. 1445-90; 3-12-1991 by Ord. No. 1474-91; 5-23-1995 by Ord. No. 1599-95; 4-9-1996 by Ord. No. 1626-96; 4-23-1997 by Ord. No. 1683-97; 3-24-1998 by Ord. No. 1720-98; 4-9-2002 by Ord. No. 1905-2002]
License term. All licenses shall run from July 1 to June 30 following, except those issued during the fiscal year which shall run from the effective date thereof to June 30 following. License fees shall be prorated on a per diem basis, from the effective date of the license to June 30 following.
Club licenses shall be issued only to such corporations, associations and organizations having an active membership of not fewer than 60 persons and who meet the definitions of the Alcoholic Beverage Law and state regulations as to a club.
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.
Hours of sale. No holder of a plenary retail consumption license or of a club license shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery, or allow the consumption of any alcoholic beverage on licensed premises on weekdays between the hours of 3:00 a.m. and 7:00 a.m. except Sundays and New Year's Day as herein provided.
Sundays. The provisions of § 56-7A shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 3:00 a.m. and 9:00 a.m.
New Year's Day. The provisions of § 56-7A shall not apply on January 1. On that day, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 7:00 a.m., and if January 1 is a Sunday, no alcoholic beverages may be sold, served, delivered or consumed in the licensed premises between the hours of 5:00 a.m. and 9:00 a.m.
Package sales: off-premises consumption. No holder of a license for the sale of alcoholic beverages for off-premises consumption shall sell or deliver or allow, permit or suffer the sale or delivery of any alcoholic beverage, at retail, in its original container for consumption off the licensed premises or allow, permit or suffer the removal of any alcoholic beverage, in its original or opened container, from retail licensed premises before 9:00 a.m. or after 10:00 p.m. on any day of the week, except that the sale of malt alcoholic beverages, in the original bottle or can containers, for consumption off the premises, and the sale of wine, in the original bottle or container, for consumption off the premises shall be permitted as allowed by the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control, by administrative regulation or by the Legislature of the State of New Jersey, provided, however, that the hours for the sale of malt or wine alcoholic beverages in their original bottles or containers, for off-premises consumption shall not exceed the hours of sale permitted to plenary retail consumption licensees, by § 56-7A, B and C.
Sales to certain persons. No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any habitual drunkard, intoxicated person or minor, nor permit the consumption of alcoholic beverages on any licensed premises by any of the above named classes or persons, or permit any such persons to congregate in or about the licensed premises.
Distance required. No plenary retail distribution license shall be issued for a premises located within a distance of 1,000 feet of another premises.
Sale for consumption in room to which public not admitted. No alcoholic beverages shall be sold for consumption on the premises in any room to which the public is not freely admitted, except on premises licensed for club purposes.
[Amended 12-19-2006 by Ord. No. 2068-2006]
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.
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).
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.
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).
Possession. No underaged person(s) possess, serve, sell or consume any alcoholic beverages in any public place within the Borough.
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.
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:
In connection with a religious observance, ceremony or rite; or
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
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.
As used in this section, the following terms shall have the meanings indicated:
- A person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
- The underaged person's grandparents, aunt or uncle, sibling, or any other person related by blood or affinity.
Violations and penalties.
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.
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.
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.
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.
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.
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article or any provision of any applicable statute or any of the rules or regulations of the State Director of Alcoholic Beverage Control.
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-31 by a service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for a hearing.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.
Separate toilets for men and women. All premises except those licensed under a plenary retail distribution license shall be furnished, supplied and equipped with separate toilets for men and women, which shall meet with the approval of the Borough department of health.
Disturbances, brawls, unnecessary noise and disorderly conduct. No licensee, his servant, agent or employee shall allow or permit in or upon the licensed premises any disturbance, brawl or unnecessary noise, or suffer or permit the licensed premises to be conducted in a disorderly manner.
Interior of licensed premises shall be open to public view. All premises in which alcoholic beverages are sold or dispensed shall be so arranged that a full view of the interior may be had from a public thoroughfare or from some adjacent room or hallway to which the public is freely admitted, except on premises licensed for club purposes.
[Amended 2-28-1984 by Ord. No. 1293-84]
[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:
- 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.
The Borough Manager is hereby authorized and empowered to issue permits for activities not otherwise violating any ordinance or regulation of the Borough or any statute or regulation of the State of New Jersey or any agency thereof, to permit the possession and consumption of alcoholic beverages on or in any public grounds or public buildings within the Borough upon his determination that the public health and general welfare will not be endangered thereby.
In the event application is made to possess and consume alcoholic beverages at athletic events which are part of league play or in which the applicant will participate during more than one daily event within a calendar year, the Borough Manager is further authorized and empowered to issue one permit covering the possession and consumption of alcoholic beverages at all such events in which the applicant shall participate during said calendar year.
Written application for permits must be made to the Recreation Department at least seven days in advance of the occurrence of the proposed activity and accompanied by a fee therefor of $50.