[Derived from Ch. III, Sec. 3-10, of the
1978 Code]
[Amended 2-12-2004 by Ord. No. 2004-3]
A. No person shall consume any alcoholic beverage:
(1) While in or on a public street, lane or sidewalk,
public parking lot, public or quasi-public place other than a place
licensed to sell alcoholic beverages and dispense alcoholic beverages
for consumption on the premises, or in public conveyance;
(2) In a private motor vehicle or other vehicle; or
(3) While upon any private property not his own without
the express permission of the owner or other person having authority
to grant such permission.
B. A person may consume any alcoholic beverage in a bring
your own bottle licensed restaurant (BYOB) facility. However, the
BYOB facility must follow all applicable state laws as well as all
Fort Lee ordinances regarding the operation of an alcoholic beverage
establishment.
Notwithstanding the provisions in §
130-1, the Borough Council may, by resolution, permit the possession or consumption of alcoholic beverages in a designated public park, street, building or other public place at a designated time or times in connection with a specific event, series of events or observance which has been authorized by the Borough Council.
[Derived from Ch. VI of the 1978 Code]
This article is enacted to regulate the sale
and transportation of alcoholic beverages in the Borough of Fort Lee
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 alcoholic beverages shall be sold, delivered
or served to or consumed in any licensed premises on any day between
the hours of 3:00 a.m. and 8:00 a.m., except Sundays and New Year's
Day each year as hereinafter provided.
Provisions of §
130-6 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 12:00 noon.
Provisions of §
130-6 shall not apply on January 1. On that day alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises from the hours of 5:00 a.m. and 8:00 a.m. unless January 1 is a Sunday, in which case alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 12:00 noon.
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, or 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.
During the hours sales of alcoholic beverages
are hereinabove prohibited, the entire licensed premises shall also
be closed and no person shall be admitted or permitted to remain therein
other than the licensee or his bona fide employees except if any establishment
meets either of the following criteria:
A. The establishment, through annual reports filed by
it with the Police Department of the Borough of Fort Lee, and sworn
to by an officer, partner or proprietor, as applicable, certifies
that 25% or less of the gross revenue for the preceding calendar year
was generated through the sale of alcoholic beverages.
B. The area or areas in which food and nonalcoholic beverages
are served are in a room or rooms separate from any bar, bars or other
areas where alcoholic beverages are dispensed or stored, or such bar,
bars or other areas are secured in such manner as to prohibit access
to entrances, exits, restrooms, kitchen and other facilities for the
preparation and service of food without entering an area or room where
alcoholic beverages are stored in an unsecured manner; and all rooms
or facilities for the storing or dispensing of alcoholic beverages
are secured so as to prohibit access to said alcoholic beverages after
3:00 a.m. and until the permitted opening hour.
[Amended 5-9-2002 by Ord. No. 2002-18]
A. No licensee shall sell or serve any alcoholic beverage
to any person under the age of 21 years.
B. Any person under the legal age to purchase alcoholic
beverages who knowingly possesses or consumes any alcoholic beverage
in or on any school property, public conveyance, public place or place
of public assembly or on private property shall be in violation of
this article. Upon conviction, such underage person shall be subject
to a fine of $250 for a first offense and $350 for any subsequent;
perform community service for a period not to exceed 180 days; at
the discretion of the Court, have a New Jersey driving privilege suspended
or postponed for six months; and, if considered necessary by the Court,
be referred to an alcoholic treatment program at the defendant's expense.
C. This article shall not apply to persons under the
legal age to purchase alcoholic beverages who possess or consume alcoholic
beverages in the presence of and with the permission of a parent or
legal guardian of said person, provided said guardian is of legal
age to purchase alcoholic beverages, or if the alcoholic beverage
is being consumed in any religious observance, ceremony or rite. This
article shall not apply to possession of an alcoholic beverage by
an underage person employed by an alcoholic beverage licensee in the
course of performing employment duties.