[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Gibbsboro as indicated in article histories. Amendments noted where applicable.]
[Adopted as Chapter VII of the Revised General Ordinances (Ch. 49, Art. I, of the 1982 Code)]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Gibbsboro 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.
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 § 88-1 and all other applicable laws of the State of New Jersey or of 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.
[Amended 4-25-1972 by Ord. No. 72-1; 6-16-1981 by Ord. No. 81-2; 7-19-1983 by Ord. No. 83-12; 8-20-1985 by Ord. No. 85-13; 2-8-1989 by Ord. No. 89-5; 4-10-1991 by Ord. No. 91-5; 8-27-2003 by Ord. No. 2003-9]
License fees shall be as follows:
Plenary retail consumption license, Class C: $2,500.
Plenary retail distribution license: $2,500.
Club license: $188.
Hours of sale.
[Amended 6-16-1981 by Ord. No. 81-2]
Consumption sales. For on-premises, open-container, drink-consumption sales, no alcoholic beverages shall be sold, served, consumed in or delivered in any licensed premises on any day between the hours of 3:00 a.m. and 8:00 a.m., except New Year's Day as provided in Subsection B.
Package sales. For off-premises consumption (package sales), no alcoholic beverages shall be sold, served in or delivered to any licensed premises on any day before the hour of 9:00 a.m. and after 10:00 p.m. on any day of the week except Sunday. Sunday sales shall be permitted, but only between the hours of 12:00 noon to 5:00 p.m. except from Memorial Day (observed) to Labor Day, when such Sunday sales shall be permitted between the hours of 12:00 noon to 7:00 p.m.
[Amended 4-10-1991 by Ord. No. 91-4; 3-11-1992 by Ord. No. 92-5]
New Year's Day. The provisions of Subsection A shall not apply on January 1. On that day, no alcoholic beverages may be sold, served, consumed in or delivered to the licensed premises between the hours of 5:00 a.m. and 8:00 a.m.; if January 1 is a Sunday, however, no alcoholic beverages may be sold, served, consumed in or delivered to the licensed premises between the hours of 5:00 a.m. and 12:00 noon.
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 for consumption sales may be sold, served or consumed in or delivered to the licensed premises between the hours of 3:00 a.m. and 10:00 a.m. With respect to package sales or off-premises consumption, Sunday sales shall be permitted between the hours of 12:00 noon and 5:00 p.m. only.
[Amended 4-18-1978 by Ord. No. 78-4; 6-16-1981 by Ord. No. 81-2; 6-16-1987 by Ord. No. 87-8]
Closing of entire premises. During the hours that sales are prohibited, the entire licensed premises shall be closed, but this closing-of-premises requirement shall not apply to restaurants as defined in N.J.S.A. 33:1-lt or to clubs as provided in N.J.S.A. 33:1-12, Subsection 5, and State Regulation No. 7.
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 parent or guardian.
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 to remain on any premises in violation of Subsection A.
[Amended 5-18-1982 by Ord. No. 82-2]
Presumption. Any parent or guardian of a minor who accompanies such 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.
Possession. No minor shall possess, serve, sell or consume any alcoholic beverage in any public place within the Borough.
Entering premises. It shall be unlawful for a minor under the legal age for purchasing alcoholic beverages to enter any premises licensed for the sale of alcoholic beverages unless accompanied by a parent or legal guardian or adult husband or wife; provided, however, that a minor may enter any licensed premises in the regular pursuit of his or her business, trade or occupation or to purchase food to take off the premises.
[Added 11-20-1979 by Ord. No. 79-12]
No licensee or employee of the licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to an habitual drunkard or to an apparently or actually intoxicated person or minor or 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.
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article, 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 service of a five-day notice of charges preferred against the licensee, as provided in said statute, and the affording of 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.
[Adopted 4-17-1984 by Ord. No. 84-11 (Ch. 49, Art. II, of the 1982 Code)]
No person shall consume alcoholic beverages and no person shall possess unsealed containers of alcoholic beverages:
While in or on a public street, lane, sidewalk, public or quasi-public place or in any public conveyance.
In a private motor vehicle while the same is in motion or parked in any public street, lane or public parking lot.
While upon any private property not his own without the express permission of the owner or other person having authority to grant such permission.
For the purposes of this article, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGE
- Any fluid, or solid capable of being converted into a fluid, suitable for human consumption and having an alcoholic content of more than 1/2% by volume, including beer, ale, still and sparkling wines, distilled liquors, blended liquors, fermented fruit juices or any brewed, fermented or distilled liquors fit for use for human consumption, or any mixture of the same. For purposes of this article, it shall be presumed that any container labeled as containing an alcoholic beverage contains said beverage with the amount of alcohol, by volume, marked on the label, without the necessity of chemically analyzing the contents.
For purposes of this article, a person shall be presumed to possess an alcoholic beverage if such a beverage is within the custody or under the control of such person. Possession need not be exclusive but may be exercised jointly or severally.
The provisions of this article shall not apply to the possession or consumption of alcoholic beverages pursuant to a special permit issued by the Council of the Borough of Gibbsboro, when the person possessing or consuming an alcoholic beverage is doing so in accordance with the terms and conditions of said permit and at the location authorized by said permit.
Nothing herein contained shall be construed to prohibit the consumption, possession or sale of alcoholic beverages on premises which are duly licensed, pursuant to a retail consumption, retail distribution, retail transit, wholesale or club license issued by the governing body of the Borough of Gibbsboro or by the Division of Alcoholic Beverage Control of the State of New Jersey.
Upon adoption of this article, the holders of all liquor licenses issued by the Borough of Gibbsboro or by the State of New Jersey, with places of business in the Borough of Gibbsboro, shall be required to post a sign in a conspicuous place advising patrons, customers or other persons legally on the premises of the existence of this article. Such sign shall be provided free of charge to each licensee by the Borough of Gibbsboro, Department of Public Safety.