[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.
[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:
A. Plenary retail consumption license, Class C: $2,500.
B. Plenary retail distribution license: $2,500.
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.
Except as provided in N.J.S.A. 33:1-1 et seq., violations of the provisions of this article shall be punishable as set forth in Chapter
1, Article
I, General Penalty.
[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:
A. While in or on a public street, lane, sidewalk, public
or quasi-public place or in any public conveyance.
B. In a private motor vehicle while the same is in motion
or parked in any public street, lane or public parking lot.
C. 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.
Any person who violates or fails to comply with any of the provisions of this article shall, upon conviction, be subject to the penalties in Chapter
1, General Provisions, Article
I.