[Amended 7-7-1980 by Ord. No. 1980-4]
This chapter is enacted to regulate the sale
and transportation of alcoholic beverages in the Township of Lumberton
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 any amendments or
supplements thereto, and in accordance with the rules and regulations
of the State Director of Alcoholic Beverage Control, and to further
provide rules and regulations prohibiting the consumption of alcoholic
beverages in public places.
For the purpose of this chapter, words and phrases
herein shall have the same meanings as in N.J.S.A. 33:1-1 et seq.,
and any amendments or supplements thereto, and the rules and regulations
of the Director of the Division of Alcoholic Beverage Control.
[Amended 5-18-1981 by Ord. No. 1981-4]
A. Presence. No person under the legal age for purchasing
alcoholic beverages shall be allowed in any premises where alcoholic
beverages are sold or served for consumption on the premises, except
bona fide restaurants, unless accompanied by his parent or guardian.
[Amended 5-20-1974 by Ord. No. 1974-5]
B. Purchase of alcoholic beverages by a person under
the legal age for purchasing alcoholic beverages. No person under
the legal age for purchasing alcoholic beverage shall consume, purchase,
attempt to purchase or have another purchase for him any alcoholic
beverage on any premises licensed for the sale of alcoholic beverages.
C. Purchase of alcoholic beverages for a person under
the legal age of purchasing alcoholic beverages. No person shall purchase
or attempt to purchase alcoholic beverages for a person under the
legal age for purchasing alcoholic beverages. No person shall induce
or attempt to induce any licensee or any employee of a licensee to
sell, serve or deliver alcoholic beverages to a person under the legal
age for purchasing alcoholic beverages.
D. 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.
E. Presumption. Any parent or guardian of a person under
the legal age for purchasing alcoholic beverages who accompanies such
person into a premises in which alcoholic beverages are served and
who permits the person to possess or consume alcoholic beverages shall
be presumed to have misrepresented the age of the person under the
legal age for purchasing alcoholic beverages.
F. Possession. No person under the legal age for purchasing
alcoholic beverages shall possess, serve, sell or consume any alcoholic
beverage in any public place within the Township.
[Amended 6-2-1980 by Ord. No. 1980-3; 7-7-1980 by Ord. No.
1980-4]
A. Consumption and discarding of containers in certain
places prohibited. Any person who consumes alcoholic beverages while
in or on a public street, lane, sidewalk, public parking lot, public
or quasi-public place or in any public conveyance or in a private
motor vehicle while such vehicle is in motion or parked in any public
street, lane or public parking lot or while upon any private property
not his own without the express permission of the owner or other person
having authority to grant such permission or who discards alcoholic
beverage containers upon any public street, lane, sidewalk, public
parking lot, public or quasi-public place or upon any private property
not his own without the express permission of the owner shall be a
disorderly person.
B. Presumption of consumption. There shall be a rebuttable presumption of consumption against each person charged with the offense of consumption of an alcoholic beverage as set forth in Subsection
A above if that person is knowingly in possession of an open container which contains or recently contained an alcoholic beverage.
C. Exceptions. The Township Committee, in connection
with public celebrations or similar special events, may, by written
permit, specifically authorize the consumption of alcoholic beverages
in a public park, square, parking lot or other public place or area
or portion thereof, as specified in such permit and on the date and
the hours therein specified, subject to conditions as set forth in
the approved permit.
[Amended 3-7-2024 by Ord. No. 2024-02]
(1) The governing body of the Township of Lumberton approves the use
of outdoor open container liquor containers consistent with this section
at Village Green Park, the Municipal Complex, and other Township owned
property as approved by permit for Township sponsored events.
(2) Conditions under which a person may consume an alcoholic beverage under Subsection
C(1) of this section:
(a)
The person must be at least 21 years of age;
(b)
No open containers shall be permitted before 11:00 a.m. or after
11:00 p.m.;
(c)
Alcoholic beverages consumed in the area set forth in Subsection
C(1) must have been purchased from an authorized vendor with any applicable permits and approvals from the Township and ABC;
(d)
All alcoholic beverages must be in a plastic cup;
(e)
The alcoholic beverage container may not exceed 16 fluid ounces;
(f)
No open container of an alcoholic beverage may be removed from the area set forth in Subsection
C(1) above;
(g)
No open container of an alcoholic beverage may be consumed in any motor vehicle whether or not in the area set forth in Subsection
C(1) above.
(3) Any permitted provider subject to this subsection found to be in
violation may have their permit revoked by Township Committee. Such
violation could be grounds for denial of permit application by the
provider under this subsection in the future.
[Added 7-15-1974 by Ord. No. 1974-8; 8-3-1992 by Ord. No.
1992-6]
A. The holder of a plenary retail distribution license
may sell malt alcoholic beverages and wine in original bottle or can
containers for consumption off the premises on Sunday between the
hours of 1:00 p.m. and 6:00 p.m., in addition to such weekday hours
as authorized by law.
B. The holder of a retail consumption license may sell
malt alcoholic beverages and wine in original bottle or can containers
for consumption off the premises on the same days and during the same
hours as the sale of alcoholic beverages for consumption on the premises
as permitted and authorized by law.
[Amended 8-3-1992 by Ord. No. 1992-6; 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under §
1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this chapter, state law shall apply.