[Adopted by the Township Committee of the Township of Harding
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-12-1967 by Ord. No. 3-67 as Subchapter 7-1 of the 1967 Revised
General Ordinances (Ch. 39 of the 1990 Code)]
[Amended 12-10-1979 by Ord. No. 16-79]
A.
The fee for a plenary retail consumption license shall be as provided in Chapter 171, Fees.
[Amended 3-12-1990 by Ord. No. 1-90]
B.
The fee for a plenary retail distribution license shall be as provided in Chapter 171, Fees.
[Amended 3-12-1990 by Ord. No. 1-90]
C.
The fee for a club license shall be as provided in Chapter 171, Fees.
[Amended 3-12-1990 by Ord. No. 1-90]
D.
No seasonal retail consumption license or limited
retail distribution license shall be issued by the Township Committee.
[Amended 7-13-1981 by Ord. No. 5-81]
A.
On-premises consumption. No licensee shall sell, serve
or deliver nor allow, permit or suffer the sale, service or delivery
of any alcoholic beverage or permit the consumption of any alcoholic
beverage on licensed premises on any day of the week, including Sunday,
from 2:00 am. until 9:00 am.
B.
Off-premises consumption (package sales). No licensee shall sell or deliver nor allow, permit or suffer the sale or delivery of any alcoholic beverage on any day of the week, including Sunday, from 10:00 p.m., until 9:00 a.m. of the following day; provided, however, that package sales of malt alcoholic beverages and wine shall be allowed during any hours in which on-premises open container (drink) consumption is permitted pursuant to Subsection A of this section.
[Amended 3-12-1990 by Ord. No. 1-90][1]
Any retail license in the Township may be suspended
or revoked for violation of the provisions of this chapter in accordance
with the procedure established by N.J.S.A. 33:1-31.
[Added 10-15-2003 by Ord. No. 21-03 (§ 141-21
of the 1990 Code)]
A.
Any person under the legal age to purchase alcoholic
beverages who knowingly possesses, without legal authority, or who
knowingly consumes any alcoholic beverages on private property shall
be subject, upon conviction, to a fine of $250 for the first offense
and $350 for any subsequent offense.
[Amended 9-6-2005 by Ord. No. 15-05]
B.
The Municipal Judge may, in addition to any other
sentence imposed for the offense, suspend or postpone, for up to six
months, the driving privilege of the defendant. Upon the conviction
of any person under this article, the Municipal Judge shall forward
a report to the Division of Motor Vehicles (the "Division") stating
the first and last day of the suspension or postponement period imposed
by the Municipal Judge pursuant to this article. If a person is less
than 17 years of age at the time of the imposition of a sentence,
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.
C.
If a person, at the time of the imposition of a sentence,
has a valid New Jersey driver's license, the Municipal Judge 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 Municipal Judge 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 Municipal Judge.
D.
The Municipal Judge 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.
A person shall be required to acknowledge receipt of the written notice
in writing. Failure to receive a written notice or failure to acknowledge
in writing the receipt of written notice shall not be defense to a
subsequent charge of violation of N.J.S.A. 39:3-40.
E.
If the person convicted under this article is not
a New Jersey resident, the Municipal Judge shall suspend or postpone,
as appropriate, the nonresident driving privilege of the person based
on the age of the person and submit the required report to the Division.
The Municipal Judge shall not collect the license of a nonresident
convicted under this article. Upon receipt of a report from the Municipal
Judge, the Division shall notify the appropriate officials in the
licensing jurisdiction of the suspension or postponement.
F.
Exceptions.
(1)
Religious observance; presence of a parent or guardian.
Nothing in this article shall prohibit an underage person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony or rite, or consuming or possessing an alcoholic
beverage in the presence of, and with the permission of a parent,
guardian or relative who has attained the legal age to purchase or
consume alcoholic beverages. As used in this article, "guardian" means
a person who has qualified as a guardian of the underage person pursuant
to testamentary court appointment, or other applicable laws, as determined
by the Municipal Judge; and "relative" means an underage person's
grandparent, aunt, uncle, sibling or any other person related by blood
or affinity.
(2)
Performance of employment. Nothing in this article
shall prohibit possession of alcoholic beverages by any person while
actually engaged in the performance of employment by a person who
is licensed under Title 33 of the Revised Statutes, or while actively
engaged in the preparation of food while enrolled in a culinary arts
or hotel management program at a county vocational school or post
secondary educational institution; however, nothing in this article
shall be construed to preclude the imposition of a penalty under this
section, N.J.S.A. 33:1-81 or any other section of law against a person
who is convicted of unlawful alcoholic beverage activity on or at
premises licensed for the sale of alcoholic beverages.
