[HISTORY: Adopted by the Borough Council
of the Borough of Hillsdale 6-27-1972 by Ord. No. 72-9 as Ch. 3 of
the Revised Ordinances of 1972. Amendments noted where applicable.]
[Amended 2-24-1981 by Ord. No. 81-5; 5-13-1997 by Ord. No. 97-8]
The classes of licenses to be issued by the
Borough are hereby fixed as follows:
[1]
Editor's Note: For statutory provisions relating
to alcoholic beverage control, see N.J.S.A. 33:1-1 et seq., as amended
and supplemented, and state regulations promulgated by the State Director
of Alcoholic Beverage Control.
[Amended 2-24-1981 by Ord. No. 81-5; 12-14-1993 by Ord. No. 93-21; 8-9-1994 by Ord. No. 94-13]
The maximum number of licenses to be issued
under this chapter shall be as follows:
[Amended 3-14-1978 by Ord. No. 78-2; 2-24-1981 by Ord. No. 81-5; 4-26-1983 by Ord. No. 83-4; 10-14-1986 by Ord. No. 86-16; 12-8-1987 by Ord. No. 87-28; 2-28-1989 by Ord. No. 89-2; 12-12-1989 by Ord. No.
89-25; 11-13-1990 by Ord. No. 90-17; 8-3-1991 by Ord. No. 91-15; 11-10-1992 by Ord. No.
92-13; 12-14-1993 by Ord. No. 93-21; 5-13-1997 by Ord. No. 97-8]
License fees shall be as provided in Chapter 138, Fees.
[Amended 4-26-1983 by Ord. No. 83-4]
A.
Package sales (for off-premises consumption in original
containers): No plenary retail distribution or plenary retail consumption
licensee shall sell, deliver, allow, permit or suffer the sale or
delivery of any alcoholic beverage at retail in its original container
for consumption off the licensed premises or allow, permit or suffer
the removal of any alcoholic beverage in its original or open container
from its licensed premises before 9:00 a.m. or after 10:00 p.m. on
any day of the week, with the exception of the following days, when
the foregoing permission shall be further limited and prohibited as
follows:
(1)
[1]On Christmas Day prior to 12:00 noon;
[1]
Editor’s Note: Former Subsection A(1), which prohibited
sales on Sunday prior to 12:00 noon, was repealed 7-12-2017 by Ord.
No. 17-12. This ordinance also provided for the renumbering of former
Subsection A(2) and (3) as Subsection A(1) and (2), respectively.
(2)
On New Year's Day, when it is on Sunday, prior to
12:00 noon.
B.
Consumption on premises (plenary retail consumption license). The holder of a retail consumption license, in addition to being permitted to make package sales (off-premises in original container), in premises as set forth in Subsection A above, shall be permitted the sale and delivery of any alcoholic beverage for the purposes of consumption on the premises any day of the week except during the following hours:
(1)
On weekdays between the hours of 3:00 a.m. and 8:00
a.m.;
(2)
On Sundays between the hours of 3:00 a.m. and 12:00
noon;
(3)
On Christmas Day between the hours of 3:00 a.m. and
12:00 noon;
(4)
On New Year's Day, when it is a weekday, between the
hours of 5:00 a.m. and 8:00 a.m.;
(5)
On New Year's Day, when it is a Sunday, between the
hours of 5:00 a.m. and 12:00 noon.
C.
Sale for consumption off-premises of wine and malt
alcoholic beverages in the original container. The sale of wine and
malt alcoholic beverages in the original bottles or can containers
by retail consumption or retail distribution license, as the case
may be, is permitted during the hours governing the applicable license.[2]
[Amended 5-13-1997 by Ord. No. 97-8]
[2]
Editor's Note: N.J.S.A. 33:1-40.3 and N.J.A.C.
13:2-38.1 et seq. authorize taverns and package stores to sell beer,
ale and wine in original containers for consumption off the licensed
premises on the same days and during the same hours as taverns are
authorized to sell alcoholic beverages for consumption on the licensed
premises.
[Amended 6-13-1978 by Ord. No. 78-10]
No person on any premises or occupying any vehicle
within the limits of the Borough of Hillsdale shall consume any alcoholic
beverage, or have in his or her possession any opened or unsealed
alcoholic beverage container or any open receptacle with alcoholic
beverage therein, unless at the time of such consumption or possession
such person or the vehicle occupied by such person shall be:
A.
On premises on which the sale and service of alcoholic
beverages for consumption on said premises is permitted pursuant to
N.J.S.A. 33:1-1 et seq.; or
B.
On public, semipublic or private property the owner
or other person or body in charge of which has given express and lawful
permission for such consumption or possession.
[Added 12-4-2001 by Ord. No. 01-21]
A.
It shall be unlawful for a person under the legal
age to knowingly possess or consume alcoholic beverages on private
property in the Borough of Hillsdale as is provided herein.
B.
Violations and penalties. Those person or persons
who violate this section will be subject to a fine of $250 for the
first offense and $350 for any subsequent offense.
C.
Exemptions.
(1)
Those persons who are under the legal age who are
engaged in the employment of an establishment, place or business which
serves alcoholic beverages and are required to deliver or place alcoholic
beverages on display are exempt from this chapter for the course of
their employment at that place.
(2)
Any underage person or persons who possesses or consumes
alcoholic beverages in connection with religious observance, ceremony
or rite or who consumes or possesses 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 and consume alcoholic beverages,
is exempt from this section.
(3)
As used herein, a guardian is a person who has qualified
as a guardian of the underage person pursuant to a testamentary or
court appointment. "Relative" means the underage person's grandparent,
aunt, uncle, sibling or any other person related by blood or affinity.
[Added 5-13-1997 by Ord. No. 97-8; amended 12-4-2001 by Ord. No. 01-21]
Except as may be provided herein or in N.J.S.A. 33:1-1 et seq., a violation of this chapter shall be punishable as provided in Chapter 226, Penalties.
