[Amended 12-18-1952 by Ord. No. 4-52]
No licenses known as "seasonal retail consumption
licenses" or "club licenses," as defined in Title 33 of the Revised
Statutes of the State of New Jersey, 1937, its supplements and amendments,
shall hereafter be issued by the Mayor and Council of the Borough
of Kinnelon.
[Amended 4-17-1947 by Ord. No. 43]
No more than three plenary retail consumption
licenses as defined in Title 33 of the Revised Statutes of the State
of New Jersey 1937, its supplements and amendments, shall be outstanding
in the Borough of Kinnelon at the same time.
[Amended 9-21-1961 by Ord. No. 5-61; 5-1-1972 by Ord. No. 9-72; 9-20-1973 by Ord. No. 5-73; 11-17-1977 by Ord. No. 17-77; 2-19-2009 by Ord. No. 2-09; 7-18-2013 by Ord. No. 2-13]
The fee for a plenary retail consumption license
(No. 33) for the annual statutory period shall be payable by certified
check, cash or money order, as follows:
Year
|
Fee
|
---|
2013
|
$414
|
2014
|
$497
|
2015
|
$596
|
2016
|
$715
|
2017
|
$858
|
2018
|
$1,030
|
2019
|
$1,236
|
2020
|
$1,483
|
2021
|
$1,780
|
2022
|
$2,136
|
2023 and after
|
$2,500
|
[Amended 6-18-1981 by Ord. No. 8-81]
A. No licensee shall serve, deliver or allow, permit
or suffer the sale or delivery of any alcoholic beverage for consumption
on the premises on weekdays between the hours of 3:00 a.m. and 7:00
a.m. or on Sundays between the hours of 3:00 a.m. and 11:00 a.m.,
except for New Year's Day. When New Year's Day shall fall on a weekday,
sale for consumption on the premises shall be permitted at all times,
and when the same shall fall on a Sunday, sale for consumption on
the premises shall be prohibited between the hours of 5:00 a.m. and
11:00 a.m.
B. No licensee shall sell or deliver or allow, permit or suffer the sale or delivery of any alcoholic beverage, at retail, in its original or opened container from retail licensed premises before 9:00 a.m. or after 10:00 p.m. on any day of the week, except that the sale of malt alcoholic beverage and wine in original bottle or can containers for consumption off the premises is permitted during the times as set forth in Subsection
A above.
C. During the hours that sales are prohibited, the entire
licensed premises shall be closed except for the licensee and his
or her employees.
[Amended 5-1-1972 by Ord. No. 9-72]
The hours aforesaid shall be deemed to be prevailing
time.
Any plenary retail consumption license in the
Borough 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 12-18-1952 by Ord. No. 4-52; amended 9-21-1961 by Ord. No. 5-61; 5-1-1972 by Ord. No. 9-72; 9-20-1973 by Ord. No. 5-73; 11-17-1977 by Ord. No. 17-77; 2-19-2009 by Ord. No. 2-09; 7-18-2013 by Ord. No. 2-13]
No more than one plenary retail distribution license (No. 44)
as defined in N.J.S.A. 33:1-1 et seq., and the amendments and supplements
thereto, shall be issued and outstanding in the Borough of Kinnelon
at one and the same time. The fees for a plenary retail distribution
license for the annual statutory period shall be payable by certified
check, cash or money order, as follows:
Year
|
Fee
|
---|
2013
|
$377
|
2014
|
$452
|
2015
|
$542
|
2016
|
$650
|
2017
|
$780
|
2018
|
$936
|
2019
|
$1,123
|
2020
|
$1,347
|
2021
|
$1,616
|
2022
|
$1,939
|
2023
|
$2,326
|
2024 and after
|
$2,500
|
[Amended 5-1-1972 by Ord. No. 9-72; 7-21-1988 by Ord. No. 12-88; 6-21-1990 by Ord. No. 4-90]
Any person, firm or corporation violating this
chapter shall be subject, upon conviction, to one or more of the following
at the discretion of the court: a fine not to exceed $1,000 or imprisonment
in the county jail for a term not to exceed 90 days or community service
not to exceed 90 days.
[Added 12-16-1982 by Ord. No. 16-82]
A. No person shall consume alcoholic beverages or have in his possession any unsealed container with alcoholic beverages therein while in or upon any public street, roadway, sidewalk, parking area, park or recreation area or any other public or quasi-public place to which the public is generally invited, whether publicly or privately owned, except in such instances when permission shall be given by the Mayor and Council for a specific use, in which event a resolution shall set forth the name of the organization receiving such permission, the date and hours of permitted use, and any other limitations or restrictions which might be deemed appropriate. This Subsection
A shall include, but not be limited to, shopping centers, parking areas and roadways. This Subsection
A shall not apply to restaurants which permit patrons to bring beer and/or wine to the establishments (commonly known as "BYOB") in accordance with applicable statute.
[Amended 7-18-2013 by Ord. No. 3-13; 6-26-2019 by Ord. No. 06-19]
B. No person shall consume alcoholic beverages or have
in his possession any unsealed container with alcoholic beverages
therein while in a private motor vehicle or public conveyance, while
the same is in motion or parked in any public street, roadway or parking
area or any other public or quasi-public street, roadway or parking
area to which the public is generally invited, whether publicly or
privately owned.
[Added 5-17-2012 by Ord. No. 9-12; amended 5-21-2015 by Ord. No. 6-15]
A. Purpose.
(1) The Borough of Kinnelon does hereby declare that the abuse of alcohol
is a serious problem affecting the health and welfare of all citizens.
The Borough does further declare and determine that all reasonable
steps should and must be taken to discourage and prohibit the possession
and consumption of alcohol by underage persons.
(2) This section shall only be enforced as a secondary violation and
requires another violation to precede it as the reason for entering
upon the private property.
(3) The purpose of this section also is to provide for the enforcement
of P.L. 2000, c. 33.
B. Definitions. As used in this section, the following terms shall be
defined as follows:
GUARDIAN
A person who is qualified as a guardian of the underage person
pursuant to testamentary or court appointment.
RELATIVE
The underage person's parent, grandparent, aunt, uncle,
sibling, first cousin or closer relative by blood, marriage or adoption
who has attained the legal age to purchase and consume alcoholic beverages.
C. Violation; exception. Any person under the legal age to purchase
and consume alcoholic beverages who, without legal authority, on private
property, knowingly possesses, orders, purchases, serves or consumes
alcoholic beverages or who is under the influence of alcoholic beverages
within the municipal boundary of the Borough of Kinnelon shall be
in violation of this section and subject to the penalties hereof.
(1) This section shall not apply to the following:
(a)
An underage person consuming or possessing an alcoholic beverage
in connection with a religious observance, ceremony or rite;
(b)
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 and consume alcoholic beverages;
(c)
An underage 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 postsecondary educational institution.
(2) This section shall not 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.
D. Responsibility of property owner.
(1) Any person who makes real property that is owned, leased or managed
by such person, or over which such person has actual and effective
control, available to persons who are under the legal age for consuming
alcoholic beverages with the knowledge that alcoholic beverages will
he made available for consumption or will he consumed by persons who
are under the legal age for consuming alcoholic beverages shall be
in violation of this section and subject to penalties hereof. Any
person who, within the Borough of Kinnelon, leaves real property,
owned, leased or managed by such person or over which such person
has actual and effective control in the care of another person with
the knowledge that alcoholic beverages will be made available for
consumption by or will be consumed by persons who are under the legal
age for consuming alcoholic beverages shall be in violation of this
section and subject to penalties hereof. This section shall not apply
if:
(a)
The real property is licensed or required to be licensed by
the Division of Alcoholic Beverage Control in accordance with the
provisions of N.J.S.A. 33:1-1 et seq.;
(b)
The person making the property available or leaving it in the
care of another person is of the legal age to consume alcoholic beverages
and is the parent or guardian or first cousin or closer relative by
blood, marriage or adoption of the person who consumes alcoholic beverages
while under legal age for consuming alcoholic beverages; or
(c)
The alcoholic beverages are consumed by a person under the legal
age for consuming alcoholic beverages during a religious observance,
ceremony or rite.
(2) This section shall not apply to those actions constituting a violation
of law as set forth in N.J.S.A. 2C:33-17 or any successor statute.
E. Violations and penalties.
(1) Any person under the legal age to purchase alcoholic beverages who
knowingly possesses or knowingly consumes an alcoholic beverage on
private property shall be punished by a fine of $250 for a first offense
and $350 for any subsequent offense. The court may, in addition, in
egregious circumstances such as defendants with prior offenses, defendants
where the violation involves a motor vehicle, or for defendants who
have caused a significant danger to themselves or others, suspend
or postpone for six months the driving privilege of the defendant.
Upon the conviction of any person and the suspension or postponement
of that person's driver's license, the court shall forward
a report to the Division of Motor Vehicles stating the first and last
day of the suspension or postponement period imposed by the court
pursuant to this section. If a person at the time of the imposition
of a sentence is less than 17 years of age, 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.
(2) In lieu of, or in combination with, the fine and/or license suspension imposed pursuant to Subsection
E(1) of this section, the court may exercise discretion to order the defendant to complete six hours of alcohol education in a formal classroom setting.
(3) If a person, at the time of the imposition of a sentence has a valid
driver's license issued by this state, the court 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 court
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 court.
(4) The court shall inform the person orally and in writing that if the
person is convicted of operating a motor vehicle during the period
of 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 a written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
(5) If the person convicted under such an ordinance is not a New Jersey
resident, the court shall suspend or postpone, as appropriate, the
nonresident driving privilege of the person based on the age of the
person and submit to the Division the required report. The court shall
not collect the license of a nonresident convicted under this section.
Upon receipt of a report by the court, the Division shall notify the
appropriate officials in the licensing jurisdiction of the suspension
or postponement.
F. Duty of law enforcement officer. All law enforcement officers of
the Borough of Kinnelon are hereby directed to apprehend any person
observed by such officer to be in violation hereof and any person
for whom the officer has probable cause to believe to be in violation
hereof.