[HISTORY: Adopted by the Board of Commissioners
of the Township of Long Beach as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-2-1974 by Ch. 5 of the
1974 Code]
This article is enacted to regulate the sale
and transportation of alcoholic beverages in the township 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.
For the purpose of this article, words and phrases
herein shall have the same meanings as in N.J.S.A 33:1-1 et seq.,
and the rules and regulations of the Director of the Division of Alcoholic
Beverage Control.
A.
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the act, rules and regulations referred to in § 39-1, and all other applicable state or federal laws.
B.
Issuing authority. All licenses required by this article
shall be issued by the Board of Commissioners, which shall also administer
the provisions of this article.
C.
License required. No person shall sell or distribute alcoholic beverages within the township without having obtained a license in accordance with the act referred to in § 39-1 and the provisions of this article.
D.
License fees.[1] Annual license fees are hereby fixed as follows:
[Amended 5-21-1999 by Ord. No. 99-16C; 4-2-2004 by Ord. No. 04-09C; 3-4-2005 by Ord. No. 05-05C; 4-5-2012 by Ord. No. 12-07C]
[Amended 6-20-1975 by Ord. No. 75-13C]
A.
No delivery or service of any alcoholic beverage shall
be made, permitted or suffered to be made upon or within any licensed
premises between the hours of 2:00 a.m. and 7:00 a.m. of any day with
the following exceptions:
B.
Patrons in or on the licensed premises of a plenary
retail consumption establishment shall vacate the premises within
1/2 hour of the required closing time.
[Added 7-18-1980 by Ord. No. 80-26C]
[Amended 7-18-1997 by Ord. No. 97-16C]
A.
Regulations. It shall be unlawful in the township
for any person under the legal age for purchasing alcoholic beverages
to:
(1)
Purchase or attempt to purchase any alcoholic beverage,
whether or not it is to be consumed on a licensed premises.
(2)
Misrepresent his or her age, by the use of false documents
or another person's documents, or otherwise, in connection with the
purchase, attempted purchase or consumption of alcoholic beverages.
(3)
Misrepresent his or her age to any police officer
of the township in connection with the purchase, attempted purchase
or consumption of alcoholic beverages.
(4)
Have in his or her possession any altered or false
document for the purpose of establishing the identification or age
of such person.
(5)
Enter any premises licensed for the sale of alcoholic
beverages for the purpose of purchasing, or having served or delivered
to him or her, any alcoholic beverage.
(6)
Consume any alcoholic beverage on premises licensed
for the sale thereof, or have another person purchase or attempt to
purchase for him or her any alcoholic beverage.
B.
Lending identification documents unlawful. It shall
be unlawful for any person to permit the use of his or her documents
or evidences of identification by any other person under the legal
age for purchasing alcoholic beverages in connection with the purchase
or attempted purchase of any alcoholic beverage.[1]
[1]
Editor's Note: Former § 5-6, Revocation
of license, which immediately followed this section, was repealed
7-18-1997 by Ord. No. 97-16C.
[Added 7-18-1997 by Ord. No. 97-16C]
[Adopted 8-2-1974 as § 3-9
of the 1974 Code]
[Amended 12-5-1980 by Ord. No. 80-34C; 7-6-1984 by Ord. No. 84-15C; 3-6-2009 by Ord. No.
09-05C; 4-4-2022 by Ord. No. 22-09C]
A.
Except as
set forth herein, no person shall at any time consume alcoholic beverages
or have in his or her possession any open container containing any
alcoholic beverage on any street, highway, alley, sidewalk, approach,
or step to any building or in any automobile or other motor vehicle
on any street, highway, or alley. No person shall at any time consume
or have in his or her possession any open container containing any
alcoholic beverage in any public building or public place except in
a licensed establishment as regulated by the provisions of this chapter
and further licensed in accordance with state law. No person shall
at any time consume or possess in any container opened or unopened
any alcoholic beverage on any public beach.
B.
The prohibitions
shall not prohibit an employee of a licensed premises or licensed
building, licensed to sell alcoholic beverages, from carrying and
having in his or her possession open containers of alcoholic beverages
on a public sidewalk, approach, or step to any building if the same
be necessary to serve patrons of the licensed establishment or building
who are legally seated at outdoor seating as set forth in the Township
Code, and nothing contained in this section shall prohibit customers
or patrons of a lawfully licensed establishment or building from consuming
alcoholic beverages while seated at any permitted outdoor seating,
permitted pursuant to the terms of the Code.
C.
The prohibitions
shall not prohibit any patron who is legally seated at outdoor seating
as provided in the Township Code from consuming alcoholic beverages
at such legal seating, which beverages are brought by the patron or
a fellow patron sitting at the same table for personal consumption.
It is the intent of this prohibition waiver to permit patrons of food
establishments with lawful outdoor seating to bring their own bottle,
often called “BYOB,” to consume alcohol in advance of
or with a meal to be consumed by persons legally seated at outdoor
seating.
D.
The Township
may by resolution designate specific public outdoor areas used for
Township-sponsored events and for a set period of time to be an “open
container area” where people of lawful drinking age are permitted
to carry and consume open containers of alcoholic beverages outdoors.
