[HISTORY: Adopted by the Mayor and Council of the Borough of New Providence as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Violations and penalties — See Ch. 1, Art. II.
Fees and licenses — See Ch. 147.
Consumption of alcoholic beverages in parks and recreation areas — See Ch. 191, § 191-1. Zoning — See Ch. 310.
[Adopted 5-29-1973 by Ord. No. 73-7 as Ch. 3 of the 1973 Code]
As used in this article, the following terms shall have the meanings indicated:
LICENSEE
The holder of a plenary retail distribution license.
No plenary retail consumption license shall be granted in the Borough.
[Amended 1-27-1975 by Ord. No. 75-3; 1-1-1980 by Ord. No. 79-12; 12-23-1985 by Ord. No. 85-15; 12-28-1987 by Ord. No. 87-17; 12-27-1990 by Ord. No. 90-11]
The annual fee for a plenary retail distribution license shall be $1,037 for 1982. Further, the fee will increase at the rate of 20% per year until the sum of $2,000 is reached.
The number of plenary retail distribution licenses issued and outstanding shall be limited to four.
[Amended 1-28-1974 by Ord. No. 74-2; 7-22-1981 by Ord. No. 81-6; 7-9-2001 by Ord. No. 2001-3]
No licensee shall sell or deliver or allow, permit or suffer the sale or delivery of any alcoholic beverage or allow, permit or suffer the removal of any alcoholic beverage from the licensed premises before 9:00 a.m. or after 10:00 p.m. on any day of the week, except that such sale, delivery or removal of any alcoholic beverage from the licensed premises is prohibited before 12:30 p.m. and after 8:00 p.m. on any Sunday.
[Adopted 6-24-1985 as Ord. No. 85-4 (Ch. 3, Art. II, of the 1973 Code of Ordinances)]
A. 
No person shall, within the boundaries and limits of such zones and areas of the Borough of New Providence as may be identified from time to time by the Zoning Ordinance of the Borough of New Providence, being Chapter 310 of the Code of the Borough of New Providence, as C District - Central Business District, C-1 District - Specialty Commercial District and C-2 District - Neighborhood Commercial District consume any alcoholic beverage except within a building or structure where the same is permitted by law. The possession of any unsealed alcoholic beverage container with alcoholic beverages contained therein shall constitute a presumption that the person in possession thereof is consuming or intends to consume an alcoholic beverage in violation of the provisions hereof.
[Amended 12-27-1990 by Ord. No. 90-14]
B. 
For the purposes of this section, a container shall be regarded as "unsealed" when:
(1) 
Its top or cork has been removed;
(2) 
Any of its contents has been removed;
(3) 
The government tax stamp has been removed or broken;
(4) 
In the case of a metal container, the container has been opened in any manner; or
(5) 
In the case of a twist-top container, the original seal has been broken.