Borough of Oaklyn, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Oaklyn as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Drugs — See Ch. 12.
Dance halls — See Ch. 66.
Fees — See Ch. 73.
Food-handling establishments — See Ch. 78.
Licenses and permits — See Ch. 85B.
Parks and recreation — See Ch. 95B.
Peace and good order — See Ch. 96.
[Adopted 9-2-1969 by Ord. No. 3-69]
The purpose of this article is for fixing license fees and regulating the sale of alcoholic beverages in the Borough of Oaklyn, County of Camden and State of New Jersey, in accordance with the provisions of an Act of the legislature entitled "An Act Concerning Alcoholic Beverages," P.L. 1933, c. 436, as amended and supplemented,[1] and in accordance with the rules and regulations promulgated or to be promulgated by the State Commissioner of Alcoholic Beverage Control applicable hereto and in accordance with the rules and regulations existing herein or hereafter adopted by competent municipal authority not inconsistent with said Act or said rules and regulations of said State Commissioner.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
It shall be unlawful to sell or distribute alcoholic beverages otherwise than as provided in this article and/or said Act.
A. 
The Mayor and Borough Council of the Borough of Oaklyn, County of Camden, being the governing body of said municipality, shall constitute the authority for the issuance, renewal, transfer, revocation or suspension of licenses hereunder in accordance with the applicable New Jersey statutes.
B. 
Each license issued, transferred or renewed pursuant to this section shall be done so only after applicants therefor shall have complied with all the applicable provisions of N.J.S.A. 33:1-1 et seq.
[Amended 8-8-1978 by Ord. No. 16-78]
No more than six plenary retail consumption licenses and no more than three plenary retail distribution licenses and no more than two club licenses shall be issued and outstanding at the same time in the Borough of Oaklyn, but this limitation shall not prevent the renewal of licenses presently outstanding or the transfer of such licenses and the renewal of such licenses so transferred.
[Amended 9-13-1977 by Ord. No. 13-77]
Pursuant to the statutes of the State of New Jersey, the fees to be paid to the Borough of Oaklyn for Class C intoxicating beverage licenses, as defined by law, are as provided for in Chapter 73, Fees.
A. 
No holder of a plenary retail consumption license shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage on licensed premises as follows:
(1) 
On Monday, Tuesday, Wednesday and Thursday between the hours of 2:00 a.m. and 7:00 a.m.;
(2) 
On Friday and Saturday between the hours of 3:00 a.m. and 7:00 a.m.; and
(3) 
On Sunday between the hours of 3:00 a.m. and 10:00 a.m.
[Amended 7-14-1973 by Ord. No. 4-73; 10-13-1992 by Ord. No. 12-92; 3-9-1993 by Ord. No. 1-93; 3-11-2014 by Ord. No. 4-14]
B. 
The hours named herein shall refer to Eastern standard time, except during such periods when daylight saving time shall have been in force in the Borough of Oaklyn; and during such periods the hours herein shall refer to daylight saving time as so adopted.
C. 
No holder of a plenary retail distribution license shall sell, serve, deliver, allow, permit or suffer the sale, service or delivery of any alcoholic beverage on licensed premises on Sunday, Monday, Tuesday, Wednesday, Thursday, Friday and Saturday between the hours of 10:00 p.m. and 9:00 a.m., prevailing time.
[Added 12-28-1989 by Ord. No. 19-89; amended 10-13-1992 by Ord. No. 12-1992; 3-9-1993 by Ord. No. 1-93; 3-8-2005 by Ord. No. 5-05; 4-14-2009 by Ord. No. 7-09]
D. 
The times of sale, as delineated in this section shall not be in any way modified by a change in the time standard from either Eastern standard time to Eastern daylight time or from Eastern daylight time to Eastern standard time.
[Added 3-9-1993 by Ord. No. 1-93]
[Amended 9-13-1977 by Ord. No. 13-77; 3-9-1993 by Ord. No. 1-93]
No person shall sell, serve or deliver any alcoholic beverage to any person under the age of 21 years.
[Amended 9-13-1977 by Ord. No. 13-77]
A. 
It shall be unlawful for a person under the age of 21 years to 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.
[Amended 3-9-1993 by Ord. No. 1-93]
B. 
It shall be unlawful for a person under the age of 21 years to consume, purchase, attempt to purchase or have another purchase for him or her any alcoholic beverages on any premises licensed for the sale of alcoholic beverages.
[Amended 3-9-1993 by Ord. No. 1-93]
C. 
It shall be unlawful for any person under the age of 21 years to misrepresent or misstate his or her age for the purpose of inducing any retail licensee or any employee of any retail licensee to sell, serve or deliver any alcoholic beverage to him or her.
[Amended 3-9-1993 by Ord. No. 1-93]
D. 
Any person who shall violate any of the provisions of this section shall, upon conviction thereof, be punished by a fine not to exceed $500 or by imprisonment for a term not to exceed 90 days, or both.
[Added 9-12-2000 by Ord. No. 15-00]
A. 
Definitions, as used in this section:
GUARDIAN
A person who has qualified as a guardian of the underage person pursuant to testamentary or court appointment.
RELATIVE
The underage person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
B. 
Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any 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 to the fine authorized for this offense, suspend or postpone for six months the driving privilege of the defendant.
(1) 
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) 
If a person at the time of the imposition of a sentence has a valid driver's license issued by the 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.
(3) 
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 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 a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
(4) 
The court shall, of any person convicted under this section who is not a New Jersey resident, 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.
C. 
This section does not 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 and consume alcoholic beverages.
D. 
This section does not prohibit possession of alcoholic beverages of any such person while actually engaged in the performance of employment by a person who is licensed under N.J.S.A. 33:1-1 et seq. 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 education institution; however, no ordinance enacted pursuant to this section 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 sale of alcoholic beverages.
A copy of § 50-8 of this article shall be displayed at all times in every establishment within the Borough of Oaklyn which is the holder of a plenary retail consumption license, a plenary retail distribution license or a club license.
Any license issued pursuant to this article may be suspended or revoked for violation of any of the provisions of this article or for violations of any of the provisions of said Act or any of the rules or regulations provided by the State Commissioner of Alcoholic Beverage Control.
[Adopted 11-12-1975 by Ord. No. 27-75]
[Amended 9-13-1977 by Ord. No. 13-77]
A. 
No person shall consume alcoholic beverages while:
(1) 
In or on a public street, lane, sidewalk, public parking lot or in any public conveyance.
(2) 
In a private motor vehicle while the same is in motion or parked in any public street, lane or public parking lot.
(3) 
Upon any private property not his own without the express permission of the owner or other person having authority to grant such permission.
B. 
No person shall discard alcoholic beverage containers upon any public street, lane, sidewalk, public parking lot, public or quasipublic place or upon any private property not his own without the express permission of the owner.
[Amended 9-13-1977 by Ord. No. 13-77]
Any person who shall violate the provisions of this article shall, upon conviction, be punished by a fine of not more than $500 or be imprisoned for not more than 90 days, or both.