[Adopted 7-6-1954 by Ord. No. 351; amended
in its entirety 11-18-1980 by Ord. No. 0.15.80]
[Amended 3-7-1995 by Ord. No. 0.2.95; 12-17-2002 by Ord. No. 23.02]
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 unless that person is in or on the premises in the course
of his or her employment or is accompanied by his or her parent or
legal guardian. This provision shall not apply to licensed premises
the primary use of which is as a restaurant.
B.
If an establishment possesses a plenary retail licence
for the consumption or distribution of alcoholic beverages for only
a portion of its premises, the aforementioned restriction shall be
limited to that portion of the establishment specifically covered
by the license.
It shall be unlawful for a person under the
legal age for the consumption of alcoholic beverages established by
the State of New Jersey to purchase, attempt to purchase or have another
purchase for him or her any alcoholic beverages on any licensed premises
for the sale of alcoholic beverages.
A.
It shall be unlawful for any person over the legal
age for the consumption of alcoholic beverages established by the
State of New Jersey to sell, serve, deliver or give, either directly
or indirectly, any alcoholic beverage to any person under the legal
age for the consumption of alcoholic beverages established by the
State of New Jersey in or upon the licensed premises; and it shall
be unlawful to allow, permit or suffer the consumption of any alcoholic
beverage by any person under the legal age for the consumption of
alcoholic beverages established by the State of New Jersey in or upon
the licensed premises.
B.
It shall be unlawful for any person over the legal
age for the consumption of alcoholic beverages established by the
State of New Jersey to buy or secure in any way, either directly or
indirectly, any alcoholic beverage for service, delivery or gift to
any person under the legal age for the consumption of alcoholic beverages
established by the State of New Jersey for consumption in or upon
the licensed premises.
C.
It shall be unlawful for any person over the legal
age for the consumption of alcoholic beverages established by the
State of New Jersey to purchase any alcoholic beverages for or on
behalf of any person under the legal age for the consumption of alcoholic
beverages established by the State of New Jersey with money directly
or indirectly obtained from or to be repaid by such under-aged person
or any other such under-aged person.
It shall be unlawful for any person under the
legal age for the consumption of alcoholic beverages established by
the State of New Jersey to misrepresent or mistake his or her age
for the purpose of inducing any retail licensee or any employee of
any licensee to sell, serve or deliver any alcoholic beverages to
him or her.
A.
In any public place or in any motor vehicle on any
public highway, road, street or alley in the Borough of Paulsboro,
it shall be unlawful for any person under the age for the consumption
of alcoholic beverages established by the State of New Jersey to:
(1)
Attempt to consume or possess any alcoholic beverage.
(2)
Consume or possess any alcoholic beverage.
(3)
Engage in or attempt to engage in, concert with one
or more persons, in an act of consuming or possessing any alcoholic
beverage.
(4)
Distribute, deliver or make available for consumption
of any alcoholic beverages to person under the legal age for the consumption
of alcoholic beverages established by the State of New Jersey, or
to attempt to perform such acts.
(5)
Possess, display, dispense or distribute any alcoholic
beverage out of its original container.
B.
In determining whether or not any of the unlawful acts set forth in Subsection A of this section have been committed, the trier of fact, in addition to or as part of the proofs, may consider the following factors:
(1)
Statement made by an owner or by anyone in control
of the alcoholic beverage.
(2)
The proximity of the defendant to the alcoholic beverage,
his opportunity or ability to consume.
(3)
Whether the alcoholic beverage is unsealed or has
been partially consumed or is in an open or unsealed container such
as a glass or cup.
(4)
Whether the defendant or any person(s) in close proximity
to him exhibits an odor of alcoholic beverage coming from his and/or
their person or exhibits physical conduct, attributes or demeanor
associated with the consumption of alcoholic beverages.
(5)
Direct or circumstantial evidence of the intent of
an owner or of anyone in control of the alcoholic beverage to deliver,
distribute or make available such alcoholic beverage to the defendant
or another person or persons in close proximity to the defendant.
C.
In addition to considering the factors in Subsection B of this section when determining if any of the unlawful acts set forth in Subsection A of this section have been committed, it shall be deemed that an underage person is in possession of any alcoholic beverage and in violation of this section if the underage person is in or on any premises licensed for the sale of alcoholic beverages and in close proximity to an alcoholic beverage.
[Added 3-7-1995 by Ord. No. 0.2.95]
A.
All licensees shall conduct their places of business
in accordance with all applicable laws, ordinances, and regulations.
A violation of any provision of this article shall be punishable,
upon conviction thereof, by a fine not exceeding $1,250, imprisonment
in the county jail not exceeding 90 days or 90 days of community service,
or any combination thereof, at the discretion of the sentencing court.
[Amended 12-17-2002 by Ord. No. 23.02]
B.
When the Municipal Court suspends the imposition of
a defendant's sentence, or a portion thereof, or sentences him to
be placed on probation, the Municipal Court may attach such reasonable
conditions authorized by N.J.S.A. 2C:45-1, including the performance
of community-related services and the imposition of conditions reasonably
related to the rehabilitation of the defendant, including but not
limited to alcoholic rehabilitation programs or other such programs
related to alcoholic education or rehabilitation.
A copy of this ordinance shall be displayed
at all times in every establishment within the Borough of Paulsboro
which is the holder of a plenary retail consumption license, a plenary
retail distribution license or a club license.
