Borough of Paulsboro, NJ
Gloucester County
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Table of Contents
Table of Contents
[Adopted 7-6-1954 by Ord. No. 351; amended in its entirety 11-18-1980 by Ord. No. 0.15.80]

§ 6-16 Entry on licensed premises restricted.

[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.

§ 6-17 Purchase or attempt to purchase; sale, service or delivery.

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.

§ 6-18 Misrepresentation of age.

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.

§ 6-19 Unlawful possession, consumption, distribution and delivery.

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]

§ 6-20 Violations and penalties.

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.

§ 6-21 Posting and display of regulations.

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.