[Amended 12-16-1996 by Ord. No. 1172]
No sales of alcoholic beverages for consumption
on the licensed premises shall be made to any person who appears visibly
intoxicated at the time of sale.
A.
No license shall be issued for the sale of alcoholic
beverages within 200 feet of any church or public school or private
nonprofit school.
B.
This section shall not apply to any licensees who
were in operation prior to the adoption of this chapter. The Mayor
and Council may hear and grant waivers from the requirements of this
section if the grant of such a waiver is approved by the affirmative
vote of two-thirds of the members of the Mayor and Council.
[Amended 12-16-1996 by Ord. No. 1172]
A.
See N.J.S.A. 33:1-81.
B.
Presumption. Any adult who accompanies a person under
the age of 21 years into an establishment in which alcoholic beverages
are served and who permits the person under the age of 21 years to
possess or consume alcoholic beverages shall be presumed to have misrepresented
the age of that person.
C.
Possession. No person under the age of 21 shall possess,
serve, sell or consume any alcoholic beverage in any public place
within the Borough.
D.
Consumption or possession on private property. It
shall be unlawful for any person under the legal age to, without legal
authority, knowingly possess or knowingly consume an alcoholic beverage
on private property in the Borough of River Edge.
[Added 8-6-2001 by Ord. No. 1344]
E.
Exemptions; definitions.
[Added 8-6-2001 by Ord. No. 1344]
(1)
This section does not prohibit possession of alcoholic
beverages by any such person while actually engaged in the performance
of employment by a person who is licensed under Title 33 of N.J.S.A.,
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 educational institution. This section shall
not preclude the imposition of a penalty under N.J.S.A. 33:1-81, or
any other section of law, against a person who is convicted of unlawful
alcoholic beverage activity on or at premises licensed for the sale
of alcoholic beverages.
(2)
This section shall not prohibit an underaged person
from consuming or possessing alcoholic beverages 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.
(3)
"Guardian" is defined as a person who has qualified
as a guardian of the underaged person pursuant to testamentary or
court appointment. "Relative" is defined as the underaged person's
grandparent, aunt or uncle, sibling, or any other person related by
blood or affinity.
F.
Fines and penalties.
[Added 8-6-2001 by Ord. No. 1344]
(1)
Those persons who violate this section will be subject
to a fine of $250 for the first offense and $350 for any subsequent
offense. In addition to the imposition of a fine for a violation of
this offense, the court may suspend or postpone for six months the
driving privilege of the defendant. 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. If a person at the time of imposition of a sentence
is less than 17 years of age, the period of license postponement,
including 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 of New Jersey, the
court shall immediately collect the license and forward it to the
Division of Motor Vehicles 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 written notice shall not be a defense to
a subsequent charge of violation of N.J.S.A. 39:3-40.
(4)
If the person convicted under this section is not
a New Jersey resident, the court shall suspend or postpone, as appropriate,
the nonresident driving privilege of the person based on the age of
the person and submit to the Division of Motor Vehicles 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
of Motor Vehicles shall notify the appropriate officials in the licensing
jurisdiction of the suspension or postponement.
[Amended 3-1-1993 by Ord. No. 1062]
A.
Consumption.
(1)
No person shall consume alcoholic beverages or possess
an open container of alcoholic beverage:
(a)
While in or on a public street, lane or sidewalk,
public parking lot, public or quasi-public place other than a place
licensed to sell and dispense alcoholic beverages for consumption
on the premises or in a public conveyance.
(b)
In a private motor vehicle or other vehicle.
(c)
While upon any private property not his own
without the express permission of the owner or other person having
authority to grant such permission.
(2)
For the purpose of construing the within section,
the term "public or quasi-public place" shall mean all areas generally
opened to the public and places of public accommodation. Excluded
from the definition herein shall be restaurants located within the
jurisdiction of the Borough of River Edge.
B.
No person shall possess open containers of alcoholic beverages in any of the places prohibited in Subsection A(1) hereof.
C.
This section shall not apply to any person or member
of a group which has obtained a valid permit from any state, county
or municipal agency.
