[HISTORY: Adopted by the Mayor and Council of the Borough of Emerson as indicated in article histories. Amendments noted where applicable.]
Alcoholic beverages in parks — See Ch. 200.
[Adopted 5-28-1974 by Ord. No. 628 as Chapter 4 of the 1966 Code of the Borough of Emerson]
[Amended 3-15-2005 by Ord. No. 1279]
For licenses hereunder issued, the annual license fees shall be as follows:
[Amended last 5-6-2008 by Ord. No. 1350]
No limited retail distribution licenses shall be issued in the Borough of Emerson.
No more than six plenary retail consumption licenses and not more than two plenary retail distribution licenses shall be issued and outstanding at the same time in the Borough of Emerson.
No plenary retail consumption licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages, or permit consumption of alcoholic beverages upon the licensed premises on a New Year's Day, when a weekday, between the hours of 5:00 a.m. and 7:00 a.m.; on January 2, when New Year's Day falls on a Sunday, between the hours of 5:00 a.m. and 7:00 a.m.; on Sundays, between the hours of 3:00 a.m. and noon; and on other weekdays, between the hours of 3:00 a.m. and 7:00 a.m. In those years when Christmas Day and New Year's Day fall on a Monday, the closing hours shall be between 5:00 a.m. and 7:00 a.m. on December 24 and December 31.
[Amended 12-19-1989 by Ord. No. 964]
During the hours when sales are hereinabove prohibited, the entire licensed premises shall also be closed, but this closing of premises requirement shall not apply to bona fide hotels or to restaurants, as defined in N.J.S.A. 33:1-1t.
No licensee shall sell, serve, deliver or allow, permit or suffer the service or delivery of any alcoholic beverage, directly or indirectly, to any person under the age of 21 years or to any person actually or apparently intoxicated or allow, permit or suffer the consumption of alcoholic beverages by any such person upon the licensed premises.
No licensee shall allow, permit or suffer in or upon the licensed premises any known criminals, gangsters, racketeers, pickpockets, swindlers, confidence men, prostitutes, female impersonators or other persons of ill repute, nor shall any licensee allow, permit or suffer the licensed premises or the licensed business to be used in furtherance or aid of, or in connection with, any illegal activity or enterprise.
No licensee shall allow, permit or suffer in or upon the licensed premises any disturbances, lewdness, immoral activities, brawls or unnecessary noises or allow, permit or suffer the licensed place or business to be conducted in such manner as to become a nuisance.
No licensee shall allow, permit or suffer any lottery to be conducted, or any ticket or participation right in any lottery to be sold or offered for sale, on or about the licensed premises.
No licensee shall engage in or allow, permit or suffer any pool-selling, bookmaking or any playing for money at faro, roulette, rouge et noir or any unlawful game or gambling of any kind, or any device or apparatus designed for any such purpose or any machine or device commonly known as a "pinball machine," on or about the licensed premises.
No licensee shall possess, allow, permit or suffer on or about the licensed premises any slot machine or device in the nature of a slot machine which may be used for the purpose of playing for money or other valuable thing.
No retail distribution licensee shall permit any alcoholic beverages sold by him to be consumed on the licensed premises, nor shall he permit their containers to be opened on the licensed premises.
No licensee shall allow, permit or suffer on or about the licensed premises, or have in his possession or distribute or cause to be distributed, any matter containing any obscene, indecent, filthy, lewd, lascivious or disgusting printing, writing, picture or other such representation.
No licensee shall allow, permit or suffer himself or any other person to work in any capacity on the licensed premises while actually or apparently intoxicated.
The licensed premises shall be so maintained and conducted that a view of the interior may always be had from the exterior thereof.
[Added 8-12-1975 by Ord. No. 646; amended 7-21-1992 by Ord. No. 1003; 5-15-2001 by Ord. No. 1173]
No person shall consume any alcoholic beverages within the limits of the Borough of Emerson, nor have in their possession any opened alcoholic beverage container with any unconsumed alcoholic beverage therein, while:
In or on a public street, lane, roadway, avenue, sidewalk, public parking place, park, playground, recreation area, school building or grounds or any other quasi-public place, not including any Borough building other than school buildings, library or recreation facilities aforesaid or in any other public conveyance.
In a private motor vehicle while the same is in motion or parked in any public street, lane or public parking lot or other public or quasi-public place.
Upon any private property not his own without the express permission of the owner or other person having authority to grant such permission.
Any person under the legal age to purchase alcoholic beverages who knowingly possesses, is under the influence, or is determined to have consumed any alcoholic beverages on private property, any school property, public conveyance, public place or place of public assembly shall be in violation of this article. Upon conviction, such underage person shall be subjected to a fine of $250 for a first offense and $500 for any subsequent offense; perform community service for a period not to exceed 180 days; at the discretion of the Court, have his or her New Jersey driving privilege suspended or postponed for six months; and, if considered necessary by the Court, be referred to an alcoholic treatment program at the defendant’s expense.
[Amended 7-22-2008 by Ord. No. 1347]
This article shall not apply to persons under the legal age to purchase alcoholic beverages who possess or consume alcoholic beverages in the presence of and with the permission of the parent or legal guardian of such person, provided that said legal guardian is of the legal age to purchase alcoholic beverages, or if the alcoholic beverage is being consumed in any religious observance, ceremony or rite. The article shall not apply to possession of an alcoholic beverage by an underage person employed by an alcoholic beverage licensee in the course of performing employment duties.
Notwithstanding anything hereinabove contained to the contrary, the Mayor and Council of the Borough of Emerson, or any legally constituted municipal agency of the Borough, may issue a permit for the possession or consumption of alcoholic beverages in any designated park or other public place under its jurisdiction at the designated park or other public place under its jurisdiction at the designated time or times in connection with a special event, which shall have been authorized by the Mayor and Council or other legally constituted municipal body or agency having the authority to issue such permits. This shall include permits for block parties which shall be requested at least 10 days in advance of the planned block party by a group from the Chief of Police who shall not unreasonably refuse to issue said permit.
Any person, not underage, violating any provisions of this chapter shall be subject to a fine not exceeding $250 for a first offense and a fine of $350 for any subsequent offense.
All alcoholic beverage ordinances or regulations heretofore adopted by the Borough of Emerson are hereby repealed, and all ordinances inconsistent with this chapter are hereby repealed.
[Amended 7-21-1992 by Ord. No. 1003]
Any person violating any provisions of this chapter shall be subject to a fine not exceeding $250 and/or to imprisonment of not more than 90 days and/or community service or, if considered necessary, reference to an alcohol treatment program at the defendant's expense, and/or a period of imprisonment of not more than 90 days.
All alcoholic beverage ordinances or regulations heretofore adopted in the Borough of Emerson are hereby repealed, and all ordinances inconsistent with this chapter are hereby repealed.
[Adopted 7-17-1979 by Ord. No. 719]
There shall be prohibited within the Borough of Emerson the sale of any naturally fermented wine, treated wine, blended wine, fortified wine and sparkling wine for consumption off the licensed premises by any licensee described in N.J.S.A. 33:1-12, Subsection 3b, and no limited retail distribution license shall be issued therefor.