[HISTORY: Adopted by the Borough Council of the Borough of Hampton as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-9-1981 by Ord. No. 6-81]
This article is enacted to regulate the distribution and sale of alcoholic beverages in the Borough of Hampton, under the authority of Title 33 of the Revised Statutes of New Jersey and in accordance with the rules and regulations promulgated by the Director of the Division of Alcoholic Beverages Control of the State of New Jersey.
For the purpose of this article, words and phrases herein shall have the same meanings as they have in N.J.S.A. 33:1-1 et seq., and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
The Mayor and Borough Council of the Borough of Hampton, being the governing body of said municipality, shall constitute the authority for the issuance of licenses and to otherwise administer the provisions of this article.
It shall be unlawful to sell or distribute alcoholic beverages in the Borough of Hampton without a valid license currently in effect or contrary to the provisions of this article or applicable state laws and regulations.
The number of licenses permitted for each class of license shall be determined according to the procedure established by the Division of Alcoholic Beverage Control, based on current population figures for the Borough of Hampton, provided that nothing herein contained shall prevent the renewal of any existing plenary retail consumption licenses outstanding, nor transfers thereof, nor the renewal of such licenses so transferred, in accordance with state laws and regulations.
[Amended 11-9-1992 by Ord. No. 14-92]
There shall be three classes of licenses issued in the Borough of Hampton, as follows:
The annual fees of licenses for the sale or distribution of alcoholic beverages in the Borough of Hampton shall be as follows:
[Amended 5-24-1982; 6-25-1984; 6-13-1989 by Ord. No. 8-89; 6-11-1990 by Ord. No. 9-90]
The annual fee for a plenary retail distribution license shall be the highest fee permitted by law.
Regular. No alcoholic beverages shall be sold, delivered or served to or consumed in any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m. except Sundays and New Year's Day each year as hereinafter provided.
Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 2:00 a.m. and 10:00 a.m.
[Amended 5-8-2000 by Ord. No. 11-00]
New Year's Day. On January 1, alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises from the hours of 4:00 a.m. to 7:00 a.m. unless January 1 is a Sunday, in which case alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 4:00 a.m. and 10:00 a.m.
[Amended 5-8-2000 by Ord. No. 11-00].
Closing of premises. During the hours that sales are prohibited by this section, the entire licensed premises shall be closed. This provision shall not apply, however, to bona fide hotels, bona fide restaurants as defined in N.J.S.A. 33:1-1t, bona fide clubs and other establishments where the principal business activity is other than the sale of alcoholic beverages. Such establishments may remain open during the prohibited hours in order to carry on normal business activities, except the sale of alcoholic beverages. If such premises remain open, however, the bar and any other place upon the licensed premises from which the sale or service of alcoholic beverages is made shall be closed and no alcoholic beverages shall be sold, served, delivered or consumed therein.
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any habitual drunkard, intoxicated person or minor, nor permit the consumption of alcoholic beverages on any licensed premises by any of the above-named classes or persons or permit any such persons to congregate in or about the licensed premises.
Except as otherwise provided in Title 33 of the New Jersey Statutes Annotated, any person violating any provision of this article shall, upon conviction thereof, be subject to a fine not exceeding $2,000, imprisonment for a term not to exceed 90 days and/or a period of community service not exceeding 90 days. Each day such violations are committed or permitted to continue shall constitute a special offense and shall be punishable as such.
[Amended 11-9-1992 by Ord. No. 14-92]
In addition to the penalties above prescribed, the Borough Council of the Borough of Hampton shall have the power to suspend or revoke the license of any person for violation of any of the provisions of this article or of any of the provisions of the alcoholic beverages statutes of the State of New Jersey or of any of the rules and regulations of the Division of Alcoholic Beverage Control of the State of New Jersey and, upon such determination, shall have the authority to assess against the licensee the costs to the Borough in prosecuting the violation.
[Added 6-11-1990 by Ord. No. 9-90]
Liquor licenses other than those previously issued shall be issued pursuant to N.J.S.A. 33:1-19.3, namely, to the highest qualified bidder at a public sale pursuant to qualifications and conditions to be established by resolution by the Mayor and Council. The yearly fee for said license shall be the highest permitted by law.
[Adopted 12-9-1991 by Ord. No. 21-91]
As used in this article, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGE
- Any fluid, or solid capable of being converted into a fluid, suitable for human consumption and having an alcoholic content of more than 1/2% by volume, including beer, ale, still and sparkling wines, distilled liquors, blended liquors, fermented fruit juices or any brewed, fermented or distilled liquors fit for use, for human consumption, or any mixture of the same.
It shall be unlawful for any person to consume or offer to another for consumption any alcoholic beverage in or upon any public street, road, alley, sidewalk, railroad right-of-way, parking lot which is generally open to the public, park or shopping plaza or upon any outdoor facility owned or operated by the Borough of Hampton.
It shall be unlawful for any person to possess any alcoholic beverage in or upon any public street, road, alley, sidewalk, railroad right-of-way, parking lot which is generally open to the public, park, shopping plaza or upon any outdoor facility owned or operated by the Borough of Hampton unless such alcoholic beverage is contained within an original, sealed or closed container.
It shall be unlawful for any person to possess in open containers or consume or offer for consumption any alcoholic beverage in or upon any private property within the Borough of Hampton unless the person possessing, consuming or offering such alcoholic beverage is the owner or lessee of such private property or an invitee who has the permission or consent of the owner or lessee of such property to possess or consume alcoholic beverages thereon.
The provisions of this article shall not apply to the possession or consumption of alcoholic beverages pursuant to a special permit issued by the Council of the Borough of Hampton or the Division of Alcoholic Beverage Control of the State of New Jersey, when the person possessing or consuming alcoholic beverages is doing so in accordance with the terms and conditions of said permit and at the location authorized by said permit.
Nothing herein contained shall be construed to prohibit the consumption, possession or sale of alcoholic beverages on premises which are duly licensed, pursuant to a retail consumption, retail distribution, retail transit, wholesale or club license issued by the governing body of the Borough of Hampton or by the Division of Alcoholic Beverage Control of the State of New Jersey.
For purposes of this article, it shall be presumed that any container labeled as containing an alcoholic beverage contains said beverage with the amount of alcohol, by volume, marked on the label, without the necessity of chemically analyzing the contents.
Any person who violates any of the provisions of this article shall be subject to a penalty as follows:
As an alternative or in addition to the penalties set forth herein, a period of community service not to exceed 90 days.
[Added 4-24-1995 by Ord. No. 4-95]