[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:
B.
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]
(1)
The annual fee for a plenary retail distribution license
shall be the highest fee permitted by law.
A.
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.
B.
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]
C.
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].
D.
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.
A.
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[1]]
B.
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:
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.
A.
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.
B.
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.
