[HISTORY: Adopted by the Township Council of the Township of Chester as indicated in article histories. Amendments noted where applicable.]
Alcoholic beverages in parks — See Ch. 130, Art. 1.
[Adopted 5-1-1990 by Ord. No. 10:8-90]
No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on licensed premises on weekdays between the hours of 2:00 a.m. and 7:00 a.m. or on Sundays between the hours of 2:00 a.m. and 10:00 a.m., except January 1 of each year.
On January 1 of each year, no licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on the licensed premises between the hour of 5:00 a.m. and the hour above designated for weekdays and Sundays, respectively, when sales may be resumed.
The hours above referred to shall be prevailing time.
[Amended 2-19-1991 by Ord. No. 10:4-91; 3-3-1992 by Ord. No. 10:4A-92; 2-2-1993 by Ord. No. 10:4B-93; 3-1-1994 by Ord. No. 10:4C-94; 2-21-1995 by Ord. No. 10:8A-95; 4-2-1996; 3-4-1997; 11-16-2004]
The annual fees for licenses to sell alcoholic beverages are hereby fixed as follows:
Not more than one club license shall be issued and outstanding in the Township of Chester.
Any person who shall violate this chapter shall be subject, upon conviction, to one or more of the following: a fine of not less than $100 nor more than $1,000, imprisonment for not more than 90 days or a period of community service not to exceed 90 days, in the discretion of the Court. Each day's continued violation shall constitute a separate offense.
[Adopted 3-20-2007 by Ord. No. 2007-3]
It shall be unlawful for any person under the legal age, without legal authority, to knowingly possess or consume an alcoholic beverage on private property except as provided for below.
Any person convicted of violating the provisions of this article shall, in accordance with the provisions of N.J.S.A. 40:48-1.2, as amended, be punished by a fine not to exceed $250 for the first offense and not to exceed $350 for any subsequent offense.
In addition to the fine authorized for this offense, the court may suspend or postpone for six months the driving privileges 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 New Jersey Motor Vehicle Commission stating the first and last day of suspension or postponement period of that person's driver's license imposed by the court pursuant to N.J.S.A. 40:48-1.2, as amended. If a person at the time of the imposition is less than 17 years of age, the period of license postponement, including a 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.
If a person at the time of the imposition of a sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the New Jersey Motor Vehicle Commission 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 suspension period imposed by the court.
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 a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
If a person convicted under this article 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 it to the Motor Vehicle Commission on the required report. The court shall not collect the license of a nonresident convicted under this article. Upon receipt of a report from the court, the Motor Vehicle Commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
Nothing contained in this article is intended nor shall it be construed as prohibiting an underaged person from 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.
As used in the preceding Subsection A, the following terms shall have the meanings as set forth hereinbelow:
- A person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
- The underaged person's grandparent, aunt or uncle, sibling or any other persons related by blood or affinity.
Nothing contained in this article is intended nor shall it be construed as prohibiting 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 the Revised Statutes 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; provided, however, that this article shall not be construed to preclude the imposition of a penalty under this article, 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 the premises licensed for the sale of alcoholic beverages.