This article is enacted under the authority
granted by N.J.S.A. 33:1-1 et. seq., "An Act Concerning Alcoholic
Beverages," being Chapter 436, P.L. 1933, as supplemented and amended,
and in accordance with the rules and regulations promulgated by the
Director of the Division of Alcoholic Beverage Control of the State
of New Jersey and other applicable laws of the State of New Jersey.
For the purposes of the 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 Glen Gardner, 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 Glen Gardner 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 Glen Gardner, 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, and provided further that nothing contained herein shall
prevent the issuance of at least one plenary distribution license
by the Borough Council in accordance with New Jersey laws and regulations.
No licensee shall sell, serve or deliver or
allow or permit the sale, service or delivery of any alcoholic beverage,
directly or indirectly, to any person under the age of 19 years or
to any person actually or apparently intoxicated, or allow or permit
the consumption of any alcoholic beverage by any such person in or
upon the licensed premises.
[Adopted 11-5-1985 by Ord. No. 85-8]
As used in this article, the following terms
shall have the following meanings:
PUBLIC PLACE
Any place to which the public has access and shall include
any street, highway, road, alley or sidewalk. It shall also include
the front or the neighborhood of any store, shop, restaurant, tavern
or other place of business and public grounds, areas, parks as well
as parking lots or other vacant private property not owned by or under
the control of the person charged with violating this article, or
in any case of a minor, not owned by or under control of his or her
parent or guardian.
No person shall discard alcoholic beverage containers
upon any public street, lane, sidewalk, public parking lot, public
or quasi-public place or upon any private property not his or her
own without the express permission of the owner.
Notwithstanding the provisions of §§
49-11 and
49-12 of this article, the Mayor and Council may by resolution permit the possession or consumption of alcoholic beverages in a public or quasi-public place other than a place licensed to sell and dispense alcoholic beverages for consumption on the premises where the permission of the owner of such public or quasi-public place has been obtained and where such possession or consumption shall be in connection with a designated time or times for a specific event, series of events or observance which has been authorized by the governing body.
Any violation of the provisions of this article
shall be punishable by a fine not exceeding $1,000, imprisonment for
a term not to exceed 90 days and/or a period of community service
not to exceed 90 days. Each day that the violation continues to exist
shall constitute a separate offense.