[HISTORY: Adopted by the Mayor and Council
of the Borough of Newfield as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 188.
[Adopted 10-3-1938 (Ch. 75, Art. I, of the 1991 Code)]
[Amended 8-13-1991 by Ord. No. 91-5[1]]
The Council of the Borough of Newfield shall
issue plenary retail consumption licenses and plenary retail distribution
licenses for the sale and distribution of alcoholic beverages pursuant
to the authority contained in the New Jersey Alcoholic Beverage Control
Act (N.J.S.A. 33:1-1 et seq.), and the amendments thereof and the
supplements thereto, when the applications therefor shall be approved
by the Borough Council, under the restrictions, conditions and regulations
contained therein and in this Article provided.
A.
The number of licenses to sell alcoholic beverages
in the Borough of Newfield shall be limited as follows:
B.
The limitation herein proposed shall not prevent the
renewal of licenses issued and outstanding at the time this article
is adopted, nor the transfer of such licenses and the renewal thereof
according to law.
All licenses shall be issued for a term of one
year from the first of July in each year and shall terminate June
30 of the following year, provided that the fees for any such license
shall be prorated according to the date of such license and based
on the annual fee as in this article provided.
[Amended 11-11-1958;9-12-1959; 3-11-1997 by Ord. No. 97-3; 3-10-1998 by Ord. No.
98-2]
[Amended 8-11-1970; 11-9-1982 by Ord. No. 82-14]
A.
The sale
of alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m.
on Monday through Saturday and between the hours of 2:00 a.m. and
9:00 a.m. on Sunday is hereby prohibited.
The holder of any plenary retail consumption
license or plenary retail distribution license shall maintain, operate
and conduct his business and the premises upon which said business
is maintained, operated and conducted in accordance with and subject
to the provisions of the statutes of the State of New Jersey and of
the United States and any regulations issued under authority thereof
and in accordance with the conditions, restrictions, and regulations
in this article provided.
A.
Unless otherwise provided by Title 33 of the New Jersey
Statutes Annotated, any person or entity who shall violate any of
the provisions of this chapter shall, upon conviction thereof, be
subject to a fine of not more than $2,000, or by imprisonment for
a term not exceeding 90 days, or a period of community service not
exceeding 90 days. The continuation of such violations for each successive
day shall constitute a separate offense.
B.
Any license awarded pursuant to this chapter may be
suspended or revoked by the governing body for the violation of any
of the provisions of this chapter or for the violation of any of the
provisions of the applicable New Jersey statute or any of the rules
and regulations promulgated by the State Director of Alcoholic Beverage
Control, in addition to the penalty set forth in the preceding subsection
of this section.
[Adopted 6-4-1934 (Ch. 75, Art. II, of the 1991 Code)]
[Added 11-9-1982 by Ord. No. 82-14]
With regard to the consumption of alcoholic
beverages in the Borough of Newfield, it shall be unlawful for any
person to:
A.
Consume alcoholic beverages while in or on a public
street, lane, sidewalk, public or quasi-public place or in any public
conveyance without the express permission of the owner or other person
having authority to grant such permission.
B.
Consume alcoholic beverages while in a private motor
vehicle while the same is in motion or parked in any public street,
lane or public or quasi-public parking lot.
C.
Consume alcoholic beverages while upon any private
property not his own without the express permission of the owner or
any other person having authority to grant such permission.
D.
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 own without the express
permission of the owner.[2]
[2]
Editor's Note: Former § 75-9, Purchases by or for persons under legal age, and § 75-10, Sales to persons under legal age, both added 11-9-1982 by Ord. No. 82-14 and amended 10-11-1983 by Ord. No. 83-9, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 11-9-1982 by Ord. No. 82-14]
No alcoholic beverage licensee shall allow,
permit or suffer in or upon the licensed premises any disturbances,
lewdness, illegal or immoral activity, brawls or unnecessary noises,
nor allow, permit or suffer the licensed place of business to be conducted
in such a manner as to become a nuisance.
[Added 11-9-1982 by Ord. No. 82-14]
A.
Unless otherwise provided by Title 33 of the New Jersey
Statutes Annotated, any person or entity who shall violate any of
the provisions of this chapter shall, upon conviction thereof, be
subject to a fine of not more than $2,000, imprisonment for not more
than 90 days, and/or a period of community service not exceeding 90
days, in the discretion of the court. The continuation of such violations
for each successive day shall constitute a separate offense.
[Amended 8-13-1991 by Ord. No. 91-5[1]]
B.
Any license awarded pursuant to this chapter may be
suspended or revoked by the governing body for the violation of any
of the provisions of this chapter or for the violation of any of the
provisions of the applicable New Jersey statute or any of the rules
and regulations promulgated by the State Director of Alcoholic Beverage
Control, in addition to the penalty set forth in the preceding subsection
of this section.
