[HISTORY: Adopted by the Mayor and Council of the Borough of Harrington Park as indicated in article histories. Amendments noted where applicable.]
Adopted 4-20-1987 by Ord. No. 368 (Ch. 4 of the 1967 Code)]
[Amended 1-18-2005 by Ord. No. 577; 6-19-2012 by Ord. No. 672]
Fees for the following licenses shall be as provided in the fee schedule:
Plenary retail consumption license upon renewal.
Plenary retail distribution license upon renewal..
Club license upon renewal.
The licenses listed in § 93-1 shall not exceed one of each kind.
The hours between which the sales of alcoholic beverages under a plenary retail consumption license may be made are as follows:
The aforementioned hours shall be the local time in use, whether Eastern standard time or daylight saving time.
[Amended 4-18-2011 by Ord. No. 658]
Plenary retail distribution license hours of sale of alcoholic beverages are governed by the Division of Alcoholic Beverage Control of the State of New Jersey, except for the club license, which hours are the same as provided in § 93-3.
[Amended 4-18-2011 by Ord. No. 658]
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be subject to the penalties in Chapter 164, Fines and Penalties, in the discretion of the court.
[Adopted 6-21-2004 by Ord. No. 568]
As used in this article, the following terms shall have the meanings indicated.
- A person who has qualified as a guardian of the underage person pursuant to a testamentary or court appointment.
- The underage person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.
It is hereby unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.
Nothing contained in this article is intended, nor shall it be construed, to prohibit an underage person from consuming or possessing an alcoholic beverage in connection with a religious observance, rite or ceremony, or 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.
Nothing in this article is intended nor shall be construed to prohibit possession of alcoholic beverages by any underage person while actually engaged in the performance of employment by a person who is licensed under New Jersey Statutes Title 33, 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 education 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.
Any person violating the provisions of this article shall be subject to a fine of $250 for the first offense and a fine of $350 for any subsequent offense.
An underage person and one or two other persons acting in concert with the underage person shall be immune from prosecution under this article if:
One of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption;
The underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator;
The underage person was the first person to make the 9-1-1 report; and
The underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene.