Borough of Chesilhurst, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Chesilhurst as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Drug- and alcohol-free zones — See Ch. 199.
Large gatherings — See Ch. 251.
Parks and recreation areas — See Ch. 338.
[Adopted 3-14-2002 by Ord. No. 2002-1]
It shall be unlawful to sell or distribute alcoholic beverages other than as provided in this article and the applicable laws and regulations of this state.
It shall be unlawful to sell or distribute alcoholic beverages within the Borough of Chesilhurst without having first obtained a license to do so.
[Amended 7-3-2008 by Ord. No. 2008-4]
A copy of this article shall be displayed at all times in every establishment within the Borough of Chesilhurst which is the holder of a club license, a plenary retail consumption license or a plenary retail distribution license. No seasonal retail consumption or limited retail distribution license shall be issued in the Borough.
[Amended 7-3-2008 by Ord. No. 2008-4; 6-4-2009 by Ord. No. 2009-7[1]]
The fees for licenses issued pursuant to this article shall be as follows:
A. 
Club license: $188 per year.
B. 
Plenary retail distribution license: $576 per year.
(1) 
The annual fee for plenary retail distribution licenses for licensing terms after 2010-2011 shall be as follows:
License Term
Annual Fee
2011-2012
$691.20
2012-2013
$829.44
2013-2014
$995.33
2014-2015
$1,194.39
2015-2016
$1,433.27
2016-2017
$1,719.93
2017-2018
$2,063.91
2018-2019
$2,476.69
2019-2020
$2,500
(2) 
The maximum yearly license fee of $2,500 shall apply for the license term of 2019-2020 and each term thereafter unless and until increased by state law and further authorized amendment.
C. 
Plenary retail consumption license: $864 per year.
(1) 
The annual fee for plenary retail consumption licenses for licensing terms after 2010-2011 shall be as follows:
License Term
Annual Fee
2011-2012
$1,036.80
2012-2013
$1,244.16
2013-2014
$1,492.99
2014-2015
$1,791.59
2015-2016
$2,149.91
2016-2017
$2,500
(2) 
The maximum yearly license fee of $2,500 shall apply for the license term of 2016-2017 and each term thereafter unless and until increased by state law and further authorized amendment.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
All receipts from payment of license fees shall be turned over to the Borough Clerk when and as received.
The Borough Clerk is hereby designated as the proper person to sign all licenses.
[Amended 7-3-2008 by Ord. No. 2008-4]
The maximum number of licenses in effect in the Borough at any one time shall be five. Nothing in this section shall be construed to prevent the transfer of a license from person to person, subject to Borough Council approval, as provided in Title 33 of the New Jersey Statutes Annotated or the applicable state rules and regulations established thereto. Any such transfer shall not be affected by any limitation placed by this section upon the issuance of new licenses.
[Amended 9-12-2002 by Ord. No. 2002-5]
Any licensed business entity is permitted to sell and to serve alcoholic beverages for consumption on the licensed premises during the weekdays and Saturdays and Sundays from 11:00 a.m. until 2:00 a.m. the following day.
[Amended 9-12-2002 by Ord. No. 2002-5]
Any lawfully licensed business entity is permitted to sell and to deliver alcoholic beverages for consumption off the licensed premises in the original container during the weekdays and Saturdays and Sundays from 10:00 a.m. until 10:00 p.m.
[Amended 7-3-2008 by Ord. No. 2008-4]
Any sale or service not made within the hours permitted herein is deemed to be a violation of this article, and the licensee shall be subject to any sanctions or punishment as prescribed pursuant to the Borough Code of the Borough of Chesilhurst and/or the statutes and regulations of the State of New Jersey.
A. 
During the hours that the sale of alcoholic beverages are prohibited, the entire licensed premises shall be closed with the exception as provided in Subsection B, and no person shall be admitted or permitted to remain thereon except the licensee or bona fide employees of the licensee, but this closing requirement shall not apply to hotels or to restaurants as defined in N.J.S.A. 33:1-1t.
B. 
Notwithstanding the provisions of §§ 110-8 and 110-9, no licensee shall permit any patron, customer, or any other person not employed or engaged in performing services on behalf of any licensee to remain within any premises in which alcoholic beverages are licensed to be sold or otherwise dispensed later than 1/2 hour after the designated closing hour(s) aforesaid.
A licensee may exercise all of the rights and privileges of his license during the hours permitted, subject to any restrictions and prohibitions of the State of New Jersey.
No licensee or agent, servant or employee of said licensee shall sell, serve, deliver or allow, permit or offer the service or delivery of any alcoholic beverage, directly or indirectly, to any person under the age of 21 years or allow, permit or suffer the consumption of alcoholic beverages by any such person upon the licensed premises.
It shall be unlawful for any person under the age of 21 years to:
A. 
Enter any premises licensed for the sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her any alcoholic beverage;
B. 
Consume any alcoholic beverage on premises licensed for the sale of alcoholic beverages;
C. 
Purchase, attempt to purchase or have another purchase for him or her any alcoholic beverage on any premises licensed for the sale of alcoholic beverages;
D. 
Misrepresent or misstate his or her age for the purpose of inducing any retail licensee or any employee of any retail licensee to sell, serve or deliver any alcoholic beverage to him or her.
Every license shall be exposed to public view in a conspicuous place in the place licensed. Any failure to display the license shall be presumptive evidence that the place where alcoholic beverages are being sold is unlicensed.
[Amended 7-3-2008 by Ord. No. 2008-4[1]]
Any license issued pursuant to this article may be suspended or revoked for violation of any provision of this article, or any amendments thereto, or any provision of Title 33 of the New Jersey Statutes, and any amendments or supplements thereto, or any of the rules and regulations of the State Director of the Division of Alcoholic Beverage Control. Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Any person violating any of the provisions of this article, upon conviction, shall be subject to a fine not exceeding $2,000, imprisonment for a period not exceeding 90 days and/or a period of community service not exceeding 90 days.
B. 
When the Municipal Court suspends the imposition of a sentence, or a portion thereof, or sentences an offender to be placed on probation, the Municipal Court may attach such reasonable conditions authorized by N.J.S.A. 2C:45-1, including the performance of community related services, and the imposition of conditions reasonably related to the rehabilitation of the offender, including but not limited to alcoholic rehabilitation programs or other such programs related to alcoholic education or rehabilitation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 12-10-2009 by Ord. No. 2009-12]
It shall be unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property in the Borough.
As used in this article, the following terms shall have the meanings set forth:
GUARDIAN
A person who has qualified as a guardian of the underage person pursuant to testamentary or court appointment.
RELATIVE
The underaged person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.
A. 
Any person violating the provisions of this article shall, in accordance with the provisions of N.J.S.A. 40:48-1.2, be punished by a fine of $250 for a first offense and $350 for any subsequent offense.
B. 
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 Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to N.J.S.A. 40:48-1.2. If a person at the time of the imposition of sentence 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.
C. 
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 Division of Motor Vehicles 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 the sex of the person, as well as the first and last date of the license suspension period imposed by the court.
D. 
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 written notice in writing. Failure to receive a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
E. 
If a person convicted under this article is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresidential driving privilege of the person based on the age of the person and submit it to the Division of Motor Vehicles 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 Division of Motor Vehicles shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
A. 
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 connection with a religious observance, ceremony or rite or consuming or possession 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.
B. 
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 a 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 premises licensed for the sale of alcoholic beverages.
Copies of this article shall be provided to the Chief Financial Officer, Tax Collector, and Borough Clerk for their information and attention.
A. 
All other powers conveyed and reserved to the Borough of Chesilhurst, by N.J.S.A. 40:48-1.2, as now or hereafter amended, not specifically set forth in this article are hereby incorporated by reference and enacted by the Borough of Chesilhurst.
B. 
Any provisions of this article inconsistent with the provisions of N.J.S.A. 40:48-1.2, as now or hereafter amended, are hereby modified or repealed to the extent of such inconsistencies, but all other parts of this article shall remain in full force and effect.