[HISTORY: Adopted by the Borough Council
of the Borough of Chesilhurst as indicated in article histories. Amendments
noted where applicable.]
[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.
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.
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.
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.
[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:
A person who has qualified as a guardian of the underage
person pursuant to testamentary or court appointment.
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.
