[Adopted 12-30-1957 (Ch. 32, Art. I, of the 1974 Code)]
[Amended 6-12-1990; 10-11-2000]
Annual fees for plenary retail consumption licenses shall be
the sum equal to the maximum sum permissible under the statutes under
the State of New Jersey, and annual fees for club licenses shall be
the sum of $150.
[Amended 10-11-2000]
A.
The following types of licenses are permitted:
(1)
Plenary retail consumption licenses as defined within Title 33 of
the New Jersey Statues, except that no plenary retail consumption
license shall be issued in the Borough of Westville unless and until
fewer than five such licenses are issued and outstanding, but nothing
herein shall be deemed to prevent renewal of such licenses not issued
and outstanding or the transfer of such licenses from person to person
or from place to place.
(2)
Club licenses as such are defined within Title 33 of the New Jersey
Statutes and N.J.A.C. 13:2-8.1 et seq.
B.
No seasonal retail consumption, plenary retail distribution or limited
retail distribution license shall be issued in the Borough of Westville.
A.
No licensee shall sell, serve or deliver or allow, permit or suffer
the sale, service or delivery of any alcoholic beverage or allow the
consumption of any alcoholic beverage on the licensed premises on
New Year's Day when it is a Monday through Saturday between the
hours of 4:00 a.m. and 7:00 a.m. and on New Year's Day, when
it is a Sunday, between the hours of 4:00 a.m. and 12:00 noon, on
Mondays between the hours of 12:00 midnight and 7:00 a.m. and on any
Tuesday through Saturday, other than New Year's Day, between
the hours of 2:00 a.m. and 7:00 a.m. and on Sundays, other than New
Year's Day, between the hours of 2:00 a.m. and 12:00 noon.
[Amended 8-9-1994; 2-11-1997]
B.
During the hours that sales are hereinabove prohibited, the entire
licensed premises shall also be closed, but this closing-of-premises
requirement shall not apply to bona fide hotels or to restaurants
as defined in N.J.S.A. 33:1-1t.
[Amended 9-13-1977[1]]
A.
No person under the legal age shall be permitted in any room or retail
licensed premises in which a bar is located unless personally accompanied
or escorted by an adult. The word "bar" as used herein means a bar
over which alcoholic beverages are served to consumers.
B.
It shall be unlawful for any person to purchase for or serve to any
person under the legal age any alcoholic beverage for consumption
on licensed premises.
[Added 4-27-1981]
A.
Possession of an alcoholic beverage.
(1)
A person shall be deemed to be in possession of an alcoholic beverage
within the meaning of this article if he intends to or does exercise
custody, control or dominion over such alcoholic beverage; provided,
however, that actual physical or manual possession is not required
if the intention to exercise such custody, control or dominion over
the alcoholic beverage is manifested from the direct or circumstantial
evidence where it is reasonable to infer that the capacity to do so
exists.
(2)
Possession, custody or control need not be exclusive but may be jointly
exercised by two or more persons. A person shall be presumed to be
jointly in possession, custody or control of the alcoholic beverage
if the owner or person in physical control of the alcoholic beverage
is in close proximity to him and the alcoholic beverage is not sealed
or has been partially consumed.
B.
Consumption of an alcoholic beverage. A person shall be deemed to
consume if he drinks, swallows or imbibes any fluid or solid capable
of being converted into a fluid. A person shall be presumed to have
consumed such alcoholic beverage in violation of the provisions of
this article if the owner or other person in physical control of the
alcoholic beverage is in close proximity to him, the alcoholic beverage
is not sealed or has been partially consumed and he emits an odor
of alcoholic beverage coming from his person or exhibits physical
conduct, attributes or demeanor associated with the consumption of
alcoholic beverages; or if a person is in possession of an alcoholic
beverage that is not sealed or has been partially consumed or is in
a container such as a glass or cup and the person emits an odor of
alcoholic beverage coming from his person or exhibits physical conduct,
attribute or demeanor associated with the consumption of alcoholic
beverages.
C.
Intent to consume an alcoholic beverage. A person shall be deemed
to intend to consume an alcoholic beverage in violation of this article
if that person is in physical custody of an alcoholic beverage in
a container such as a glass or cup or an alcoholic beverage in an
unsealed or open bottle, can or other such beverage container which
has been partially consumed.
[Amended 9-13-1977; 4-27-1978]
A.
In any public place or in any motor vehicle on any public highway,
road, street or alley in the Borough of Westville it shall be unlawful
for any person under the legal age for the consumption of alcoholic
beverages established by the State of New Jersey to:
(1)
Attempt to consume or possess any alcoholic beverage.
(2)
Consume or possess any alcoholic beverage.
(3)
Engage in or attempt to engage in, in concert with one or more persons,
an act of consuming or possessing any alcoholic beverage.
(4)
Distribute, deliver or make available for consumption any alcoholic
beverages to persons under the legal age for the consumption of alcoholic
beverage established by the State of New Jersey, or to attempt to
perform such acts.
(5)
Possess, display, dispense or distribute any alcoholic beverage out
of its original container.
B.
In determining whether or not any of the unlawful acts set forth in Subsection A of this section have been committed, the trier of fact, in addition to or as part of the proofs, may consider the following factors:[1]
(1)
Statements made by an owner or by anyone in control of the alcoholic
beverage.
(2)
The proximity of the defendant to the alcoholic beverage and his
opportunity or ability to consume.
(3)
Whether the alcoholic beverage is unsealed or has been partially
consumed or is in an open or unsealed container such as a glass or
cup.
(4)
Whether the defendant or any person(s) in close proximity to him
exhibits an odor of alcoholic beverage coming from his and/or their
person or exhibits physical conduct, attributes or demeanor associated
with the consumption of alcoholic beverages.
(5)
Direct or circumstantial evidence of the intent of an owner or of
anyone in control of the alcoholic beverage to deliver, distribute
or make available such alcoholic beverage to the defendant or another
person or persons in close proximity to the defendant.
[Added 4-27-1981]
A.
No person acting individually or participating with one or more persons
shall consume or attempt to consume an alcoholic beverage or possess,
display or dispense any alcoholic beverage out of its original container:
(1)
While in a public place; private place of which he is not an owner,
tenant or lawful occupant; or in any public conveyance, without permission
of any owner, tenant, lawful occupant or any person having the authority
to grant such permission.
(2)
While in or on any property owned by the Borough of Westville, in
the County of Gloucester, without the permission of the Borough of
Westville.
(3)
While in a private motor vehicle in motion on or parked in any public
place, or upon any private place of which he is not an owner, tenant
or lawful occupant without the express permission of the property
owner, tenant, lawful occupant or other person having the authority
to grant such permission.
B.
In determining whether or not any of the unlawful acts set forth in Subsection A of this section have been committed, the trier of fact, in addition to or as part of the proofs, may consider the following factors:
(1)
Statement made by an owner or by anyone in control of the alcoholic
beverage.
(2)
The proximity of the defendant to the alcoholic beverage and his
opportunity or ability to consume.
(3)
Whether the alcoholic beverage is unsealed or has been partially
consumed or is in an open or unsealed container such as a glass or
cup.
(4)
Whether the defendant or any person(s) in close proximity to him
exhibits an odor of alcoholic beverage coming from his and/or their
person or exhibits physical conduct, attributes or demeanor associated
with the consumption of alcoholic beverages.
(5)
Direct or circumstantial evidence of the intent of an owner or anyone
in control of the alcoholic beverage to deliver, distribute or make
available such alcoholic beverage to the defendant or any other person
or persons in close proximity to the defendant.
[Amended 9-13-1977[1]]
No licensee shall sell, serve or deliver, or allow, permit or
suffer the sale, service or delivery of, any alcoholic beverage, directly
or indirectly, to any person under the legal age or to any person
actually or apparently intoxicated, or allow, permit or suffer the
consumption of any alcoholic beverage by any such person in or upon
the licensed premises.
All portions of licensed premises in which alcoholic beverages
are sold and dispensed shall have reasonable, clear access of view
from the exterior of such premises.
[Amended 9-13-1977; 4-27-1981]
A.
Any person violating any of the provisions of this article, upon
conviction, shall be subject to a fine of not less than $100 nor more
than $500 and to imprisonment in the county jail for a period not
exceeding six months; provided, however, that the minimum mandatory
fine for the second or any subsequent conviction within the Borough
of Westville shall be $100.[1]
B.
When the Municipal Court suspends the imposition of a defendant's
sentence, or a portion thereof, or sentences him 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 defendant, including but not limited to alcohol
rehabilitation programs or other such programs related to alcohol
education or rehabilitation.
