[HISTORY: Derived from the 1969 Revised General Ordinances of the Borough of Spotswood (adopted by the Borough Council 5-11-1970 by Ord. No. 278, as amended through 9/94) as indicated in article histories. Subsequent amendments noted where applicable.]
[Derived from Ch. VIII of the 1969 Revised General Ordinances]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Spotswood in accordance with the provisions of an act of the legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages," comprising Chapter 436 of the Laws of 1933, its supplements and amendments, and also comprising N.J.S.A. 33:1-1 et seq., and in accordance with the rules and regulations of the State Director of Alcoholic Beverage Control.
For the purposes of this article, words and phrases herein shall have the same meanings as they have in N.J.S.A. 33:1-1 et seq., and in the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
Laws applicable. All applications for licenses, all licenses issued, and all proceedings under this article shall be in accordance with the Act, rules and regulations referred to in the previous section and all other applicable laws of the State of New Jersey or of the United States.
Issuing authority. All licenses required by this article shall be issued by the Borough Council, which shall also administer the provisions of this article.
License required. No person shall sell or distribute alcoholic beverages within the Borough without having obtained a license in accordance with the Act referred to in § 40-1 and the provisions of this article.
License fees; maximum number.
The provisions of this subsection with respect to the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued.
[Amended 11-1-1999 by Ord. No. 1999-589]
No alcoholic beverages shall be sold, served, consumed in or delivered to any licensed premises:
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article or any provision of any applicable statute or any of the rules and regulations of the State Director of Alcoholic Beverage Control.
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-31 by service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for a hearing.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.
Restrictions. No plenary retail consumption license or plenary retail distribution license shall be issued, or a place-to-place transfer of an existing license granted, for the sale of alcoholic beverages upon premises which are within 500 feet of any existing premises licensed for the sale of alcoholic beverages under another plenary retail consumption or plenary retail distribution license. The distance shall be measured from the nearest entrance of the nearest licensed premises to the nearest entrance of the premises sought to be licensed in the normal way that a pedestrian would properly walk, as provided in N.J.S.A. 33:1-76.
Exceptions. Subsection A shall not apply in the following cases: a transfer or a sale of any existing license which is presently located within 500 feet of another licensed premises, except that such distance shall be established as a minimum distance for the purpose of future grants and transfers of that particular license.
Limited licenses. When, and if, the State of New Jersey permits the sale of alcoholic beverages, including but not necessarily limited to beer, ale and wine, by retail food stores without the necessity of securing a retail license as heretofore required, such stores permitted to sell such alcoholic beverages shall adhere to the five-hundred-foot minimum distance above stated from any existing alcoholic retail sales license presently in existence. Where two retail food stores are within 500 feet of each other and/or a presently existing plenary license and not within 500 feet of any existing plenary retail sale license, the Borough Council, in its discretion, shall decide which of either or whether both food stores shall be permitted to sell the alcoholic beverages. In deciding competing applications, the Borough Council shall consider the location of the applicant to schools, churches and residential zones, the location of such store, physical condition of the store and the absence of violations of the existing Health and Building Codes. In the event a food store qualifies for such sale, then no more than 10% of the selling area shall be devoted to the sale of alcoholic beverages.
[Derived from Sec. 6-11 of the 1969 Revised General Ordinances]
No person shall drink, imbibe, or consume any alcoholic beverages in or upon:
A public street, lane, roadway, avenue, sidewalk, public parking place, park, playground, recreation area or any other public or quasi-public place.
A public conveyance.
A private motor vehicle while the same is in motion or parked in any public street, lane, public parking lot, or public or quasi-public place.
Any private property, not his or her own, without the express permission of the owner or other person having authority to grant such permission.
For the purpose of this article, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGE
- Any fluid or solid capable of being converted into a fluid, suitable for human consumption, and having an alcoholic content of more than 1/2 of 1% by volume, including alcohol, beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes or any mixture of the same, and fruit juices.
Notwithstanding the provisions contained in § 40-7, the Borough Council of the Borough may, by resolution, permit the possession or consumption of alcoholic beverages in a designated park, recreation area or other public place at a designated time or times in connection with a special event, series of events or observance which has been authorized by the Borough Council, which possession or consumption of alcoholic beverages shall, in addition, comply with any applicable ordinances, laws or regulations.
[Added 6-24-2007 by Ord. No. 2007-08]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- A person who is qualified as a guardian of the underage person pursuant to testamentary or court appointment.
- An underage person's parent, grandparent, aunt, uncle, sibling, first cousin or closer relative by blood, marriage or adoption who has attained the legal age to purchase and consume alcoholic beverages.
Violations; exceptions. Any person under the legal age to purchase and consume alcoholic beverages who, without legal authority, knowingly possesses, orders, purchases, serves or consumes alcoholic beverages or who is under the influence of alcoholic beverages within the municipal boundary of the Borough of Spotswood shall be in violation of this section and subject to the penalties hereof. This section shall not apply to an underage person consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite 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. This section shall not apply to any underage person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the New Jersey Statutes 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 postsecondary educational institution; however, this section shall not be construed to preclude the imposition of a penalty under this section, 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.
The fine for such an offense under this section shall be $250 for a first offense and $350 for any subsequent offense.
The court may further suspend or postpone for six months the driving privilege of the defendant in addition to the fine authorized for this offense. If a person at the time of the imposition of the 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 up to six months after the defendant reaches the age of 17 years. If a person at the time of the imposition of such sentence under this section has a valid driver's license issued by the state, the court shall immediately collect the license and forward same to the New Jersey Motor Vehicle Commission with the report.