[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.
[Amended 11-1-1999 by Ord. No. 1999-589]
No alcoholic beverages shall be sold, served, consumed in or
delivered to any licensed premises:
A. On weekdays between the hours of 2:00 a.m. and 7:00 a.m.;
B. On Sunday between the hours of 2:00 a.m. and 9:00 a.m.; and
C. On New Years Day, when it is a Sunday, between the hours of 6:00
a.m. and 9:00 a.m. When it is a weekday, there shall be no limitation.
[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. A public street, lane, roadway, avenue, sidewalk, public parking
place, park, playground, recreation area or any other public or quasi-public
place.
C. 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.
D. 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]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
GUARDIAN
A person who is qualified as a guardian of the underage person
pursuant to testamentary or court appointment.
RELATIVE
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.
B. 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.
C. Penalties; fines.
(1) The fine for such an offense under this section shall
be $250 for a first offense and $350 for any subsequent offense.
(2) 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.