[HISTORY: Adopted by the Mayor and Council of the Borough
of Swedesboro as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-26-1935 (Ch. 48, Art. I, of the 1982 Code)]
This article is for the purpose of fixing license fees and regulating
the sale of alcoholic beverages in the Borough of Swedesboro, County
of Gloucester and State of New Jersey, in accordance with the provisions
of N.J.S.A. 33:1-1 et seq., as amended and supplemented, and in accordance
with the rules and regulations promulgated or to be promulgated by
the State Commissioner of Alcoholic Beverage Control applicable hereto
and in accordance with the rules and regulations existing herein or
hereafter adopted by competent municipal authority not inconsistent
with said Act or said rules and regulations of said State Commissioner.
[Amended 2-8-1949; 3-3-1953; 2-15-1982]
The Mayor and Council of the Borough of Swedesboro shall limit the classes of licenses, as defined in § 80-6 of this article, in number as follows:
It shall be unlawful to sell or distribute alcoholic beverages
otherwise than as provided in this article and/or said Act.
The Mayor and Council of the Borough of Swedesboro, in the County
of Gloucester, shall constitute the authority for the administration
of the issuance of licenses hereunder; provided, however, that no
licenses shall be granted unless it shall appear that a majority of
the whole Council shall vote to issue the same.
All licenses issued hereunder shall be issued for the term of
one year from the first day of July in each year and shall be subject
to and controlled by the provisions of this article and the provisions
N.J.S.A. 33:1-1 et seq. and to such rules and regulations as the State
Commissioner of Alcoholic Beverage Control has now established or
may hereafter promulgate, as well as such other reasonable regulations
as the Borough Council of the Borough of Swedesboro may hereafter
establish.
A.
Plenary retail consumption license. The holder of this license shall be entitled, subject to all rules and regulations governing the same, to sell for consumption in licensed premises any alcoholic beverages by the glass or other receptacle and also to sell all alcoholic beverages in original containers for consumption off the licensed premises. The annual fee shall be as set forth in Chapter 140, Fees.
B.
Plenary retail distribution license. The holder of this license shall be entitled, subject to all rules and regulations governing the same, to sell for consumption any alcoholic beverages for consumption off the licensed premises, but only in original containers. The fees shall be as set forth in Chapter 140, Fees.
C.
Club license. The holder of this license shall be entitled, subject to all rules and regulations governing the same, to sell only to bona fide club members and their guests alcoholic beverages for immediate consumption on the licensed premises only. The annual fee for this license shall be as set forth in Chapter 140, Fees.
D.
Limited retail distribution license. No limited retail distribution
license shall be granted within the Borough of Swedesboro.
[Amended 2-15-1982[1]]
No alcoholic beverages shall be sold, served or delivered to
any person under the age of 21 years, nor shall there be any sale
or delivery of any such beverage to any person wearing a uniform of
the Fire or Police Department of this Borough.
[Amended 1-21-1963; 12-28-1970; 5-7-1979]
A.
Hours designated.
[Amended 11-5-1979; 9-2-1980; 11-2-1981]
(1)
Weekdays and Sundays.
(a)
Weekdays. Holders of plenary retail consumption licenses and
club licenses may sell, serve, deliver and permit the consumption
of alcoholic beverages by the glass or other receptacle on Mondays
through Saturdays between the hours of 7:00 a.m. until 2:00 a.m. the
following day.
(b)
Sundays. Holders of plenary retail consumption licenses and
club licenses may sell, serve, deliver and permit the consumption
of alcoholic beverages by the glass or other receptacle on Sunday
between the hours of 12:00 noon and 12:00 midnight.
(2)
Package sales, off-premises consumption. No holder of a license for the sale of alcoholic beverages for off-premises consumption shall sell or deliver, or allow, permit or suffer the sale or delivery of, any alcoholic beverage, at retail, in its original container for consumption off the licensed premises or allow, permit or suffer the removal of any alcoholic beverage, in its original or opened container, from retail licensed premises before the hour of 9:00 a.m. or after 10:00 p.m., except that the sale of malt alcoholic beverages, in the original bottle or can containers, for consumption off the premises, and the sale of wine, in the original bottle or container, for consumption off the premises shall be permitted as allowed by the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control, by administrative regulation or by the Legislature of the State of New Jersey; provided, however, that the hours for the sale of malt or wine alcoholic beverages in their original bottles or containers for off-premises consumption shall not exceed the hours of sale permitted to plenary retail consumption licensees by Subsection A(1) above.[1]
B.
The times mentioned shall be construed to mean the standard time
of the State of New Jersey as established and defined by N.J.S.A.
1:1-2.3 (P.L. 1955, c. 47).[2]
[2]
Editor's Note: Original § 48-9, Certain sale or service of alcoholic beverages prohibited; § 48-10, Regulations concerning licensee and use of licensed premises; § 48-11, License required; purchases of illicit beverages prohibited; exceptions; and § 48-12, Inspections of licensed premises, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
All buildings for which such licenses are issued shall have
an entrance upon a public thoroughfare of the Borough of Swedesboro.
[Amended 2-15-1982]
A.
Any person who shall sell or distribute any alcoholic beverage without
having complied with or in violation of any of the provisions of this
article shall, upon conviction thereof, be subject to a fine of not
more than $500 or to imprisonment for not more than 90 days, or to
both said fine and imprisonment, in the discretion of the Judge before
whom such person is convicted.
B.
Any license issued pursuant to this article may be suspended or revoked
for violation of any of the provisions of this article or for violation
of any of the provisions of N.J.S.A. 33:1-1 et seq., or its amendments
and supplements, or of any of the rules and regulations promulgated
by the State Commissioner of Alcoholic Beverage Control.[1]
[Adopted 7-7-1980 (Ch. 48, Art. II, of the 1982 Code)]
No person shall consume any alcoholic beverage within the limits
of the Borough of Swedesboro or have in his possession any open alcoholic
beverage container or any container with unconsumed alcoholic beverage
while:
A.
In or on a public street, lane, roadway, avenue, sidewalk, public
parking place, playground, recreation area, school buildings or grounds
or any other public or quasi-public place or in any public conveyance.
C.
Upon any private property not his own without the permission of the
owner or other person having authority to grant such permission.
No person shall discard any alcoholic beverage container upon
any public street, lane, sidewalk, public parking lot or upon any
private property not his own without the permission of the owner.
A.
Notwithstanding the provisions of §§ 80-11 and 80-12 of this article, the Borough of Swedesboro may, by resolution, permit the possession or consumption of alcoholic beverages in a designated park at a designated time or times in connection with a specific event, series of events or observances which have been authorized by the governing body.
B.
Notwithstanding the provisions of §§ 80-11 and 80-12 of this article, the Borough of Swedesboro may by yearly resolution permit the possession or consumption of alcoholic beverages in designated areas at designated time or times in connection with restaurants in the Borough of Swedesboro licensed for the consumption of alcoholic beverages. Said designated areas and designated times shall be set forth in the resolution approving the possession or consumption of alcoholic beverages.
[Added 5-7-2007 by Ord. No. 17-2007]
Any person who shall violate any of the terms or provisions
of this article or who shall commit or do any act or thing prohibited
in this article shall, upon conviction thereof before the Municipal
Court, be imprisoned in the county jail for a term not exceeding 90
days or shall forfeit and pay a fine not exceeding $500, or both.
