Township of Buena Vista, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Buena Vista as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-8-1974 by Ord. No. 125 (Ch. 33, Art. I, of the 1993 Code)]
The Township Committee of the Township of Buena Vista shall issue plenary retail consumption licenses, plenary retail distribution licenses and club licenses pursuant to the authority contained in an Act passed by the State Legislature entitled "An Act Concerning Alcoholic Beverages," and the amendments thereof and supplements thereto,[1] when the applications therefor shall be approved by the Township Committee under the restrictions, conditions and regulations contained therein and in this article provided.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
[Amended 3-9-1981 by Ord. No. 166-1981; 3-26-1984 by Ord. No. 179-1984; 11-6-2006 by Ord. No. 11-2006; 6-13-2011 by Ord. No. 4-2011; 4-25-2016 by Ord. No. 24-2016]
A. 
Plenary retail consumption. For the applicable license fee(s) for a plenary retail consumption license, please refer to Chapter 133, Fees and Charges, Article VII, Liquor License Fees.
B. 
Plenary retail distribution. For the applicable license fee(s) for a plenary retail distribution license, please refer to Chapter 133, Fees and Charges, Article VII, Liquor License Fees.
C. 
Club. For the applicable license fee(s) for a club license, please refer to Chapter 133, Fees and Charges, Article VII, Liquor License Fees.[1]
[1]
Editor's Note: Original § 33-3, Distance regulations; exception, was repealed 7-12-2004 by Ord. No. 6-2004.
A. 
No seasonal retail consumption license shall be issued or granted for any premises within the Township of Buena Vista.
B. 
No limited retail distribution license shall be issued or granted for any premises within the Township of Buena Vista.
[1]
Editor's Note: Original Subsection A of this section, which prohibited the issuance of a license for the sale of alcoholic beverages in or upon any premises in which any mercantile business is carried on, was repealed 5-10-1993 by Ord. No. 258-1993; amended in its entirety 1-24-1994 by Ord. No. 270-1994. Such matter is covered by state law and/or regulations of the Division of Alcoholic Beverage Control.
[Amended 9-27-2004 by Ord. No. 9-2004; 12-13-2004 by Ord. No. 13-2004]
A. 
Except as provided in Subsection B hereof, no licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages or permit any consumption of alcoholic beverages on the licensed premises between the hours of 2:01 a.m. and 7:00 a.m. Nothing in this subsection shall be deemed to prohibit consumption of alcoholic beverages on the licensed premises by the licensee or by bona fide employees of the licensee.
B. 
On January 1 of each year (New Year's Day), the above hours of closure shall be between 4:01 a.m. and 7:00 a.m.
C. 
During the hours that sales of alcoholic beverages are herein above prohibited, the entire licensed premises shall be closed, and no person other than the licensee and his bona fide employees shall be permitted to remain thereon, but this closing-of-premises requirement shall not apply to bona fide hotels, to restaurants as defined in N.J.S.A. 33:1-1(5), to clubs as provided for in N.J.S.A. 33:1-12(5), and State Regulation No. 7, nor to other establishments where the principal business is other than the sale of alcoholic beverages.
A. 
Any person violating any provision of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, § 1-15.
[Amended 5-10-1993 by Ord. No. 258-1993; 1-24-1994 by Ord. No. 270-1994[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Nothing herein shall be construed in derogation of the rights and powers conferred upon the issuing authority by the aforementioned Act of the Legislature or any rules or regulations promulgated by the Division of Alcoholic Beverage Control.
[1]
Editor's Note: Original sections 6 through 13, which immediately preceded this section and established certain regulations with regard to licensed premises, have been superseded by statute and/or the regulations of the Division of Alcoholic Beverage Control and were therefore repealed 5-10-1993 by Ord. No. 258-1993; amended in its entirety 1-24-1994 by Ord. No. 270-1994.
[Adopted 10-24-1977 by Ord. No. 144-1977 (Ch. 33, Art. II, of the 1993 Code)]
It shall be unlawful to drink or to possess in an open container any alcoholic beverage on any public street, sidewalk, avenue, alley, highway or other thoroughfare or on any public park or beach or on any public or private lot or in any motor vehicle thereon within the Township of Buena Vista at any time.
It shall be presumed that any person drinking or possessing in an open container any alcoholic beverage on any private lot within the Township of Buena Vista, other than a residence, does not have the consent of the owner of the lot to engage in such activity.
A. 
It shall be unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property. The violation of this section shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense. In addition to the fine authorized for this offense, the driving privilege of the defendant may be suspended or postponed for six months.
B. 
Exemption from prosecution.
(1) 
An underage person and one or two other persons acting in concert with the underage person shall be immune from prosecution under an ordinance authorized by N.J.S.A. 40:48-1.2 prohibiting any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property if:
(a) 
One of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption;
(b) 
The underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator;
(c) 
The underage person was the first person to make the 9-1-1 report; and
(d) 
The underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call, remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene.
(2) 
The underage person who received medical assistance as provided in Subsection B(1) of this section also shall be immune from prosecution under this section.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any organized religious, civic, educational or charitable organization shall be exempt from the application of this article, provided that said organization, prior to conducting the prohibited activity, shall file with and receive from the Township Clerk a certificate of exemption.
Any person violating any provision of this article shall be punishable as provided in Chapter 1, General Provisions, § 1-15.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).