[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.
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is carried on, was repealed 5-10-1993 by Ord.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.
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.
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.
