[HISTORY: Adopted by the Mayor and Council of the Borough of Kinnelon 10-21-1943 by Ord. No. 29 (Ch. 42 of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 38.
Police Department — See Ch. 56.
Retail food handling establishments — See Ch. 219.
[Amended 12-18-1952 by Ord. No. 4-52]
No licenses known as "seasonal retail consumption licenses" or "club licenses," as defined in Title 33 of the Revised Statutes of the State of New Jersey, 1937, its supplements and amendments, shall hereafter be issued by the Mayor and Council of the Borough of Kinnelon.
[Amended 9-21-1961 by Ord. No. 5-61; 5-1-1972 by Ord. No. 9-72; 9-20-1973 by Ord. No. 5-73; 11-17-1977 by Ord. No. 17-77; 2-19-2009 by Ord. No. 2-09; 7-18-2013 by Ord. No. 2-13]
The fee for a plenary retail consumption license (No. 33) for the annual statutory period shall be payable by certified check, cash or money order, as follows:
Year
Fee
2013
$414
2014
$497
2015
$596
2016
$715
2017
$858
2018
$1,030
2019
$1,236
2020
$1,483
2021
$1,780
2022
$2,136
2023 and after
$2,500
[Amended 6-18-1981 by Ord. No. 8-81]
A. 
No licensee shall serve, deliver or allow, permit or suffer the sale or delivery of any alcoholic beverage for consumption on the premises on weekdays between the hours of 3:00 a.m. and 7:00 a.m. or on Sundays between the hours of 3:00 a.m. and 11:00 a.m., except for New Year's Day. When New Year's Day shall fall on a weekday, sale for consumption on the premises shall be permitted at all times, and when the same shall fall on a Sunday, sale for consumption on the premises shall be prohibited between the hours of 5:00 a.m. and 11:00 a.m.
B. 
No licensee shall sell or deliver or allow, permit or suffer the sale or delivery of any alcoholic beverage, at retail, in its original or opened container from retail licensed premises before 9:00 a.m. or after 10:00 p.m. on any day of the week, except that the sale of malt alcoholic beverage and wine in original bottle or can containers for consumption off the premises is permitted during the times as set forth in Subsection A above.
C. 
During the hours that sales are prohibited, the entire licensed premises shall be closed except for the licensee and his or her employees.
Any plenary retail consumption license in the Borough may be suspended or revoked for violation of the provisions of this chapter in accordance with the procedure established by N.J.S.A. 33:1-31.
[Added 12-18-1952 by Ord. No. 4-52; amended 9-21-1961 by Ord. No. 5-61; 5-1-1972 by Ord. No. 9-72; 9-20-1973 by Ord. No. 5-73; 11-17-1977 by Ord. No. 17-77; 2-19-2009 by Ord. No. 2-09; 7-18-2013 by Ord. No. 2-13]
No more than one plenary retail distribution license (No. 44) as defined in N.J.S.A. 33:1-1 et seq., and the amendments and supplements thereto, shall be issued and outstanding in the Borough of Kinnelon at one and the same time. The fees for a plenary retail distribution license for the annual statutory period shall be payable by certified check, cash or money order, as follows:
Year
Fee
2013
$377
2014
$452
2015
$542
2016
$650
2017
$780
2018
$936
2019
$1,123
2020
$1,347
2021
$1,616
2022
$1,939
2023
$2,326
2024 and after
$2,500
[Amended 5-1-1972 by Ord. No. 9-72; 7-21-1988 by Ord. No. 12-88; 6-21-1990 by Ord. No. 4-90]
Any person, firm or corporation violating this chapter shall be subject, upon conviction, to one or more of the following at the discretion of the court: a fine not to exceed $1,000 or imprisonment in the county jail for a term not to exceed 90 days or community service not to exceed 90 days.
[Added 12-16-1982 by Ord. No. 16-82]
A. 
No person shall consume alcoholic beverages or have in his possession any unsealed container with alcoholic beverages therein while in or upon any public street, roadway, sidewalk, parking area, park or recreation area or any other public or quasi-public place to which the public is generally invited, whether publicly or privately owned, except in such instances when permission shall be given by the Mayor and Council for a specific use, in which event a resolution shall set forth the name of the organization receiving such permission, the date and hours of permitted use, and any other limitations or restrictions which might be deemed appropriate. This Subsection A shall include, but not be limited to, shopping centers, parking areas and roadways. This Subsection A shall not apply to restaurants which permit patrons to bring beer and/or wine to the establishments (commonly known as "BYOB") in accordance with applicable statute.
[Amended 7-18-2013 by Ord. No. 3-13; 6-26-2019 by Ord. No. 06-19]
B. 
No person shall consume alcoholic beverages or have in his possession any unsealed container with alcoholic beverages therein while in a private motor vehicle or public conveyance, while the same is in motion or parked in any public street, roadway or parking area or any other public or quasi-public street, roadway or parking area to which the public is generally invited, whether publicly or privately owned.[1]
[1]
Editor's Note: Former Subsection C, requiring permission to consume or possess alcoholic beverages on another person's property, and which immediately followed this subsection, was repealed 5-17-2012 by Ord. No. 9-12.
[Added 5-17-2012 by Ord. No. 9-12; amended 5-21-2015 by Ord. No. 6-15]
A. 
Purpose.
(1) 
The Borough of Kinnelon does hereby declare that the abuse of alcohol is a serious problem affecting the health and welfare of all citizens. The Borough does further declare and determine that all reasonable steps should and must be taken to discourage and prohibit the possession and consumption of alcohol by underage persons.
(2) 
This section shall only be enforced as a secondary violation and requires another violation to precede it as the reason for entering upon the private property.
(3) 
The purpose of this section also is to provide for the enforcement of P.L. 2000, c. 33.[1]
[1]
Editor's Note: See N.J.S.A. 40:48-1.2.
B. 
Definitions. As used in this section, the following terms shall be defined as follows:
GUARDIAN
A person who is qualified as a guardian of the underage person pursuant to testamentary or court appointment.
RELATIVE
The 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.
C. 
Violation; exception. Any person under the legal age to purchase and consume alcoholic beverages who, without legal authority, on private property, 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 Kinnelon shall be in violation of this section and subject to the penalties hereof.
(1) 
This section shall not apply to the following:
(a) 
An underage person consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite;
(b) 
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;
(c) 
An underage person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised 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.
(2) 
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.
D. 
Responsibility of property owner.
(1) 
Any person who makes real property that is owned, leased or managed by such person, or over which such person has actual and effective control, available to persons who are under the legal age for consuming alcoholic beverages with the knowledge that alcoholic beverages will he made available for consumption or will he consumed by persons who are under the legal age for consuming alcoholic beverages shall be in violation of this section and subject to penalties hereof. Any person who, within the Borough of Kinnelon, leaves real property, owned, leased or managed by such person or over which such person has actual and effective control in the care of another person with the knowledge that alcoholic beverages will be made available for consumption by or will be consumed by persons who are under the legal age for consuming alcoholic beverages shall be in violation of this section and subject to penalties hereof. This section shall not apply if:
(a) 
The real property is licensed or required to be licensed by the Division of Alcoholic Beverage Control in accordance with the provisions of N.J.S.A. 33:1-1 et seq.;
(b) 
The person making the property available or leaving it in the care of another person is of the legal age to consume alcoholic beverages and is the parent or guardian or first cousin or closer relative by blood, marriage or adoption of the person who consumes alcoholic beverages while under legal age for consuming alcoholic beverages; or
(c) 
The alcoholic beverages are consumed by a person under the legal age for consuming alcoholic beverages during a religious observance, ceremony or rite.
(2) 
This section shall not apply to those actions constituting a violation of law as set forth in N.J.S.A. 2C:33-17 or any successor statute.
E. 
Violations and penalties.
(1) 
Any person under the legal age to purchase alcoholic beverages who knowingly possesses or knowingly consumes an alcoholic beverage on private property shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense. The court may, in addition, in egregious circumstances such as defendants with prior offenses, defendants where the violation involves a motor vehicle, or for defendants who have caused a significant danger to themselves or others, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a 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 of six months after the person reaches the age of 17 years.
(2) 
In lieu of, or in combination with, the fine and/or license suspension imposed pursuant to Subsection E(1) of this section, the court may exercise discretion to order the defendant to complete six hours of alcohol education in a formal classroom setting.
(3) 
If a person, at the time of the imposition of a sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Division, along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color and sex of the person, as well as the first and last date of the license suspension period imposed by the court.
(4) 
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
(5) 
If the person convicted under such an ordinance is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Division the required report. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
F. 
Duty of law enforcement officer. All law enforcement officers of the Borough of Kinnelon are hereby directed to apprehend any person observed by such officer to be in violation hereof and any person for whom the officer has probable cause to believe to be in violation hereof.