[HISTORY: Adopted by the Township Committee of the Township
of Mendham as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Ch. VI of the 1998 Revised General Ordinances]
This article is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Mendham 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 the Division of Alcoholic
Beverage Control.
For the purpose 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.
A.
Laws applicable. All applications for licenses, all licenses issued,
and all proceedings under this article shall be in accordance with
the Act, rules and regulations referred to in the previous section
and all other applicable laws of the State of New Jersey or of the
United States.
B.
Issuing authority. All licenses required by this article shall be
issued by the Township Committee, which shall also administer the
provisions of this article.
C.
License required. No person shall sell or distribute alcoholic beverages within the Township without having obtained a license in accordance with the Act referred to in § 87-1 and the provisions of this article.
A.
Hours of sale. No alcoholic beverages shall be sold, served, consumed
in or delivered to any licensed premises on weekdays between the hours
of 2:00 a.m. and 7:00 a.m.; on Sunday between the hours of 3:00 a.m.
and 12:30 p.m.; and on New Year's Day when it is a Sunday between
the hours of 5:00 a.m. and 12:30 p.m., and when it is a weekday, between
the hours of 5:00 a.m. and 7:00 a.m.
B.
Sale in original containers. No licensee shall sell or deliver, or
allow, permit or suffer the sale or delivery of any alcoholic beverages
at retail in original containers for consumption off the licensed
premises on Sunday, or before 9:00 a.m. or after 8:00 p.m. on any
other day of the week.
C.
Sales to certain persons. No licensee or employee of a licensee shall
sell, serve, deliver, or allow, permit or suffer, directly or indirectly,
the service or delivery of any alcoholic beverages to any intoxicated
person or person under the legal age, or permit the consumption of
alcoholic beverages on any licensed premises by any of the above named
persons.
[Added 4-12-1999 by Ord. No. 7-1999]
D.
Closing provisions. During the hours that the sale of alcoholic beverages
is prohibited, the entire licensed premises shall be closed and no
person shall be admitted or permitted to remain thereon except the
licensee or bona fide employees of the licensee.
[Added 4-12-1999 by Ord. No. 7-1999]
A.
Any license issued under this chapter may be suspended or revoked
for violation of any of the provisions of this chapter or any provision
of any applicable statute or any of the rules or regulations of the
State Director of Alcoholic Beverage Control.
B.
Proceedings for suspension or revocation shall be in accordance with
the provisions of N.J.S.A. 33:1-31 by service of a five-day notice
of charges preferred against the licensee and affording a reasonable
opportunity for hearing.
C.
Suspension or revocation of a license shall be in addition to any
other penalty which may be imposed for a violation of this chapter.
[Added 4-12-1999 by Ord. No. 7-1999]
A.
Entering premises. It shall be unlawful for a person under the legal
age to enter any premises licensed for the retail sale of alcoholic
beverages for the purpose of purchasing, or having served or delivered
to him or her, any alcoholic beverage.
B.
Consumption; purchase. It shall be unlawful for a person under the
legal age to consume any alcoholic beverage on premises licensed for
the retail sale of alcoholic beverages, or to purchase, attempt or
purchase or have another purchase for him or her any alcoholic beverage.
C.
Misrepresentation of age. It shall be unlawful for a person to misrepresent
or misstate his or her age or the age of any other person for the
purpose of inducing any retail licensee to sell, serve or deliver
any alcoholic beverage to a person under the legal age.
D.
Violations and penalties. Any person who shall violate any of the
provisions of this article shall be deemed and adjudged to be a disorderly
person, and upon conviction thereof and in accordance with N.J.S.A.
33:1-81, shall be punished by a fine of not less than $500. In addition,
the court shall suspend the person's license to operate a motor
vehicle for six months or prohibit the person from obtaining a license
to operate a motor vehicle in the state for six months beginning on
the date he becomes eligible to obtain a license or on the date of
conviction, whichever is later. In addition to the general penalty
prescribed for an offense, the Court may require any person under
the legal age to purchase alcoholic beverages who violates this article
to participate in an alcohol education or treatment program authorized
by the Department of Health for a period not to exceed the maximum
period of confinement prescribed by law for the offense for which
the individual has been convicted.[1]
[Adopted 10-24-2006 by Ord. No. 21-2006]
It shall be unlawful for any person under the legal age to,
without legal authority, knowingly possess or knowingly consume an
alcoholic beverage on private property.
A.
Any person violating the provisions of this article shall, in accordance
with the provisions of N.J.S.A. 40:48-1.2, be punished by a fine of
$250 for a first offense and $350 for any subsequent offense.
B.
In addition to the fine authorized for this offense, the court may
suspend or postpone for six months the driving privileges of the defendant.
Upon 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 N.J.S.A. 40:48-1.2. If a person at the time of the imposition
of 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.
C.
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 of Motor Vehicles
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.
D.
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 license 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 written notice in writing. Failure
to receive written notice shall not be a defense to a subsequent charge
to a violation of N.J.S.A. 39:3-40.
E.
If a person convicted under this article is not a New Jersey resident,
the court shall suspend or postpone, as appropriate, the nonresidential
driving privilege of the person based on the age of the person and
submit it to the Division of Motor Vehicles on the required report.
The court shall not collect the license of a nonresident convicted
under this article. Upon receipt of a report from the court, the Division
of Motor Vehicles shall notify the appropriate officials in the licensing
jurisdiction of the suspension or postponement.
A.
Nothing contained in this article is intended, nor shall it be construed
as prohibiting an underaged person from 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.
B.
GUARDIAN
RELATIVE
As used in this article, the following terms shall have the meaning
set forth:
A person who has qualified as a guardian of the underaged
person pursuant to testimony or court appointment.
The underaged person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
C.
Nothing contained in this article is intended, nor shall it be construed
as prohibiting possession of alcoholic beverages by any such 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 a hotel management program at a county vocational school or postsecondary
educational institution; provided, however, that this article shall
not be construed to preclude the imposition of a penalty under this
article, 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.
