[HISTORY: Adopted by the Council of the City
of Northfield as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-9-1950 by Ord. No. 16-1950; amended in its entirety 4-20-1982 by Ord. No.
4-82 (Ch. 48 of the 1974 Code)]
[Amended 5-28-1985 by Ord. No. 10-85; 5-19-1987 by Ord. No.
9-87; 4-17-1990 by Ord. No. 8-90; 3-7-2000 by Ord. No. 2-2000; 12-16-2003 by Ord. No. 11-2003; 8-14-2007 by Ord. No. 8-2007; 8-10-2010 by Ord. No.
10-2010]
The annual fee for a plenary retail consumption
license and/or a plenary retail distribution license shall be $2,500.
The annual fee for a club license shall be $150.
A.
No licensee shall sell, serve or deliver, or allow,
permit or suffer the sale, service or delivery of, any alcoholic beverages
nor permit the consumption of any alcoholic beverage upon the licensed
premises on New Year's Day, when it is a weekday, between the hours
of 5:00 a.m. and 11:00 a.m.; on other weekdays between the hours of
3:00 a.m. and 8:00 a.m.; and on other Sundays between the hours of
3:00 a.m. and 11:00 a.m. At all such hours when such sale would otherwise
be permitted on the premises, the licensee shall be permitted on all
days, inclusive of Sundays, to sell for off-premises consumption beer,
wine and distilled spirits so long as the sale of same is in compliance
with all applicable state laws.
B.
During the hours that sales are prohibited, the entire
licensed premises shall also be closed, but the closing-of-premises
requirement shall not apply to hotels and restaurants as defined in
N.J.S.A. 33:1-1t nor to clubs as set forth in Paragraph 5 of N.J.S.A.
33:1-12 and State Regulation No. 7, or any applicable amendments thereto.
[Added 3-21-1989 by Ord. No. 6-89]
A.
Presence. No person under the legal age shall be allowed
in any premises where alcoholic beverages are sold or served for consumption
on the premises, unless accompanied by that person's parent or guardian.
However, a person under the legal age may enter any licensed premises
in the regular pursuit of his or her business, trade or occupation
or to purchase food or to be a guest in a bona fide hotel or restaurant.
B.
Purchase of alcoholic beverages by a person under
the legal age. No person under the legal age shall purchase, attempt
to purchase or have another purchase for that person any alcoholic
beverages on any premises licensed for the sale of alcoholic beverages.
C.
Purchase of alcoholic beverages for a person under
the legal age. No person shall purchase or attempt to purchase alcoholic
beverages for a person under the legal age. It shall be unlawful for
any person to induce or attempt to induce any licensee or any employee
of a licensee to sell, serve or deliver alcoholic beverages to a person
under the legal age.
D.
Misstating age. No person shall misstate his or her age or the age of another person for the purpose of inducing any licensee or the licensee's employee to sell, serve or deliver any alcoholic beverages to a person under the legal age or to permit a person under the legal age to remain on any premises in violation of Subsection A.
E.
Presumption. Any parent or guardian of a person under
the legal age who accompanied such person under the legal age into
a premises in which alcoholic beverages are served and who permits
the person under the legal age to possess or consume alcoholic beverages
shall be presumed to have misrepresented the age of the person under
the legal age.
F.
Possession. Nothing in this section shall apply to
possession of alcoholic beverages by any person while actually engaged
in the performance of employment pursuant to an employment permit
issued by the Director of Alcoholic Beverage Control or for a bona
fide hotel or restaurant, in accordance with the provisions of N.J.S.A.
33:1-26.
[Added 3-21-1989 by Ord. No. 6-89; amended 6-24-2014 by Ord. No.
4-2014]
No person shall be in, at or upon any place
to which the public has access, including, but not limited to, public
streets, highways, roads, thoroughfares, sidewalks, bridges, alleys,
plazas, beaches, parks, bike paths, any areas used for recreation,
amusement or shopping, public transportation facilities, vehicles
used for public transportation, parking lots or any other public buildings,
structures or areas in the City not licensed for the sale, service
or delivery of alcoholic beverages or in any automobile or other vehicle
upon any street, highway or alley with an open bottle, can, container
or other receptacle which contains or recently contained an alcoholic
beverage.
[Added 3-21-1989 by Ord. No. 6-89]
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. 33:1-1 et seq. by service
of a five-day notice of charges preferred against the licensee and
affording a reasonable opportunity for hearing. Any suspension or
revocation shall carry the penalties and prohibitions provided in
the statutes referred to herein.
[Amended 4-24-2012 by Ord. No. 3-2012]
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.
[Amended 3-21-1989 by Ord. No. 6-89]
A.
Any licensee who shall violate or fail to comply with
the provisions of this chapter shall, upon conviction, have his, her
or its license subject to such penalties as provided by law.
[Adopted 6-24-2014 by Ord. No. 3-2014]
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.[1]
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
of 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 post-secondary
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.
