[HISTORY: Adopted by the Mayor and Council of the Township
of Mount Olive 3-7-1967 by Ord. No. 3-67 (Ch. 78 of the 1990 Code).
Amendments noted where applicable.]
[Amended 6-26-1976 by Ord. No. 22-79]
Annual license fees shall be as follows:
A.
Plenary retail consumption: $1,040.
[Amended 3-22-1988 by Ord. No. 14-88; 3-27-1990 by Ord. No. 11-90; 5-15-1990 by Ord. No. 18-90; 4-9-2002 by Ord. No. 12-2002; 2-28-2006 by Ord. No.
2-2006; 8-19-2008 by Ord. No. 45-2008]
B.
Plenary retail distribution: $960.
[Amended 3-22-1988 by Ord. No. 14-88; 3-27-1990 by Ord. No. 11-90; 5-15-1990 by Ord. No. 18-90; 4-9-2002 by Ord. No. 12-2002; 2-28-2006 by Ord. No.
2-2006; 8-19-2008 by Ord. No. 45-2008]
C.
Club: $150.
[Amended 7-18-1967 by Ord. No. 11-67; 5-5-1981 by Ord. No. 5-81; 1-26-1982 by Ord. No. 2-82; 11-9-1982 by Ord. No. 20-82]
A.
Except as set forth in Subsections B and C of this section, a licensee may sell, serve, deliver or allow, permit or suffer the sale, service or delivery of the following alcoholic beverages or permit the consumption of the following alcoholic beverages on licensed premises as follows:
(1)
Wine and malt alcoholic beverages for consumption on or off the premises,
Monday through Saturday, inclusive, from 7:00 a.m. until 2:00 a.m.
of the following day and Sunday from 10:00 a.m. until 2:00 a.m. of
the following day.
(2)
Distilled spirits for consumption on premises, Monday through Saturday,
inclusive, from 7:00 a.m. until 2:00 a.m. of the following day and
Sunday from 10:00 a.m. until 2:00 a.m. of the following day.
(3)
Distilled spirits as package goods for off-premises consumption only,
between the hours of 9:00 a.m. until 10:00 p.m., Monday through Saturday,
and between the hours of 10:00 a.m. and 10:00 p.m. on Sunday.
B.
On January 1 of each year and every year, regardless of whether the
same shall fall on a Sunday, no licensee shall sell, serve, deliver
or allow, permit or suffer the sale, service, delivery or consumption
of any alcoholic beverage on licensed premises between the hours of
5:00 a.m. and 12:00 noon.
C.
During the hours when the sale, service and delivery of alcoholic
beverages is prohibited by ordinance now in effect or hereafter adopted
by the Township Council, all licensed premises operating under a plenary
retail consumption license must be closed, and the licensee shall
allow no person other than employees to remain on the licensed premises,
except the following:
(1)
Restaurants, as defined in N.J.S.A. 33:1-1t, may remain open after
the hours when the sale, service, delivery or consumption of alcoholic
beverages is prohibited.
(2)
Licensees operating under a club license, as defined in Title 33
of the New Jersey Statutes Annotated, its supplements and amendments
and the rules and regulations of the Director, Division of Alcoholic
Beverage Control of New Jersey.
D.
During the hours when the sale, service, delivery or consumption
of alcoholic beverages is prohibited by ordinance now in effect or
hereafter adopted by this Township Council, all licensed premises
operating under a club license and restaurants shall keep the room
in which alcoholic beverages are kept for sale, commonly known as
the "barroom," and all rooms where alcoholic beverages are stored
firmly closed and securely locked, and the licensee or any of its
employees or any other persons shall not enter or be allowed to enter
therein.
All licensed premises under this chapter where alcoholic beverages
are served or dispensed shall comply with the minimum standards of
sanitation as promulgated and compiled by the Board of Health of the
State of New Jersey, pursuant to legislation enacted with reference
to establishments and places where food or drink are sold or distributed
in a manner other than in the same sealed or wrapped packages or containers
in which it was received, and all other applicable statutes and ordinances
of the Township of Mount Olive.[1]
No licensee shall sell, serve, deliver or allow, permit or suffer
the service or delivery of any alcoholic beverage, directly or indirectly,
to any person under the age of 21 years or any person actually or
apparently intoxicated or allow, permit or suffer the consumption
of alcoholic beverages by any such person upon the licensed premises.
All licensed premises under this chapter where alcoholic liquor
is served or dispensed shall be subject to the right of inspection
by any member of the police force or any member of the Township Committee
of the Township of Mount Olive, Morris County, New Jersey, for the
purpose of determining whether all state and local rules, regulations,
ordinances and statutes are complied with.
[1]
Editor's Note: Former § 106-6, Proximity of licensed
premises, added 4-25-1972 by Ord. No. 10-72, as amended, was repealed
9-20-2016 by Ord. No. 20-2016.
[Added 7-24-1979 by Ord. No. 30-79]
A.
No person shall, within the limits of the Township of Mount Olive,
consume any alcoholic beverages or offer to another for consumption
alcoholic beverages:
(1)
In a parking area adjacent to any licensed premises for the sale
of alcoholic beverages.
(2)
Within or on a public street, lane, roadway, avenue, sidewalk, public
parking place, public playground, public school building or public
school grounds. The word "public," as used herein, shall be limited
in meaning to that property which is either owned in fee or by easement
or other right held by the Township of Mount Olive or other governmental
entity.
(3)
While in or about any parking area open to the general public, whether
said parking area is owned or otherwise controlled by any governmental
or private entity. The words "public place," as used herein, shall
not be applicable to any premises owned or maintained by any volunteer
fire company or volunteer first aid squad located within or serving
the Township of Mount Olive.
B.
Exceptions to this prohibition may be granted by the Director of
the Department of Public Safety upon application by any recognized
organization, stating the date and location of the proposed use, the
number of persons expected to be present, the hours of said use, the
type of alcoholic beverages to be consumed and the parking accommodations
to be provided for the event. The Director may reject any application
which it considers inimical to the public health, safety, welfare
or interest of the Township.
[Added 10-4-2011 by Ord. No. 30-2011]
A.
GUARDIAN
RELATIVE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A person who has qualified as a guardian of the underage
person pursuant to a testamentary or court appointment.
The underage person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
B.
Consumption of alcoholic beverages by underage person on private
property prohibited. It shall be unlawful for any person under the
age of 21 years to purchase, sell, consume or have in his or her possession
any alcoholic beverage in or upon any public or private street, highway,
park, footway or other public or quasi-public place or in a private
residence or upon any private property within the Township of Mount
Olive, except as hereinafter provided or as may be permitted by state
statute.
C.
Exceptions.
(1)
Nothing contained in this chapter 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;
provided that if the underaged person is found to possess or consume
an alcoholic beverage in the presence of and with the permission of
a relative other than a parent or guardian, the police shall notify
the parent or legal guardian, by certified mail, of the incident together
with the name of the relative who gave permission for the possession
or consumption of the alcoholic beverage by the underaged person.
The notification shall include a request that the parent or guardian
acknowledge and return a copy of the letter to the Police Department
within 15 days of receipt.
(2)
This section shall not prohibit the possession of alcoholic beverages
by any underaged person while actually engaged in the performance
of employment by a person who was 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 post-secondary educational institution; however,
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.
Violations and penalties.
(1)
Any person found guilty of violating the terms of this section shall
be subject to a fine of $250 for a first offense and a fine of $350
for any subsequent offense. In addition, the court may, upon a finding
of guilty, in addition to the fine authorized for this offense, suspend
or postpone for six months the driving privileges 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. If the defendant at the time of the imposition
of the 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.
(2)
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. The defendant 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 the written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
(3)
If the person convicted under this section 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.
[Added 7-24-1979 by Ord. No. 30-79]
Notwithstanding the provisions contained in § 106-7, that section shall in no way interfere with the authority of the Division of Alcoholic Beverage Control and the Township Council to issue temporary licenses for the consumption of alcoholic beverages pursuant to the laws of the State of New Jersey or ordinances of the Township of Mount Olive.
[Amended 9-25-1990 by Ord. No. 40-90]
Any person, firm or corporation who violates any provision of
this chapter shall, upon conviction thereof, be punishable by one
or more of the following: by imprisonment for a term not exceeding
90 days or by a fine not exceeding $1,000 or by a period of community
service not exceeding 90 days.
