This article is for the purpose of fixing license fees and regulating
the sale of alcoholic beverages in the Borough of Penns Grove, County
of Salem and State of New Jersey, in accordance with the provisions
of an act of the Legislature titled "An Act Concerning Alcoholic Beverages,"
N.J.S.A. 33:1-1 et seq., as amended and supplemented, and in accordance
with rules and regulations promulgated or to be promulgated by the
State Director of Alcoholic Beverage Control, applicable hereto, and
in accordance with the rules and regulations existing herein or hereafter
adopted by competent municipal authority not inconsistent with said
act or said rules and regulations of said State Director.
It shall be unlawful to sell or distribute alcoholic beverages
otherwise than as provided in this article and/or said act of the
Legislature or rules of the Director.
The Mayor and Council of the Borough of Penns Grove, County
of Salem, being the governing body of said municipality, shall constitute
the authority for the distribution or issuance of licenses hereunder.
The Borough Clerk is hereby designated as the proper person
to sign all licenses on behalf of the Council of the Borough of Penns
Grove.
Every license shall be exposed to public view in a conspicuous
place in the place licensed, and any omission so to do shall be presumptive
evidence that the place where alcoholic beverages are being sold is
unlicensed.
No alcoholic beverages shall be sold in any room other than
such as is open to public view through a door or window, and no screens
or other articles shall be so placed as to obstruct persons outside
from looking into the place, provided that this rule shall not apply
to clubs or fraternal organizations.
[Added 9-18-2007 by Ord.
No. 2007-10]
A. Definitions. For purposes of this section the following terms shall
have the meanings indicated:
BEER KEG
Any brewery-sealed, single container that contains not less
than seven gallons of malt liquor.
RETAILER
A holder of a license under this article to sell alcoholic
beverages under this section.
B. Standards. No retailer shall sell beer kegs unless that retailer
affixes an identification label or tag to each beer keg. An identification
label or tag shall consist of paper, plastic, metal or another durable
material that is not easily damaged or destroyed. Identification labels
used may contain a nonpermanent adhesive material in order to apply
the label directly to an outside surface of the beer keg at the time
of sale. Identification tags shall be attached to beer kegs at the
time of sale with nylon ties or cording, wire ties or other metal
attachment devices, or another durable means of tying or attachment
of the tag to the beer keg. The identification information contained
on the label or tag shall include the licensed retailer's name,
address and telephone and a unique beer keg number assigned by the
retailer that sold the beer keg and attached the identification label
or tag. The retailer shall be responsible for the complete and thorough
removal of the entire identification label or tag and any adhesive
or attachment devices of the label or tag. The identification label
or tag must be kept on file with the retailer for not less than 90
days from the date of return.
C. Identification required. A retailer may not sell a beer keg unless the beer keg has an attached identification label or tag complying with the standards established under Subsection
B of this section.
D. Retailers to keep records.
(1) A retailer who sells a beer keg must at the time of the sale record:
(a)
The number of the purchaser's driver's license, government-issued
identification card, military identification card, or a valid United
States or foreign passport;
(b)
The date and time of the purchase;
(c)
The beer keg identification number required under Subsection
C of this section; and
(d)
The purchaser's signature.
(2) The record must be retained for not less than 90 days after the date
of sale.
E. Access to records. A retailer required to retain records under Subsection
D of this section must make the records available during the regular business hours for inspection by a peace officer or an agent or employee of the New Jersey Division of Alcoholic Beverage Control.
F. Violations.
(1) A person required to record information under Subsection
D of this section may not knowingly make a materially false entry in the book or register required under that subsection. In a prosecution under this subsection, it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon the identification provided by the purchaser of a beer keg.
(2) No person other than a retailer, a licensed wholesaler of malt beverages, a peace officer or an agent or employees of the New Jersey Division of Alcoholic Beverage Control may intentionally remove identification placed on a beer keg in compliance with Subsection
D. No person may intentionally deface or damage identification on a beer keg to make it unreadable.
(3) Any person found guilty of violating any provision of this section
may, upon conviction, by subject to a fine of up to $2,000, be sentenced
to jail for up to 90 days or be required to perform community service
for up to 90 days at the discretion of the court. Each and every violation
shall constitute a separate offense.
[Amended 7-5-2017 by Ord.
No. 2017-5]
All licensed premises shall be subject to examination and inspection
by the police and by any other constituted authorities at any time.