[1967 Code § 5-1]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Bound Brook in accordance
with the provisions of an Act of the Legislature of the State of New
Jersey entitled, "An Act Concerning Alcoholic Beverages" (Chapter
436 of the Laws of 1933), its supplements and amendments, and also
comprising N.J.S.A. 33:1-1 to N.J.S.A. 33:1-96, and in accordance
with the rules and regulations of the State Director of the Division
of Alcoholic Beverage Control.
[1967 Code § 5-2]
For the purpose of this chapter, the words and phrases herein
shall have the same meaning as in N.J.S.A. 33:1-1 et seq., and the
rules and regulations of the Director of the Division of Alcoholic
Beverage Control of the State of New Jersey.
[Ord. No. 07-03]
All applications for licenses, all licenses issued or revoked, and all proceedings under this chapter shall be in accordance with the Act, rules and regulations referred to in § 6-1, and all other applicable laws of the State of New Jersey or of the United States.
[Ord. No. 07-03]
All licenses required by this chapter shall be issued by the
Mayor and Borough Council, which shall also administer the provisions
of this chapter.
[Ord. No. 07-03]
No person shall sell, distribute or transport alcoholic beverages within the Borough without having obtained a license in accordance with the Act referred to in § 6-1 and the provisions of this chapter.
[1967 Code § 5-3; Ord. No. 03-3 § 1; Ord. No. 04-1 § 1; Ord. No. 2009-15]
The annual license fees of licenses for the sale and distribution
of alcoholic beverages in the Borough shall be as follows:
|
Class of License
|
Annual License Fees
|
Number of Licenses
|
|---|---|---|
|
Plenary Retail Consumption License
|
$2,500
|
19
|
|
Plenary Retail Distribution License
|
$2,500
|
2
|
|
Club License
|
$188
|
2
|
[1967 Code § 5-4]
The provisions of Subsection 6-3.4 shall not prevent the Mayor and Borough Council, in their discretion, from issuing a new plenary retail consumption license to a person who operates a hotel or motel containing 50 or more sleeping rooms. Any new license issued under the provisions of this subsection shall not be transferred or renewed except for a premises operated as a hotel or motel containing 50 or more sleeping rooms.
With each original application under this subsection, the applicant
shall furnish the Mayor and Council with three detailed and sizeable
sketches of the hotel or motel sought to be licensed, showing the
designated sleeping rooms, the size of each room, entrances, exits,
fire precautionary devices, and the location and nature of all other
rooms and businesses in the hotel or motel or hotel or motel premises.
Each sketch shall be certified as accurate by an architect licensed
to practice in the State of New Jersey. Sleeping room areas shall
strictly conform to the requirements of the provisions of this Code
applicable to hotels, motels, boarding and rooming houses, and applicable
statutes of the State of New Jersey.
[1967 Code § 5-5.1; Ord. No. 07-03]
a.
Every applicant for a license shall cause a notice of intention to
make such application to be published in accordance with the Rules
and Regulations prescribed by the Division of Alcoholic Beverage Control
of the State of New Jersey.
b.
Notice of all applications for licenses, for the renewal of licenses,
or for the transfer of licenses from place to place or person to person
shall be according to the form required by law and by Rules and Regulations
prescribed by the State Division of Alcoholic Beverage Control.
[Ord. No. 07-03]
All applications for licenses shall set forth, in full, answers
to questions prescribed by the aforesaid Act, and by the Rules and
Regulations of the Director of the Division of Alcoholic Beverage
Control, and shall include declarations called for by these provisions.
[1967 Code § 5-5.2]
Proof of publication and notice of an application for a license
or the renewal or transfer of a license, under the provisions of this
chapter, shall be furnished to the Borough Clerk immediately after
the second publication and shall be in the form prescribed by the
Rules and Regulations of the Director of the Division of Alcoholic
Beverage Control.
[1967 Code § 5-6.1]
No alcoholic beverages shall be sold, served, delivered, or
consumed on any weekday between the hours of 2:00 a.m. and 6:00 a.m.
[1967 Code § 5-6.1]
a.
Provisions of Subsection 6-5.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered or consumed in the licensed premises between the hours of 2:00 a.m. and 12:00 noon.
b.
The holders of a plenary retail distribution license may sell, serve,
deliver or consume alcoholic beverages in the licensed premises between
the hours of 9:00 a.m. and 10:00 p.m. on those Sundays that fall on
the following holiday observance: Easter Day; Mother's Day; Memorial
weekend; Father's Day; Independence Day weekend; Labor Day weekend;
Christmas weekend; New Year weekend.
[Added 10-9-2018 by Ord.
No. 2018-25]
[1967 Code § 5-6; Ord. No. 07-03]
Provisions of Subsection 6-5.1 shall not apply on January 1. On that day alcoholic beverages may be sold, served, delivered or consumed in the licensed premises until 3:00 a.m.
[1967 Code § 5-6.1]
No alcoholic beverages shall be sold, served, delivered to or
consumed in any licensed premises during the following hours:
a.
If December 24 falls on any weekday except Saturday, sales are prohibited
from 2:00 a.m. to 6:00 a.m. and 11:00 p.m. to 6:00 a.m. on December
25.
b.
If December 24 falls on a Saturday sales are prohibited from 2:00
a.m. to 6:00 a.m. and 11:00 p.m. to 12:00 noon on December 25.
c.
If December 24 falls on a Sunday, sales are prohibited from 2:00
a.m. to 12:00 noon and 11:00 p.m. to 6:00 a.m. on December 25.
[1967 Code § 5-6.1A]
Notwithstanding the foregoing, on Sundays, the sale of distilled
spirits for off-premises consumption shall be permitted only between
the hours of 12:00 noon and 10:00 p.m.
[1967 Code § 5-6.2]
No person shall be served alcoholic beverages in any room which
is not open to the use of the public generally. This subsection shall
not apply to hotels or motels where the entire premises is licensed.
In such hotels or motels, guests may be served in their rooms or in
public or private dining rooms.
[1967 Code § 5-6.3]
No license or employee of a license shall sell, serve or deliver,
directly or indirectly, 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.
[1967 Code § 5-6.7]
During the hours that the sale or service of alcoholic beverages
is prohibited, the entire licensed premises shall be closed. This
subsection shall not apply to any premises where a restaurant, hotel,
motel, bowling alley or similar business is conducted. The foregoing
places may remain open during the prohibited hours in order to carry
on normal business activities, except for the sale or service of alcoholic
beverages. If the premises remains open, however, the bar and any
other place upon the licensed premises from which the sale or service
of alcoholic beverages is made shall be closed.
[1967 Code § 5-6.5]
It shall be the duty of each licensee to display the license
certificate issued under this chapter in the licensed premises in
such a manner and place that it may be seen by anyone entering the
licensed place of business. The license certificate shall be framed
and under glass.
[1967 Code § 5-6.6]
No licensee shall permit in any licensed premises any brawl,
act of violence, disturbance or unnecessary noise. No licensee shall
permit the licensed premises to be conducted in such a manner as to
become a nuisance.
[1967 Code § 5-9]
It shall be the duty of the Police Department to enforce all
of the provisions of this chapter. It shall further be the duty of
the Police Department to enter any licensed premises within the Borough
of Bound Brook on a periodic basis to ascertain whether the provisions
of this chapter are being violated. It shall further be the duty of
the Police Department to immediately report any violation of any provision
of this chapter by written report to the Chief of Police who shall
immediately notify the Mayor and Council.
It shall further be the duty of the Police Department to immediately
arrest any paid entertainer dancing in any suggestive or lewd manner,
whether fully clad or scantily clad, in any licensed premises not
exempted by Subsection 6-8.2 above.
[1967 Code § 5-10]
Any license issued under this chapter may be suspended or revoked
by the Mayor and Council for violation of any of the provisions of
this chapter or for violation of any of the provisions of N.J.S.A.
33:1-1 to 33:1-96, and the Rules and Regulations of the Director of
the Division of Alcoholic Beverage Control of the State of New Jersey.
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.
Suspension or revocation of a license shall be in addition to
any other penalty which may be imposed for a violation of this chapter.
[Ord. No. 07-03]
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 legal age.
[1967 Code § 5-6.4a; Ord. No. 07-03]
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.
No minor shall enter or remain in any liquor licensed establishment
unless accompanied by a parent or guardian.
[Ord. No. 07-03]
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 to purchase, or have
another purchase for him or her any alcoholic beverage.
[1967 Code § 5-6.4c]
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.
Any person who shall violate any of the provisions of this section
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, P.L. 1985, c. 113,
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 act 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. (N.J.S.A. 33:1-81)
