[1]
Editor's Note: This ordinance also amended the title of this
article, which was formerly "Teen Nights."
The purpose of this article is to protect the welfare of our
teenage population by regulating their congregation upon premises
licensed by the Borough pursuant to state law to dispense alcoholic
beverages.
"Teen nights," defined as scheduled dances or events held on
the premises of a licensed plenary retail alcoholic beverage establishment
and restricted to those patrons under the legal drinking age established
by the State of New Jersey, are hereby prohibited in the Borough of
Seaside Heights.
Eighteen to party, 21 to drink events, except for those events set forth in § 17-26 below, are hereby prohibited in the Borough of Seaside Heights. "Eighteen to party, 21 to drink events" are defined as scheduled dances or events wherein any person under the legal drinking age is allowed to enter the premises of a licensed plenary retail alcoholic beverage establishment established by the State of New Jersey during which person under the legal drinking age and individuals of legal age to consume alcoholic beverages as established by the State of New Jersey are present and alcoholic beverages are served.
Any establishment, including but not limited to, lounges,
taverns, bars and any other establishment that serves alcohol and/or
beer and provides entertainment activities through any of the following:
amplified music, whether live or programmed, dancing, table games,
and/or video games. The definition also includes restaurant/bar establishments
that provide entertainment as described above during any portion of
its operation. Any other establishment that only occasionally hosts
the above-described activities shall be subject to the provisions
of this article while hosting such activities.
An establishment regularly and principally used for the purpose
of providing meals to the public, having an adequate kitchen and dining
room equipped for the preparing, cooking and serving of foods for
its customers, and in which no other business, except such as incidental
to such establishment is conducted.
The provisions of this § 17-26 of shall not apply when:
A.
The person under the legal age is an employee of the license or permit
holder, or performing a contracted service for the license or permit
holder on the premises, and is on the premises during his or her scheduled
work hours.
B.
As per § 17-11, it shall be unlawful for any licensee holding a plenary retail consumption license to allow, permit or suffer the entry of any person under the age of 18 on the licensed premises for any purpose other than for employment pursuant to N.J.A.C. 13:2-14.1 et seq. The foregoing shall not prohibit a person under the age of 18 from being present on a licensed premises if accompanied by a parent or guardian 21 years of age or older or if the licensed premises is a restaurant. A "restaurant" is defined herein as an establishment regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of foods for its customers, and in which no other business, except such as incidental to such establishment, is conducted.
C.
The person under the legal age is a guest at a single, special, nonrecurring
event, which is not open to the public, and for which no cover charge
is assessed, including, but not limited to, a wedding reception, anniversary
or birthday celebration, Bar/Bat Mitzvah or grand opening.
D.
In the case of an establishment which functions as both a nightclub
and a restaurant, persons under the legal drinking age can be in the
restaurant portion after 10:00 p.m. at night, and the licensee must
put into effect a plan by which the restaurant section and nightclub
entertainment venue sections of the establishment are clearly demarked
and security is provided in such a manner that entry is not permitted
into the nightclub portion by persons under the legal drinking age.
Patrons of both the restaurant and nightclub sections may share the
same bathrooms, as long as the establishment strictly enforces a rule
prohibiting alcoholic beverages in the bathrooms.
A.
Any person violating and failing to comply with any of the provisions
of this article shall, upon conviction thereof, be punishable by a
fine of no less than $100 and no more than $1,250, by imprisonment
not to exceed 90 days or by community service of not more than 90
days or any combination of fine, imprisonment and community service,
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B.
If any owner, operator or licensee is found in violation of the provisions
of this article, the alcoholic beverage license shall be subject to
suspension or revocation in accordance with the applicable provisions
of the New Jersey Alcoholic Beverage Control Act[1] and this article.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
C.
The violation of any provision of this article shall be subject to
abatement summarily by restraining order or injunction issued by a
court of competent jurisdiction.
