[New]
This Chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Point Pleasant in accordance
with the provisions of an act of the Legislature of the State of New
Jersey entitled An Act Concerning Alcoholic Beverages, comprising
Chapter 436 of the Laws of 1933, its supplements and amendments, and
also comprising N.J.S.A. 33:1-1 et seq., and in accordance with the
rules and regulations of the State Director of Alcoholic Beverage
Control.
[New]
For the purpose of this Chapter, words and phrases herein shall
have the same meanings 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.
[New]
All applications for licenses, all licenses issued and all proceeding sunder this Chapter shall be in accordance with the act, rules and regulations referred to in Section 6-1, and all other applicable laws of the State of New Jersey or the United States.
[New]
All licenses required by this Chapter shall be issued by the
Mayor and Council of the Borough which shall also administer the provisions
of this Chapter.
[New]
No person shall sell or distribute alcoholic beverages within the Borough without obtaining a license in accordance with the act referred to in Section 6-1 and the provisions of this Chapter.
[Ord. #368, S 5-2; Ord. #688, S 3; Ord. #694, S 2; Ord. #717,
S 1-2; Ord. #798, S 2; Ord. #2008-05, S 1]
The annual fees and number of licenses for the sale or distribution
of the alcoholic beverages in the Borough shall be as follows:
|
Class of License
|
Annual License
|
Number of Licenses
|
|---|---|---|
|
Plenary Retail Consumption License
|
$1,866.00
|
6
|
|
Plenary Retail Distribution License
|
$1,866.00
|
2
|
|
Club License
|
$ 150.00
|
3
|
|
The provisions of this subsection with respect to the limitation
on the number of licenses shall not apply to the renewal or transfer
of licenses presently issued.
|
[Ord. #368, S 5-4]
No alcoholic beverage shall be sold, delivered, served or consumed
in any licensed premises on any day between the hours of 2:00 a.m.
and 7:00 a.m. Between April 1 and October 31 no alcoholic beverages
shall be sold between the hours of 2:00 a.m. and 6:00 a.m. of any
day. An exception to the above shall be New Year's Day each year
as hereinafter provided.
[Ord. #368, S 5-4]
Provisions of subsection 6-4.1 shall not apply on January 1. On that day alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises throughout the day.
[New]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any habitual drunkard,
intoxicated person or minor, nor permit the consumption of alcoholic
beverages on any licensed premises by any of the above named classes
of persons, or permit any such persons to congregate in or about the
licensed premises.
[Ord. #368, S 5-5; New]
The entire licensed premises shall be closed and no person shall be admitted or permitted to remain therein except the licensee or bona fide employee of the licensee on any day, between the hours as provided by subsection 6-4.1. This provision shall not apply to hotels and restaurants as defined in N.J.S.A. 33:1-1 et seq. or clubs.
[New]
It shall be unlawful for a person under the age of twenty-one
(21) years with exceptions as provided by law, to enter any premises
licensed for the sale of alcoholic beverages for the purpose of purchasing
or having served or delivered to him/her any alcoholic beverage.
[New]
It shall be unlawful for a person under the legal age of twenty-one
(21) years with the exceptions as provided by law to consume any alcoholic
beverage or to purchase, attempt to purchase, or have another purchase
for him/her, any alcoholic beverage on any premises licensed for the
sale of alcoholic beverages.
[New]
It shall be unlawful for any person under the age of twenty-one
(21) years with exceptions as provided by law, to misrepresent or
misstate his age for the purpose of inducing any retail licensee or
employee of any retail licensee to sell, serve or deliver any alcoholic
beverage to him/her.
[New]
Any person who shall violate any of the provisions of this section shall upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5.
[Ord. #368, S 5-6; New]
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.
Proceedings for suspension or revocation shall be in accordance
with the provisions of N.J.S.A. 33:1-31 by a service of a five (5)
day notice of charges preferred against the licensee and affording
a reasonable opportunity for a 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.
[New]
All complaints shall be made to the Police Department.
[Ord. #93-8, S 1]
The Borough of Point Pleasant Police Department is hereby designated
as the Alcoholic Beverage Control Investigation and Enforcement Unit,
and is hereby authorized and empowered to investigate, inspect, search,
and examine any licensed premises and to take any other action as
may be authorized by Alcoholic Beverage Control Law.
[Ord. No. 2015-10]
a.
Upon
receipt of a duly filed application, the Borough Council will consider
an extension of licensed premises for a limited period of time.
b.
If
the application to extend the licensed premises for a limited period
of time is granted by the Borough Council, the owner of the liquor
license must post with the Borough $500.00 in order to insure that
during the time that the extension of the licensed premises is in
effect, and immediately thereafter the property will be properly maintained,
free of debris, and all appropriate measures will be taken to ensure
that the surrounding properties and neighbors are not adversely impacted.
c.
After
the time period in which the extension of the licensed premises is
completed, the property will be inspected by a representative of the
Department of Public Works. If necessary, the Department of Public
Works will undertake removal of debris. Under those circumstances
the $500.00 escrow posted will be debited accordingly.
d.
If
the Police Department needs to intercede because of an adverse impact
to the surrounding properties, or for other causes, appropriate funds
to reimburse the Borough for the expenses incurred by the Police Department
will also be deducted from the escrow.
e.
Upon
return of the extra deposit, an accounting will be provided by the
Borough at all costs incurred.
