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.
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.
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.
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.
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:
[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.
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.
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.
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.
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.
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.
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]
Upon receipt of a duly filed application, the Borough Council will consider an extension of licensed premises for a limited period of time.
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.
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.
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.
Upon return of the extra deposit, an accounting will be provided by the Borough at all costs incurred.