[Editor's Note: Laws concerning alcoholic beverage control
are contained in Title 33 of the New Jersey Statutes. All ordinances
must be in conformity with these provisions and approved by the Director
of Alcoholic Beverage Control, N.J.S.A. 33:1-40. State law prescribes
the types of licenses that may be issued, their number, permissible
license fees and the regulation of licensed premises, N.J.S.A. 33:1-40.]
[1972 Code § 8-1; Ord. No. 07-08 § 1; Ord. No. 11-07 § 1; Ord. No. 12-14]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Woodland Park 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, et seq., and in accordance with the rules and regulations
of the State Director of the Division of Alcoholic Beverage Control,
New Jersey Administrative Code (N.J.A.C.) 13:2-1; and to control the
consumption of alcoholic beverages in public by persons, or groups
of persons, within the Borough of Woodland Park.
[1972 Code § 8-2; Ord. No. 07-08 § 2; Ord. No. 11-07 § 2]
As used in this chapter, words and phrases shall have the same
meanings they have 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.
[1972 Code § 8-3.1; Ord. No. 07-08 § 3.1; Ord. No. 11-07 § 3]
All applications for licenses, all licenses issued, and all proceedings under this chapter shall be in accordance with the rules and regulations specified in Section 6-1 and all other applicable laws of the State of New Jersey or of the United States.
[1972 Code § 8-3.2; Ord. No. 07-08 § 3.2; Ord. No. 11-07 § 3]
All licenses specified under this chapter shall be issued by
the Governing Body, which shall also administer the provisions of
this chapter.
[New; Ord. No. 07-08 § 3.3; Ord. No. 11-07 § 3]
No person shall sell or distribute alcoholic beverages within the municipality without having obtained a license in accordance with the rules and regulations specified in Section 6-1 of this chapter, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
[1972 Code § 8-3.4; Ord. No. 82-7 § I; Ord. No. 07-08 § 3.4; Ord. No. 11-07 § 3; New; Ord. No. 2016-13; Ord. No. 2017-15]
The annual license fees and maximum number of licenses for the
sale and distribution of alcoholic beverages in the municipality shall
be as follows:
|
Class of License
|
Annual License Fee
|
Number of Licenses
|
|---|---|---|
|
a. Plenary Retail Consumption License:
|
$2,500
|
3
|
|
b. Plenary Retail Distribution License:
|
$2,500
|
1
|
|
c. Club License:
|
$150
|
No limit
|
The provisions of this subsection governing the limitation on
the number of licenses shall not apply to the renewal or transfer
of licenses presently issued.
For State law authorizing the Borough to restrict the number
of licenses to sell alcoholic beverages at retail, see N.J.S.A. 33.1-40.
Every club license shall be deemed to be issued conditioned
that the licensed club shall continue to be a bona fide club and shall
be revocable upon the discontinuance of such status.
[1972 Code § 8-4.1; Ord. No. 82-7 § II; Ord. No. 07-08 § 4.1; Ord. No. 11-07 § 4; Ord. No. 12-14; Ord. No. 2016-09]
No alcoholic beverages shall be sold, served, consumed or delivered
to any customer in or from any licensed premises on any day between
the hours of 2:00 a.m. and 7:00 a.m. except Sundays as hereinafter
provided.
[1972 Code § 8-4.1; Ord. No. 82-7 § II; Ord. No. 07-08 § 4.2; Ord. No. 11-07 § 4; Ord. No. 12-14; Ord. No. 2016-09]
Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages shall be sold, served, consumed or delivered to any customer in or from any licensed premises between the hours of 2:00 a.m. and 10:00 a.m.
Editor's Note: Former subsection 6-4.3 New Year's Day containing portions of 1972 Code § 8-4.2; Ord. No. 07-08 § 4.3; Ord. No. 11-07 § 4; Ord. No. 12-14 was deleted by Ordinance No. 2016-09.
[New; Ord. No. 07-08 § 4.4; Ord. No. 11-07 § 4; Ord. No. 12-14]
No licensee or employee of a licensee 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.
[New; Ord. No. 07-08 § 4.5; Ord. No. 11-07 § 4; Ord. No. 12-14]
During the hours when sales of alcoholic beverages are prohibited,
the entire licensed premises shall be closed and no person shall be
admitted to remain thereon except the licensee or bona fide employees
of the licensee; provided, however, that such requirement for the
closing of the premises shall not apply to bona fide hotels or restaurants
as defined in N.J.S.A. 33.1-1(t) and to clubs eligible for a club
license under N.J.S.A. 33.1-12(5) and to other establishments where
the principal business is other than the sale of alcoholic beverages.
[1972 Code § 8-4.1; Ord. No. 07-08 § 4.6; Ord. No. 11-07 § 4; Ord. No. 12-14]
No person shall be served alcoholic beverages in any room which
is not open to the public. This section shall not apply to club licenses.
[1972 Code § 8-6; Ord. No. 07-08 § 4.7; Ord. No. 11-07 § 4; Ord. No. 12-14]
All licensed premises other than those for which club licenses
are issued shall be so located that a normal sized adult can, on inspection
from the exterior, view the interior of the premises.
[1972 Code § 8-7; Ord. No. 07-08 § 5; Ord. No. 11-07 § 5]
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 the Division 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 service of a five (5) 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.
[New; Ord. No. 07-08 § 6.1; Ord. No. 11-07 § 6]
No licensee shall sell or serve alcoholic beverages to persons
under the legal age.
[New; Ord. No. 07-08 § 6.2; Ord. No. 11-07 § 6]
No person shall purchase or attempt to purchase alcoholic beverages
for a minor. It shall be unlawful for any person to induce or attempt
to induce any licensee or any employee of a licensee to sell, serve
or deliver alcoholic beverages to a minor.
[New; Ord. No. 07-08 § 6.3; Ord. No. 11-07 § 6]
No person shall misrepresent his/her age or the age of another
person for the purpose of inducing any licensee, or his/her employee,
to serve a person under the legal age in violation of this section.
[New; Ord. No. 07-08 § 6.4; Ord. No. 11-07 § 6]
Any adult who accompanies a minor into premises in which alcoholic
beverages are served and who permits the minor to possess or consume
alcoholic beverages shall be presumed to have misrepresented the age
of the minor.
[N.J.S.A. 33:1-81; Ord. No. 07-08 § 6.5; Ord. No. 11-07 § 6]
It shall be unlawful for:
a.
A person under the legal age for purchasing alcoholic beverages 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; or
b.
A person under the legal age for purchasing alcoholic beverages to
consume any alcoholic beverage on premises located for the retail
sale of alcoholic beverages, or to purchase, attempt to purchase or
have another purchase for him or her any alcoholic beverage; or
c.
Any person to enter any premises licensed for the retail sale of
alcoholic beverages for the purpose of purchasing, or to purchase
alcoholic beverages, for another person who does not because of his/her
age have the right to purchase and consume alcoholic beverages; or
d.
Any person to misrepresent or misstate his age, or the age of any
other person for the purpose of inducing any licensee or any employee
of any licensee, to sell, serve or deliver any alcoholic beverage
to a person under the legal age for purchasing alcoholic beverages.
Any person who shall violate any of the provisions of this subsection
shall be deemed and adjudged to be a disorderly person, and upon conviction
thereof, in accordance with N.J.S.A. 33:1-81, as amended, shall be
punished by a fine of not less than five hundred ($500.00) dollars.
In addition, the Court shall suspend the person's license to
operate a motor vehicle for six (6) months or prohibit the person
from obtaining a license to operate a motor vehicle in this State
for six (6) months beginning on the date he/she become 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.
