[New]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Allenhurst 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.
[Ord. 10/28/75 § 1]
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.
[Ord. 10/28/75 § 2]
All applications for licenses, all licenses issued and all proceedings under 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.
[Ord. 10/28/75 § 3; Ord. 5/12/76 § 1]
All licenses required by this chapter shall be issued by the Board of Commissioners, which shall also administer the provisions of this chapter.
[Ord. 10/28/75 § 4; Ord. 5/12/76 § 1]
No person shall sell or distribute alcoholic beverages within the Borough without having obtained a license in accordance with the act referred to in Section 6-1 and the provisions of this chapter.
[Ord. 9/11/45 § 1; Ord. 10/28/75 § 5]
The annual license fees for the sale or distribution of alcoholic beverages in the Borough shall be as follows:
Class of License
Annual License Fee
Plenary Retail Distribution License
$720.00
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. 3/28/78 § 1]
No license for the retail sale of alcoholic beverages, excepting renewal licenses for the same premises which have been previously licensed or transfers regarding same license from person to person for the same premises shall be granted or transferred to other premises within a distance of two hundred fifty (250) feet of any existing licensed premises. Such distance shall be measured in the same manner as that required by statute for the measuring of distances between licensed premises and schools and churches.
[Ord. 10/28/75; Ord. 10/12/76 § 1]
No alcoholic beverages shall be sold or delivered on any day between the hours of 10:00 p.m. and 9:00 a.m. Holders of special permit licenses issued by the Division of Alcoholic Beverage Control of the State of New Jersey shall not cause alcoholic beverages to be sold or delivered on any day between the hours of 1:00 a.m. and 9:00 a.m.
[Ord. 10/28/75; Ord. 7/10/79 § 1; Ord. 9/8/81 § 1; Ord. 6/28/84 § 1]
Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold or delivered in the licensed premises between the hours of 12:00 a.m. and 1:00 p.m.
[Ord. 10/28/75; Ord. 10/12/76]
Provisions of subsection 6-4.1 shall not apply on January 1. On that day no alcoholic beverages may be sold, served or delivered in the licensed premises between the hours of 5:00 a.m. and 7:00 a.m., unless January 1 is a Sunday, in which case no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 12:00 noon.
[Ord. No. 89-30 § 1(7); Ord. No. 2001-14 § 1; Ord. No. 2014-08; Ord. No. 2015-15]
a. 
On Mondays through Fridays, alcoholic beverages may be sold between the hours of 9:00 a.m. and 10:00 p.m.
b. 
On Saturdays, alcoholic beverages may be sold at retail in original containers for consumption off the licensed premises between the hours of 9:00 a.m. and 10:00 p.m. Beer and wine ONLY may be temporarily sold at retail in original containers for consumption off the licensed premises between the additional hours of 10:00 p.m. and 11:30 p.m.
c. 
On Sundays, alcoholic beverages may be sold at retail in original containers for consumption off the licensed premises between the hours of 10:00 a.m. and 8:00 p.m. Beer and wine ONLY may be temporarily sold at retail in original containers for consumption off the licensed premises between the additional hours of 8:00 p.m. and 11:30 p.m.
1. 
When December 24 and December 31 fall on a Sunday in any given calendar year, alcoholic beverages may be sold on December 24 and December 31 between the hours of 9:00 a.m. and 10:00 p.m.
d. 
Holders of special permit licenses operating within the Borough of Allenhurst may sell alcoholic beverages for consumption "on premises" on Sundays between the hours of 9:00 a.m. and 1:00 a.m.
[N.J.A.C. 13:2-23.1]
No licensee or employee of a licensee shall sell, serve or deliver, directly or in-directly, any alcoholic beverages to any intoxicated person or person under the legal age.
[Ord. 10/28/75 §§ 12—14]
a. 
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.
b. 
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.
c. 
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. 3/26/57 § 1; Ord. 10/28/75 § 8]
No licensee shall sell or serve alcoholic beverages to persons under the legal age.
[Ord. 10/28/75 § 9]
No person shall purchase or attempt to purchase alcoholic beverages for a person under the legal age. 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 person under the legal age.
[Ord. #10/28/75, § 10]
No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage to a person under the legal age.
[N.J.S.A. 33:1-81]
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 licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or
c. 
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; or
d. 
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 age have the right to purchase and consume alcoholic beverages.
e. 
Penalty. 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, P.L. 1985, c. 113, 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 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.