Borough of Merchantville, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Merchantville Borough Council as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-11-1936]
It shall not be lawful for any person or persons to operate, use or maintain any store, dwelling or other building of any kind for the sale or exposure for sale of the beverages authorized by the Act of the Legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages," passed December 6, 1933, as amended and supplemented, within the Borough of Merchantville, in the County of Camden and State of New Jersey, without first obtaining a license therefor pursuant to said act.
Editor’s Note: See N.J.S.A. 33-1 et seq.
The Borough Clerk is hereby authorized and empowered to sign, issue and deliver all licenses for the sale of alcoholic beverages which heretofore have been or hereafter may be approved by Borough Council.
Every such license shall be subject to the provisions of said act, of this article and of such police regulations and ordinances of the Borough of Merchantville relating to the conduct of such business and to the maintenance of sanitary conditions in or about the place licensed as have been approved by the Commissioner of the Department of Alcoholic Beverage Control.
As used in this article, the following terms shall have the meanings indicated:
PERSON
A person of either sex, any firm or corporation and any club or association which may be licensed under the provisions of said act.
All applications for any license shall be in the form required by law and as prepared and furnished by the Borough Clerk, who shall keep a complete record of such applications and the licenses granted thereunder.
[Amended 11-8-1937; 7-14-1997]
Licenses for sale of alcoholic beverages in the Borough of Merchantville shall be limited to one plenary retail consumption license and two plenary retail distribution licenses, which licenses shall be in the form and subject to the regulations which now have been or may thereafter be imposed by the Commissioner of Alcoholic Beverage Control.
[Amended 5-11-1959; 4-27-1970; amended 11-23-1992; 7-14-1997; 4-8-2013 by Ord. No. 13-06]
A. 
The license fees to be paid for a plenary retail distribution license, which fees must accompany the application, shall be as set forth in Chapter 25, Fees.
[Amended 4-8-2013 by Ord. No. 13-06]
B. 
All license fees shall be paid in cash or by certified check to the order of the Borough of Merchantville and shall be turned over by the Borough Clerk, when and as received, to the Borough Treasurer.
C. 
The license fee to be paid for a plenary retail consumption license, which fee must accompany the application, shall be as set forth in Chapter 25, Fees.
[Added 7-14-1997; amended 4-8-2013 by Ord. No. 13-06]
Editor's Note: The annual club license fee shall be as set forth in Chapter 25, Fees.
[Amended 4-27-1970; 11-23-1992; 7-14-1997]
A. 
No holder of a plenary retail distribution in the Borough of Merchantville shall sell, serve, deliver, allow, permit or suffer the sale, service or delivery of any alcoholic beverages on licensed premises as follows:
(1) 
On Monday, Tuesday, Wednesday, Thursday, Friday and Saturday, between the hours of 12:00 midnight and 9:00 a.m., and 10:00 p.m. and 11:59 p.m., prevailing time.
(2) 
On Sundays between the hours of 12:00 midnight and 12:00 noon, and between the hours of 6:00 p.m. and 11:59 p.m., prevailing time, excepting when Christmas Eve (December 24) and New Year's Eve (December 31) shall fall on a Sunday, the hours shall be 12:00 midnight to 12:00 noon and 8:00 p.m. to 11:59 p.m. on Christmas Eve (December 24) and the hours shall be 12:00 midnight to 12:00 noon and 10:00 p.m. to 11:59 p.m. on New Year's Eve (December 31).
B. 
No holder of a plenary retail consumption in the Borough of Merchantville shall sell, serve, deliver, allow, permit or suffer the sale, service or delivery of any alcoholic beverages on licensed premises as follows:
(1) 
On Monday, Tuesday, Wednesday, Thursday, Friday and Saturday, between the hours of 2:00 a.m. and 10:00 a.m., prevailing time;
(2) 
On Sundays between the hours of 2:00 a.m. and 10:00 a.m., prevailing time.
No person shall sell or offer or expose for sale or barter, or suffer to be sold or bartered, any alcoholic beverage at any place in the Borough of Merchantville without a license first having been obtained as herein provided.
Every license shall be exposed to public view in a conspicuous place in the place licensed, and any omission to do so shall be presumptive evidence that such place is not licensed to sell alcoholic beverages.
[Amended 4-27-1970; 4-8-1996; 5-27-1997]
In addition to a fine or penalty, a person violating this chapter may be subject, in the discretion of the Municipal Court Judge, to a suspension of their privilege to operate a motor vehicle in the State of New Jersey for a period of up to 90 days.
The Borough Treasurer shall keep a separate account of all receipts and expenditures of fees received under this article.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed, and this article shall take effect immediately upon approval by the Commissioner of Alcoholic Beverage Control.
[Adopted 10-14-1975 by Ord. No. 507]
As used in this article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Any fluid or solid capable of being converted into a fluid suitable for human consumption and having an alcoholic content of more than 1/2 of 1% by volume, including alcohol, beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes or any mixture of the same and fruit juices.
DISORDERLY PERSON
[Added 4-8-1996]
Any person is a disorderly person who shall:
A. 
Consume alcoholic beverages:
(1) 
While in or on a public street, lane, sidewalk, public parking lot, public or quasi-public place or in any public conveyance.
(2) 
In a private motor vehicle while the same is in motion or parked in any public street, lane or parking lot.
B. 
Discard alcoholic beverage containers upon any street, lane, sidewalk, public parking lot or quasi-public place or upon any private property not his own without express permission of the owner.
C. 
Aid, abet or permit any person to act in accordance with Subsection A or B of this definition.
D. 
Be on any street, highway, thoroughfare or other public place within the borough or in any private or public place in an intoxicated state, to the annoyance of any other person.
PRIVATE PLACE
Any place which is not a public place as defined below.
PUBLIC PLACE
Any place, either publicly or privately owned, which is or may be frequented by the public.
No person shall consume alcoholic beverage or discard any alcoholic beverage container:
A. 
While in a public place; in a private place of which he is not an owner, tenant or lawful occupant; or in any public conveyance, without the permission of any owner, tenant, lawful occupant or any person having the authority to grant such permission.
B. 
While in or on any property owned by the Borough of Merchantville in the County of Camden and State of New Jersey without the express permission of the official, entity or body in charge thereof.
C. 
While in a private motor vehicle in motion on or parked in any public place, or upon any private place of which he is not an owner, tenant or lawful occupant, without the express permission of the property owner, tenant, lawful occupant or other person having authority to grant such permission.
Any person who shall violate the provisions of this article shall, upon conviction, be subject to a fine not exceeding the sum of $200.00 or be imprisoned in the county jail for a term of not more than 90 days, or both.
All other ordinances and parts of ordinances and resolutions, insofar as they are inconsistent with any of the terms and provisions of this article, are hereby repealed to the extent of such inconsistency only.
If any section, paragraph, sentence, clause, phrase, term, provision or part of this article shall be adjudged by any court of competent jurisdiction to be invalid or inoperative, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the section, paragraph, sentence, clause, phrase, term, provision or part thereof directly involved in the controversy in which such judgment shall have been rendered.
This article shall take effect following final passage, adoption and publication on the earliest date allowed by law.