[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:
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.
[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:
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:
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.
[Added 4-8-1996]
Any person is a disorderly person who shall:
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.
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.
Any place which is not a public place as defined below.
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.
D.
Pursuant to P.L. 2021, c. 395, it shall be lawful for any person
who is at least 21 years of age to consume open containers of alcoholic
beverages outdoors in the following areas:
[Added 8-8-2022 by Ord. No. 22-09]
(2)
Excepting the provisions of Subsection 5-15D(3), this shall be effective only during such dates and hours approved by the Borough of Merchantville or the Merchantville Task Force, for events sponsored by the Borough of Merchantville or the Merchantville Task Force that are open to the public, on the sidewalks and/or the roadways, or portions thereof, which have been sufficiently closed to vehicular traffic and reserved exclusively for pedestrian use.
(3)
On that portion of West Chestnut Street immediately adjacent to the
restaurant use on Block 22, Lot 21 on the Official Tax Map of the
Borough, but only in those areas that are delineated, designed and/or
partitioned for use as outdoor seating or dining areas for the restaurant
use, on the roadway or portions thereof which have been sufficiently
closed to vehicular traffic and reserved exclusively for pedestrian
use.
(4)
On any street in the Borough of Merchantville on which a permit has
been issued by the Borough for the hosting of a residential block
party, but only during such times and at such locations as set forth
in the approved block party permit, provided that said street has
been sufficiently closed to vehicular traffic and no vehicular traffic
is permitted to travel upon same during the times of such activity.
(5)
Notwithstanding the provisions of this subsection, the sale of alcoholic beverages for consumption in an open container area shall be subject to the provisions of Title 33 of the Revised Statutes of the State of New Jersey, rules and regulations promulgated by the Director of the Division of Alcoholic Beverage Control, Chapter 5 of the Code of the Borough of Merchantville, and all other municipal ordinances.
(6)
This subsection does not, and is not intended to, confer any greater
rights upon a holder of an ABC license or permit than that permitted
by the Division of Alcoholic Beverage Control itself, or any law,
rule, or regulation regarding alcoholic beverage licenses and permits.
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.
