[1982 Code § 69-1]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Little Ferry 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.
[1982 Code § 69-2]
For the purpose of this chapter, the words and phrases herein
shall have the same meaning as N.J.S.A. 33:1-1 et seq. and the Rules
and Regulations of the Director of the Division of Alcoholic Beverage
Control.
[1982 Code § 69-9A]
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 of the United States.
[1982 Code § 69-3B]
All licenses required by this chapter shall be issued by the
Borough Council, which shall also administer the provisions of this
chapter.
[Ord. No. 1315-25-10]
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, 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.
a.
License Background Check Transfer Fees. All applications for license
transfers shall be accompanied by a check made payable to the Borough
of Little Ferry to be placed in escrow in the amount of two thousand
five hundred ($2,500.00) dollars. The aforesaid sum shall be used
to pay administrative fees related to the license transfer including
but not limited to background checks, fingerprint charges, accounting
charges and legal fees.
[1982 Code § 69-4; Ord. No. 1102-9-03; Ord. No. 1176-20-05]
Subject to any and all other regulations prescribed by law,
the fees to be charged and collected from the holders of licenses
to sell alcoholic beverages within the Borough of Little Ferry shall
be as follows:
d.
There shall be no limited retail distribution licenses granted in
the Borough of Little Ferry.
[1982 Code § 69-5A; Ord. No. 1248-07-08]
a.
No alcoholic beverages shall be sold, served, consumed in or delivered
to any licensed premises between the hours of 3:00 a.m. and 8:00 a.m.
on Saturday and Sunday nor between the hours of 2:00 a.m. and 8:00
a.m. on all other days.
b.
On Sundays, all restaurants holding a plenary retail consumption
license must cease service of alcoholic beverages from 6:00 a.m. to
12:00 p.m. but may continue to perform other restaurant business and
subject to the rules and regulations of the State statutes and regulations
of the Alcoholic Beverage Control Commission and municipal ordinances
regulating the sale of liquor.
[New]
During the hours when sales of alcoholic beverages are prohibited by subsection 6-4.1, the entire licensed premises shall be closed, 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 licensed under N.J.S.A. 33:11-12(5) and to other establishments where the principal business is other than the sale of alcoholic beverages.
[1982 Code § 69-5B]
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 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. No. 1052-11-01]
a.
No licensee shall employ or permit to work in or upon the licensed
premises any bartender, waiter, waitress or other person involved
in serving liquor unless such person shall have filed with the Borough
Police Department within sixty (60) days after employment with respect
to a new employee, a statement indicating that he or she is of good
moral character and has not been convicted of any crime involving
moral turpitude and unless such person shall submit to fingerprinting
and photographing and the furnishing of such other pertinent information
in connection with the person's background and proposed employment
as may reasonably be required by the Chief of Police or person acting
on his behalf; provided, however, that nothing in this subsection
shall be deemed to disqualify from employment a person whose criminal
disqualification shall have been lifted and removed by the State Director
of Alcoholic Beverage Control.
b.
Any person violating any of the provisions hereof shall be liable
to the penalties prescribed in this chapter and such penalties shall
be in addition to any disciplinary action which may be instituted
or maintained against the licensee by any State or municipal officials
charged with the enforcement of the Alcoholic Beverage Law.
[1982 Code § 69-7]
a.
Any
license issued under this chapter may be suspended or revoked for
violation of any of the provisions of this chapter, any provisions
of any applicable statute or any of the rules and 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.
[1982 Code § 69-6A; New]
It shall be unlawful for a person under the legal age while
in any premises licensed for the sale of alcoholic beverages to purchase,
consume or have served or delivered to him or her any alcoholic beverages.
A minor may enter any licensed premises in the regular pursuit
of his business, trade, or occupation.
[1982 Code § 69-6B; New]
It shall be unlawful for a person under the legal age to purchase,
attempt to purchase or have another purchase for him or her any alcoholic
beverages.
[1982 Code § 69-6C; New]
It shall be unlawful for any person under the legal age to misrepresent
or misstate his or her age for the purpose of inducing any licensee
or any employee of any licensee or any person acting in behalf of
any licensee to sell, serve or deliver any alcoholic beverages to
him or her.
[New]
No person shall invite or induce any person under legal age
to be served with or have in his or her possession any alcoholic beverage.
[New]
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 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.
Any person who shall violate any of the provisions of this section
shall be deemed and adjudged to be a disorderly person, and upon conviction
thereof, 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 N.J.S.A. 33:1-81 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.
(N.J.S.A. 33:1-81)
