Laws concerning alcoholic beverage control are contained
in Title 33 of the Revised Statutes. All ordinances must be in conformity
with these provisions and approved by the Director of Alcoholic Beverage
Control, R.S. 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, R.S. 33:1-40.
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Flemington 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 R.S. 33:1-1, et seq., and in accordance with the rules
and regulations of the State Director of Alcoholic Beverage Control.
For the purpose of this chapter, words and phrases herein shall
have the same meanings as in R.S. 33:1-1, et seq., and the rules and
regulations of the Director of the Division of Alcoholic Beverage
Control.
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 § 5-1, and all other applicable laws of the State of New Jersey or the United States.
All licenses required by this chapter shall be issued by the
Borough Council, which shall also administer the provisions of this
chapter.
No person shall sell or distribute alcoholic beverages within the Borough without having obtained a license in accordance with the act referred to in § 5-1 and the provisions of this chapter.
[Amended 7-8-2019 by Ord. No. 2019-16]
The annual license fees and maximum number of licenses for the
sale or distribution of alcoholic beverages in the Borough shall be
as follows:
|
Class of License
|
Annual License Fee
|
No. of Licenses
|
|---|---|---|
|
Plenary Retail Consumption License
|
$2,500
|
1
|
|
Plenary Retail Consumption with "Broad Package Privilege" License
|
$2,500
|
2
|
|
Plenary Retail Distribution License
|
$2,500
|
1
|
|
Club License
|
$180
|
1
|
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.
Nothing in this subsection shall prevent the issue of a new
plenary retail consumption license to a person who operates a hotel
or motel containing 50 or more contiguous sleeping rooms. Any license
newly issued shall not be renewed or transferred except to a hotel
or motel containing at least 50 contiguous sleeping rooms.
[1]
Editor's Note: Section 4 of Ordinance No. 18-1989 provides
the penalty for violations of the licensing regulations
No alcoholic beverages shall be sold, served, delivered or consumed,
nor shall any licensee suffer or permit the sale, service, delivery
or consumption of any alcoholic beverage, directly or indirectly,
upon the licensed premises between the following hours, prevailing
time:
a.
Mondays.
1.
For plenary retail consumption licensees operating a bona fide restaurant
- 1:00 a.m. and 7:00 a.m.;
2.
For all other plenary retail consumption licensees - 12:00 midnight
on the preceding Sunday and 7:00 a.m.
3.
Notwithstanding anything to the contrary contained in § 5-4.1(A)(i)
and (ii) when Monday falls on January 1 - 2:00 a.m. to 7:00 a.m.
b.
Weekdays and Saturdays other than Mondays - 2:00 a.m. and 7:00 a.m.
No licensee shall permit any person, patron or customer to consume
any alcoholic beverages upon the licensed premises during the hours
when the sale, delivery, service or consumption of alcoholic beverages
is forbidden. During such hours the licensed premises, excepting restaurants
and public dining rooms in hotels and premises operated by club licenses
or other licensees who could qualify for club licenses, shall and
must remain closed and locked to all persons except for employees
who clean or perform other necessary work in and about the premises
during such prohibited hours, and no person other than such employees
shall be permitted to remain on the premises. During the hours when
sale, delivery, service or consumption of alcoholic beverages is forbidden,
the entire interior of the bar or business room, or any other room
where alcoholic beverages are sold, delivered or consumed, shall and
must be kept open to full view from the public thoroughfare or from
adjacent rooms to which the public is freely admitted.
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any habitual drunkard,
intoxicated person or minor, 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.
No minor shall be allowed in any premises where alcoholic beverages
are sold or served for consumption on the premises. No licensee shall
employ any person under lawful age to serve or sell or otherwise be
employed about the premises wherein such license is applicable.
No minor shall purchase, attempt to purchase, or have another
purchase for him any alcoholic beverage on any premises licensed for
the sale of alcoholic beverages.
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.
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 lawful age, or to permit a person under lawful age to remain on any premises in violation of § 5-5.1.
Any parent or guardian of a minor who accompanies such minor
into a 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.
Pursuant to N.J.S.A. 40:48-1.2, Chapter V of the Revised General Ordinances of the Borough of Flemington is amended and supplemented by the addition thereto § 5-5.6 "Underage Possession or Consumption of Alcoholic Beverages on Private Property" to read as follows:
a.
GUARDIAN
RELATIVE
Definitions. For purposes of this subsection, the following words
or terms shall mean:
Shall mean person who has qualified as a guardian of the
underaged person pursuant to a testamentary or court appointment.
Shall mean the underaged person's parent, grandparent, aunt
or uncle, sibling or any other person related by blood or affinity.
b.
Underaged Possession or Consumption of Alcoholic Beverages on Private
Property. It is unlawful for any person under the legal age to purchase
alcoholic beverages, without legal authority, knowingly possess or
knowingly consume an alcoholic beverage on private property.
c.
Exceptions.
1.
This subsection shall not prohibit an underaged person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony or rite, or consuming or possessing an alcoholic
beverage in the presence of and with the permission of a parent, guardian
or relative who has attained the legal age to purchase and consume
alcoholic beverages.
2.
This subsection shall not prohibit the possession of alcoholic beverages
by any underaged person while actually engaged in the performance
of employment by a person who was licensed under Title 33 of the Revised
Statutes or while actively engaged in the preparation of food while
enrolled in a culinary arts or hotel management program at a county
vocational school or post-secondary educational institution, however,
this subsection shall not be construed to preclude the imposition
of a penalty under this subsection, N.J.S.A. 33:1-81 or any other
section of law against a person that is convicted of unlawful alcoholic
beverage activity on or at premises licensed for the sale of alcoholic
beverages.
d.
Violations and Penalties.
1.
Any person found guilty of violating the terms of this subsection
shall be subject to a fine of $250.00 for a first offense and $350.00
for any subsequent offense. Upon a finding of guilt, the court may
also suspend or postpone for six months the person's driving privileges
in addition to the authorized fine. Upon conviction of any person
and suspension or postponement of the person's driver's license, the
court shall forward a report to the New Jersey Motor Vehicle Commission
("Commission") stating the first and last day of the suspension or
postponement imposed by the court pursuant to this subsection. If
a person at the time of the imposition of the sentence is less than
17 years of age, the period of license postponement, including a suspension
or postponement of the privilege of operating a motorized bicycle,
shall commence on the day this sentence is imposed and shall run for
a period of six months after the person reaches the age of 17 years.
If the person at the time of the imposition of the sentence has a
valid driver's license issued by this State, the court shall immediately
collect the license and forward it to the Commission along with a
report. If for any reason, the license cannot be collected, the court
shall include in the report the complete name, address, date of birth,
eye color and sex of the person as well as the first and last date
of the license suspension imposed by the court.
2.
The court shall inform the person orally and in writing that if the
person is convicted of operating a motor vehicle during the period
of license suspension or postponement, the person shall be subject
to the penalties set forth in N.J.S.A. 39:3-40. The person shall be
required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of the written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
3.
If the person convicted under this subsection is not a New Jersey
resident, the court shall suspend or postpone, as appropriate, the
nonresident driving privilege for the person based on the age of the
person and submit to the Commission the required report. The court
shall not collect the license of the nonresident convicted under this
subsection.
No person shall consume or offer to another for consumption,
any alcoholic beverage in or on:
a.
Any public street, road, alley, sidewalk, park, playground, land
or building owned or occupied by any Federal, State, county or municipal
government;
b.
Any place to which the public is invited including, but not limited
to, motor vehicle parking yards servicing stores, offices and other
commercial enterprises, provided that nothing herein shall be construed
to prohibit the consumption or sale of alcoholic beverages within
the licensed premises of a plenary retail consumption liquor licensee,
or the consumption of wine within a bona fide restaurant which is
licensed by the board of health; and
c.
Any motor vehicle as defined by New Jersey Statute 39:1-1, while
the same is not in operation but located in or on any public street,
road, alley, park, playground, land or building owned or occupied
by the Federal, State, county or municipal government, or any place
to which the public is invited including, but not limited to, motor
vehicle parking yards servicing stores, offices and other commercial
enterprises.
Unless the same is contained in a closed or sealed container,
no person shall possess any alcoholic beverage in or on:
a.
Any public street, road, alley, sidewalk, park, playground, land
or building owned or occupied by any Federal, State county or municipal
government.
b.
Any place to which the public is invited, including, but not limited
to, motor vehicle parking yards servicing stores, offices and other
commercial enterprises, provided that nothing herein shall be construed
to prohibit the possession of alcoholic beverages within the licensed
premises of a plenary retail consumption liquor licensee, or the possession
of wine within a bona fide restaurant which is licensed by the board
of health.
c.
Any motor vehicle as defined by New Jersey Statute 39:1-1, while
the same is not in operation, but located in or on any public street,
road, alley, park, playground, land or building owned or occupied
by the Federal, State, county or municipal government, or any place
to which the public is invited including, but not limited to, motor
vehicle parking yards servicing stores, offices and other commercial
enterprises.
[Amended 7-25-2022 by Ord. No. 2022-11]
a.
The Borough
Council may, by motion and upon application being made therefor and
for good cause, permit the possession and consumption of alcoholic
beverages within premises not covered by a plenary retail consumption
liquor licensee, for special functions or social events. The permission,
if granted, shall be consistent with the Alcoholic Beverage Control
Law of the State of New Jersey and the regulations enacted pursuant
thereto, and upon such further conditions as may be imposed by the
Borough Council.
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.
Proceedings for suspension or revocation shall be in accordance
with the provisions of R.S. 33:1-31 by service of a five-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.
All licensees under this chapter who sell alcoholic beverages shall prominently post on their premises a warning of the dangers to the unborn children of women who consume alcoholic beverages while pregnant. The nature and type of warning sign shall be determined by the Borough of Flemington Board of Health, which shall prepare and distribute the warning signs. Any licensee violating the provisions of this section shall be subject to the penalties as provided for in § 3-11.
