[New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Rockleigh in accordance with
the provisions of an Act of 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.
[New]
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. The hours referred to shall be Eastern standard time or Eastern
daylight saving time, depending upon current Federal regulation.
[New]
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.
[New]
All licenses required by this chapter shall be issued by the
Mayor and Borough Council, which shall also administer the provisions
of this chapter.
[New]
No person shall sell or distribute alcoholic beverages within the Borough of Rockleigh 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.
[1973 Code § 36-1; Ord. No. 07-02-05]
The classes of licenses and annual license fees of licenses
for the sale and distribution of alcoholic beverages in the Borough
shall be as follows:
a.
License Fees.
|
Class of License
|
Annual License Fee
|
Maximum Number
|
|---|---|---|
|
Plenary Retail Consumption License
|
$2,500.00
|
1
|
|
Club License
|
$188.00
|
1
|
b.
Term. All licenses shall be for a term of one (1) year, and all fees
shall be paid in advance upon presentation of an application.
c.
Qualification. No license shall be issued to any person not fully
qualified under the provisions of Title 33 of the New Jersey Statutes
Annotated as amended and supplemented.
d.
Number of Licenses. The number of licenses shall not be in excess
of that permitted under the applicable State Law. Nothing herein shall
have the effect of disabling the issuance of and renewal or transfer
of existing licenses.
[1973 Code § 36-3]
Under a Plenary Retail Consumption License, there shall be no
public bar on the licensed premises but a service bar or service bars
only, and no service of alcoholic beverages except to persons seated
at tables.
[1973 Code § 36-4]
No licensee shall sell, serve or deliver or allow, or permit
the sale, service, or delivery of any alcoholic beverage or permit
the consumption of any alcoholic beverage on a licensed premises on
Monday between the hours of 12:00 midnight Sunday and 11:00 a.m.,
and on other weekdays between 2:00 a.m. and 11:00 a.m., except Sundays,
and New Year's Day each year as hereinafter provided.
[1973 Code § 36-4]
Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 2:00 a.m. and 1:00 p.m.
[1973 Code § 36-4]
Provisions of subsection 6-4.1 shall not apply on January 1. On that day, no licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on licensed premises on New Year's Day when it is a weekday or a Sunday between the hours of 5:00 a.m. and 11:00 a.m.
[New]
During the hours that the sale of alcoholic beverages are prohibited,
the entire licensed premises shall be closed and no person shall be
admitted or permitted to remain thereon except the licensee or bona
fide employees of the licensee. This 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. The "closing of the
licensed premises" shall be defined as having all persons who are
not employees off the premises and, in addition, shall mean that no
alcoholic beverages shall be served or consumed by anyone.
[New]
No licensee shall sell, serve or deliver, nor shall any licensee
suffer or permit the sale, service or delivery of, any alcoholic beverage,
directly or indirectly, to any intoxicated person or persons under
the legal age; or allow, permit or suffer the consumption of alcoholic
beverages by any such persons upon the licensed premises; or permit
any such persons to congregate in or about the licensed premises.
[New]
No licensee shall cause, permit or suffer any alcoholic beverage
to be sold, served or dispersed to any persons under the legal age,
as defined by New Jersey Statutes, or allow, permit or suffer the
consumption of alcoholic beverages by any such person upon the licensed
premises.
[New]
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 and Regulations of the
State's 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
against the licensee and affording a reasonable opportunity for a
hearing before the Borough Council.
c.
Suspension
or revocation of the license shall be in addition to any other penalty
which may be imposed for a violation of the provisions of this chapter.
[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.
[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.
[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 the 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)
