[2000 Code § 11:1]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Avalon 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 to 33:1-96, and in accordance with the rules and regulations of the State Director of Alcoholic Beverage Control.
[New]
For the purpose of this chapter, words and phrases herein shall have the same meaning as in N.J.S.A. 33:1-1 et seq., and rules and regulations of the Director of the Division of Alcoholic Beverage Control.
[2000 Code § 11:1-1.1]
All applications for licenses, all licenses issued, and all proceedings under this chapter shall be in accordance with the act and the rules and regulations referred to in this chapter, and all other applicable laws of the State of New Jersey or of the United States.
[2000 Code 11:1-2]
All licenses required by this chapter shall be issued by the Borough Council, which shall also administer the provisions of this chapter.
[New]
All applications for licenses shall be in writing on official forms supplied by the Division of Alcoholic Beverage Control, and shall meet all requirements of the Division. The application made under oath, shall be filed with the Borough Clerk.
[New]
All applications for licenses shall be referred by the Borough Clerk to the Police Department, which shall investigate the character and fitness of the applicant and the premises proposed for license, and shall report its recommendations in writing to the Mayor and Council.
[New]
All licenses issued by the Borough Council shall be signed and sealed by the Borough Clerk as municipal agent designated by the municipal issuing authority.
[2000 Code § 11:1-3]
No person shall sell or distribute alcoholic beverages within the Borough without obtaining a license in accordance with the Act referred to Section 11-1 and the provisions of this chapter.
[2000 Code § 11:2; Ord. No. 656-2012; amended 4-8-2026 by Ord. No. 903-2026]
a. 
Number. The annual fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows;
Class of License
Maximum
Fee
Plenary Retail Consumption License
8
$2,500
Plenary Retail Distribution License
1
$2,500
Club License
2
$188
b. 
License Fees.
1. 
Plenary Retail Consumption Fee. The fee for a plenary retail consumption license shall be the maximum established by the Division of Alcoholic Beverage Control, beginning with the 2013-2014 license term. The annual fee for renewal of a Plenary Retail Consumption License may not be raised or lowered more than twenty (20%) percent for the fee charged the preceding year.
2. 
Plenary Retail Distribution License Fee. The fee for a plenary retail consumption license shall be the maximum established by the Division of Alcoholic Beverage Control, beginning with the 2013-2014 license term. The annual fee for renewal of a Plenary Retail Distribution License may not be raised or lowered more than twenty (20%) percent for the fee charged the preceding year.
3. 
Club License Fee. The fee for a Club license shall be the maximum established by the Division of Alcoholic Beverage Control, beginning with the 2013-2014 license term.
[2000 Code § 11:1-6]
All licenses shall run from July 1 to June 30 following, except those issued during the fiscal year which shall run from the effective date thereof to June 30 following. License fees shall be prorated on a per diem basis, from the effective date of the license to June 30 following.
[2000 Code § 11:3-1; 11:3-2; Ord. No. 656-2012; Ord. No. 756-2017]
a. 
Plenary Retail Consumption Licenses and Club Licenses. Alcoholic beverages shall not be sold, delivered, served or consumed in any licensed premises by a licensee or an employee of such licensee holding either a Plenary Retail Consumption License or a Club license during the following times:
1. 
Sunday: Sales are prohibited between the hours of 2:00 a.m. and 9:00 a.m.
2. 
Monday through Saturday: Sales are prohibited between the hours of 2:00 a.m. and 7:00 a.m.
All such licensed premises shall be vacated by 2:30 a.m. each day except for employees.
b. 
Plenary Retail Distribution Licenses. Licensees holding a Plenary Retail Distribution License shall adhere to the same sale prohibitions applicable to Plenary Retail Consumption Licensees and Club Licensees set forth in paragraph a. above:
1. 
Sunday: Sales are prohibited between the hours of 2:00 a.m. and 9:00 a.m.
2. 
Monday through Saturday: Sales are prohibited between the hours of 2:00 a.m. and 7:00 a.m.
All such licensed premises shall be vacated by 2:30 a.m. each day except for employees.
[2000 Code § 11:5]
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, or permit the consumption of alcoholic beverages on any licensed premises by any of the above-named persons.
[New]
During the hours that the sale of alcoholic beverages are prohibited, the entire licensed premises shall also be closed and no person shall be admitted or permitted to remain therein except the licensee or bona fide employees of the licensee; except that this closing of premises requirement shall not apply to hotels, restaurants, or to other establishments where the principal business is other than the sale of alcoholic beverages.
[2000 Code § 11:6]
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 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.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
[Ord. No. 622-2009]
Upon any Borough official or employee discovering, or being informed of, alleged violations of New Jersey statues and regulations governing liquor license establishments or licensees, Borough ordinances governing liquor license establishments or licensees, and/or special conditions imposed on a particular license by the Borough, the official or employee who discovered or learned of the alleged violation shall refer the matter to the Chief of Police, or the Chief's designee, who shall have the allegation(s) investigated. Upon completion of the investigation, the Chief shall forward a report, including all information gathered during the investigation, to the Borough Council Public Safety Committee. The Public Safety Committee and the Chief of Police, or the Chief's designee if the Chief is unavailable, shall meet to review the allegations and make a determination of whether the results of the investigation warrant: (a) referral of the alleged violation(s) to the New Jersey Division on Alcoholic Beverages, (b) referral of the alleged violation(s) to Borough Council for a hearing, (c) consideration of the alleged violation(s) upon the annual review of the licensee's license in accordance with New Jersey alcoholic beverage laws; (d) the issuance of a warning letter to the licensee, or (e) no additional action. The Public Safety Committee shall take such action as it considers necessary to ensure that its recommended action, if any, is implemented. If the matter is referred to Borough Council for a hearing, the hearing shall be conducted in accordance with the laws of the State of New Jersey and applicable Borough ordinances.
It shall be unlawful for 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. (N.J.S.A. 33:1-81a)
It shall be unlawful for any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages. (N.J.S.A. 33:1-81c)
It shall be unlawful for 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. (N.J.S.A. 33:1-81d)
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 or postpone the person's license to operate a motor vehicle for six (6) months.
Upon the conviction of any person under this section, the court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than seventeen (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 the sentence is imposed and shall run for a period of six (6) months after the person reaches the age of seventeen (17) years.
If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the Motor Vehicle Commission along with the 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 period imposed by the court.
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. A 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 a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, given the age at the time of sentencing, the non-resident driving privilege of the person and submit to the Motor Vehicle Commission the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the Motor Vehicle Commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act 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)