[New]
This Chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Mahwah 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, words and phrases herein shall have the same meaning as in N.J.S.A. 33:1-1 et seq., and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
[New]
All applications for licenses, all licenses issued and all proceedings under this Chapter shall be in accordance with the acts, rules and regulations referred to in Section 6-1, and all other applicable laws of the State of New Jersey or the United States.
[New]
All licenses required by this Chapter shall be issued by the Mayor and Township Council, which shall also administer the provisions of this Chapter.
[New]
No person shall sell or distribute alcoholic beverages within the Township without obtaining a license in accordance with the act referred to in Section 6-1 and the provisions of this Chapter.
[Ord. #108; Ord. #505; Ord. #564; Ord. #729; Ord. #837; Ord. #886; 1976 Code § 74-11, § 74-12, § 74-13; Ord. #937, §§ I, II; Ord. #982, §§ I, II; Ord. #1024, §§ I, II; Ord. #1048, § I, II; Ord. #1074; Ord. #1108; Ord. #1128; Ord. #1218; Ord. #1300]
Fee for plenary retail consumption license. For the licensing year commencing July 1, 1999 and until further amended, the annual fee for a plenary retail consumption license shall be $1,890.
Fee for plenary retail distribution license. For the licensing year commencing July 1, 1999 and until further amended, the annual fee for a plenary retail distribution license shall be $1,398.
Fee for the club license. For the licensing year commencing July 1, 1999 and until further amended, the annual fee for a club license shall be $150.
[Ord. #108; Ord. #227; Ord. #700; 1976 Code § 74-10]
Nothing in subsection 6-3.4 shall be deemed to prohibit issuance of a new plenary retail consumption license to a person operating a hotel or motel containing at least 100 bona fide sleeping rooms; provided, however, that any such new plenary retail consumption license shall be issued subject to the condition that the establishment continue in operation as a hotel or motel containing at least 100 bona fide sleeping rooms, and provided further that such license shall not be renewed or transferred except for premises operated as a hotel or motel containing at least 100 bona fide sleeping rooms.
[Ord. #108; 1976 Code § 74-9]
It is the pronounced policy of the Township not to issue any seasonal retail consumption license nor limited retail distribution licenses in the Township.
[Ord. #106; 1976 Code § 74-1]
No alcoholic beverages shall be sold, delivered or served to or consumed in any licensed premises on any day between the hours of 2:00 a.m. and 6:00 a.m. except Sundays, Christmas Day, and New Year's Day each year as hereinafter provided.
[Ord. #106; 1976 Code § 74-1; Ord. #1130]
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 3:00 a.m. and 12:00 noon.
[Ord. #106; Ord. #751; 1976 Code § 74-2; Ord. #751]
No holder of a plenary retail distribution or consumption license shall sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of, distilled spirits, in original or open containers for off-premises consumption on weekdays prior to 9:00 a.m. or after 10:00 p.m. or on Sundays prior to 12:00 noon or after 10:00 p.m., excepting Christmas Day and New Year's Day each year as hereinafter provided.
[Ord. #106; 1976 Code § 74-3]
Provisions of subsection 6-4.1 shall not apply on Christmas Day (December 25) and New Year's Day (January 1). On that day alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 4:00 a.m. and 6:00 a.m. when it falls on a weekday. When December 25 and January 1 falls on a Sunday, no alcoholic beverages may be sold, served, delivered or consumed between the hours of 4:00 a.m. and 12:00 noon.
[Ord. #106; 1976 Code § 74-4]
The hours above referred to shall be Eastern standard time except at such time as Eastern daylight saving time is in effect in the State of New Jersey.
[New]
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; Ord. #1130]
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 section shall not apply to only twenty-four hour diners within the Township of Mahwah that sell food and non-alcoholic beverages to their customers during the period of time when the sale of alcoholic beverages is prohibited.
[New]
No licensee shall sell or serve alcoholic beverages to persons under the legal age.
[Ord. #168; 1976 Code § 74-14; New]
a. 
No plenary retail distribution license, except renewals and transfers from person to person for the same premises covered by the previous license, shall be granted for or transferred to any premises within 1,000 feet of other licensed premises covered by a plenary retail distribution license.
b. 
No plenary retail consumption license, except renewals and transfers from person to person, for the same premises covered by the previous license, shall be granted for or transferred to any premises within 1,000 feet of other licensed premises covered by a plenary retail consumption license.
[Ord. #168; 1976 Code § 74-15]
Nothing in subsection 6-6.1 shall prevent transfer of a license to premises located within 1,000 feet of the premises for which the license issued and outstanding at the date of the adoption of this section.
[Ord. #168; 1976 Code § 74-16]
The 1,000 feet referred to in this section shall be measured in the normal way that a pedestrian would properly walk from the nearest entrance of the license premises to the nearest entrance of the premises sought to be licensed.
[New]
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 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. #1376, §§ I, II]
a. 
It is unlawful for any person under the legal age who, without legal authority, knowingly possess or knowingly consumes an alcoholic beverage on private property.
b. 
Exceptions.
1. 
The prohibition contained in paragraph a of this section 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. 
As used in this section "guardian" means a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment. "Relative" means the underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
c. 
Nothing contained in this Section 6-8 shall prohibit possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is 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, nothing in this section shall be construed to preclude the imposition of a penalty under this section, R.S. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
d. 
Penalties.
1. 
Any violation of the preceding paragraph a of this section shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense.
2. 
In addition to the fine authorized for this offense, the court may suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person, any suspension or postponement of that person's driver's license, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement imposed by the court pursuant to this section. If a person at the time of the imposition of a 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 the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
3. 
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 Division 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.
4. 
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 R.S. 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 R.S. 39:3-40.
5. 
If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Division the required report. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.