[Editor's Note: Chapter 6, Alcoholic Beverage Control,
received approval from the Division of Alcoholic Beverage Control
August 14, 1996.]
[New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Peapack and Gladstone 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 act, rules and regulations referred to in Section 6-1, and all other applicable laws of the State of New Jersey or the United States.
[Ord. No. 102 § 1]
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 without obtaining a license in accordance with the Act referred to in Section 6-1 and the provisions of this chapter.
[Ord. No. 103 §§ 1—3; Ord. No. 115 § 1; Ord. No. 123 § 1; Ord.
No. 128 § 1; Ord. No.
155 § 1; Ord. No. 270 § 1; Ord. No. 305 § 1; Ord. No. 349 § 1; Ord. No. 655 § 1; Ord. No. 827 § 1]
Pursuant to N.J.S.A. 33:1-12, the fees for the following licenses
as defined in N.J.S.A. 33:1-1 shall be as follows:
|
Class of License
|
License Fee
|
Number of Licenses
| |
|---|---|---|---|
|
a.
|
Retro to July 1, 2003
| ||
|
1. Plenary Retail
Consumption License
|
$2,000.00
|
3
| |
|
2. Plenary Retail
Distribution License
|
$1,522.00
|
2
| |
|
3. Club License
|
$63.00
|
2
| |
|
b.
|
Effective July 1, 2004
| ||
|
1. Plenary Retail
Consumption License
|
$2,400.00
|
3
| |
|
2. Plenary Retail
Distribution License
|
$1,826.00
|
2
| |
|
3. Club License
|
$ 63.00
|
2
| |
|
c.
|
Effective July 1, 2005
| ||
|
1. Plenary Retail
Consumption License
|
$2,500.00
|
3
| |
|
2. Plenary Retail
Distribution License
|
$2,191.00
|
2
| |
|
3. Club License
|
$63.00
|
2
| |
|
d.
|
Effective July 1, 2006
| ||
|
1. Plenary Retail
Consumption License
|
$2,500.00
|
3
| |
|
2. Plenary Retail
Distribution License
|
$2,500.00
|
2
| |
|
3. Club License
|
$63.00
|
2
| |
[Ord. No. 103 § 7; Ord. No. 115 § 1; Ord. No. 128 § 1; Ord.
No. 155 § 1; Ord. No.
974]
No licensee shall sell, serve, deliver, or allow, permit or
suffer the sale, service or delivery of any alcoholic beverages on
licensed premises on weekdays and Saturdays between the hours of 2:00
a.m. and 7:00 a.m. No licensee shall allow, permit or suffer any consumption
of alcoholic beverages on the licensed premises on weekdays and Saturdays
between the hours of 2:00 a.m. and 7:00 a.m.
[Ord. No. 115 § 1; Ord. No. 128 § 1; Ord. No. 155 § 1; amended 3-12-2018 by Ord. No. 1068-2019]
The provisions of Subsection 6-4.1 shall not apply on Sundays. On Sundays, no licensee shall sell, serve, deliver, or allow, permit or suffer the sale, service or delivery of any alcoholic beverages on licensed premises between the hours of 2:00 a.m. and 11:00 a.m. No license shall allow, permit or suffer any consumption of alcoholic beverages on the licensed premises on Sundays between the hours of 2:00 a.m. and 11:00 a.m.
[Ord. No. 115 § 1; Ord. No. 128 § 1; Ord. No. 155 § 1]
Provisions of subsection 6-4.1 shall not apply on January 1. On that day alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 7:00 a.m. when it falls on a weekday. When January 1 falls on a Sunday, no alcoholic beverages may be sold, served, delivered or consumed between the hours of 5:00 a.m. and 12:00 noon.
[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.
[Ord. No. 115 § 1; Ord. No. 155 § 1]
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.
[New]
No licensee shall sell, serve, deliver or allow, permit or suffer
the service or delivery of any alcoholic beverage, directly or indirectly,
to any person under the legal age.
[New]
It shall be unlawful for a person under the legal age 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.
[New]
It shall be unlawful for a person under the legal age 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 or her any alcoholic beverage.
[New]
It shall be unlawful for a person to misrepresent or misstate
his or her age or the age of any other person for the purpose of inducing
any retail licensee to sell, serve or deliver any alcoholic beverage
to a person under the legal age.
[New]
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 and in accordance with N.J.S.A. 33:1-81, P.L. 1985, c. 113,
shall be punished by a fine of not less than one hundred ($100.00)
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 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.
[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 (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.
