This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Midland Park 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 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 N.J.S.A. 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 Section 6-1, 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 Mayor and Council, which shall also administer the provisions of this chapter.
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.
[1973 Code §§ 40-6 and 40-9; Ord. #753, § 1; Ord. #778, § 1; Ord. #804, § 2; New; Ord. #825, § 2; Ord. #17-89, § 1; Ord. #37-89, § 2]
The annual fees and maximum number of licenses for the sale and distribution of alcoholic beverages in the Borough shall be as follows:
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.
[Ord. #807, § 1]
No alcoholic beverages shall be sold, served or delivered, nor shall any licensee suffer or permit the sale, service or delivery of any alcoholic beverage, directly or indirectly, upon the licensed premises except club licenses, on any weekday between the hours of 2:00 a.m. and 7:00 a.m. except Sundays and New Year's Day.
[Ord. #807, § 1]
The provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages shall be sold, served or delivered upon the licensed premises, between the hours of 2:00 a.m. and 11:00 a.m., except for club licenses.
[Ord. #807, § 1]
The provisions of subsection 6-4.1 shall not apply on January 1. On that day, no alcoholic beverages may be sold, served or delivered between 4:00 a.m. and 7:00 a.m. when January 1 is a weekday, and between 4:00 a.m. and 11:00 a.m., when January 1 is a Sunday.
[Ord. #807, § 1]
The hours referred to in this chapter shall be construed to indicate standard time or daylight saving time, during such period that each may be in effect in the municipality.
[1973 Code § 40-7; Ord. #563]
The holder of a club license shall be entitled, subject to the rules and regulations, to sell only to bona fide club members and their guests alcoholic beverages intended for immediate consumption on the licensed premises. Each application for a club license shall set forth the names and addresses of all officers, trustees, directors or other governing officials, together with all of the names and addresses of the members of the applying club, corporation or association, and together with a copy of the certificate of incorporation and, if an association, the articles of the association.
In addition to the other provisions of this chapter and the rules and regulations of the Division of Alcoholic Beverage Control, the club licenses shall be further restricted as follows:
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, nor permit the consumption of alcoholic beverages on any licensed premises by the persons named above.
During the hours in which sales of alcoholic beverages are hereinabove 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.
[1973 Code § 40-21; New; Ord. #30-91, § 2]
No licensee shall sell, serve or deliver, or allow, permit or suffer the service or delivery of any alcoholic beverage, directly or indirectly, to any person under the age of twenty-one (21) years, or allow, permit or suffer the consumption of alcoholic beverages by any such person upon the licensed premises.
[N.J.S.A. 33:1-81, as amended, P.L. 1985, c. 113]
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; or
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,
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 subsection shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, in accordance with N.J.S.A. 33:1-81, as amended, 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 alcoholic 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.
[Ord. #30-91, § 1]
No person under the age of twenty-one (21) years shall purchase, accept or consume any alcoholic beverage in or upon any premises licensed to sell alcoholic beverages in this Borough.
[Ord. #30-91, § 3]
Any person (including, without limitation, any licensee) who shall sell or distribute any alcoholic beverage without having complied with or in violation of any of the provisions of this chapter shall be subject to a fine of not more than one thousand ($1,000.00) dollars or imprisonment for not more than ninety (90) days, or by both such fine and imprisonment, in the discretion of the Court or by a period of community service not exceeding ninety (90) days.
[Ord. #09-02, § 1]
Any person under the legal age to purchase alcoholic beverages who knowingly possesses or consumes any alcoholic beverage in or on any school property, public conveyance, public place or place of public assembly or on private property shall be in violation of this subsection. Upon conviction, such underage person shall be subject to a fine of two hundred fifty ($250.00) dollars for the first offense and three hundred fifty ($350.00) dollars for any subsequent offense; at the discretion of the court, perform community service for a period not to exceed one hundred eighty (180) days; at the discretion of the court, have a New Jersey driving privilege suspended or postponed for six (6) months; and, if considered necessary by the court, be referred to an alcoholic treatment program at the defendant's expense.
This subsection shall not apply to persons under the legal age to purchase alcoholic beverages who possess or consume alcoholic beverages in the presence of and with the permission of the parent or legal guardian of said person, provided that said guardian is of the legal age to purchase alcoholic beverages, or if alcoholic beverage is being consumed in any religious observance, ceremony or rite. The subsection shall not apply to possession of an alcoholic beverage by an underage person employed by an alcoholic beverage licensee in the course of performing employment duties.
[1973 Code § 40-3]
All applicants 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 to the Mayor and Council.
[1973 Code § 40-15; New]
No licensee shall allow, suffer or permit any illegal lottery to be conducted or any ticket or participation right in any illegal lottery to be sold or offered for sale on or about the licensed premises.
[1973 Code § 40-16]
No licensee shall engage in or allow, permit or suffer any pool-selling, bookmaking or any playing for money at faro, roulette, rouge et noir or any unlawful game or gambling of any kind, or any device or apparatus designed for any such purpose, on or about the licensed premises.
[1973 Code § 40-17]
No licensee shall possess, allow, permit or suffer on or about the licensed premises any slot machine or device in the nature of a slot machine which may be used for the purpose of playing for money or other valuable thing.
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.