[1972 Code § 38-1]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Manasquan 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.
[1972 Code § 38-2]
For the purpose of this chapter, the 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.
All applications for license, 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.
[1972 Code § 38-3]
All licenses required by this chapter shall be issued by the Borough Council, which shall also administer the provisions of this chapter.
[1972 Code § 38-5]
All applications for licenses shall be accompanied by a plan, in duplicate, to scale, of the premises for which application is made, detailing, with measurements, the location and height of all walls, partitions and fixed furnishings therein. No changes, modifications or alterations in the premises shall be made without the consent of the Governing Body first had and obtained, the application for which shall be accompanied with a plan, in duplicate, to scale, detailing such property changes or modifications or alterations.
[1972 Code § 38-6A; Ord. No. 966]
No retail consumption license shall be issued for any premises having a floor space of less than 1,000 square feet.
The hours shall be construed to indicate Eastern Standard Time or Eastern Daylight Saving Time, whichever shall be in effect within the Borough.
[1972 Code § 38-4]
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.
[1972 Code § 38-6; Ord. No. 827; Ord. No. 907; Ord. No. 966; Ord. No. 1011; Ord. No. 1165; Ord. No. 1108; Ord. No. 1148; Ord. No. 1228; Ord. No. 1267; Ord. No. 1333; Ord. No. 1434; Ord. No. 1932-04 § 1; Ord. No. 2180-15]
The annual fees of licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows:
No seasonal retail consumption or limited retail distribution licenses shall be granted in this municipality.
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. The licenses fees shall be payable in accordance with the New Jersey Statutes Annotated and rules and regulations promulgated by the Division of Alcoholic Beverage Control.
The foregoing license fees are hereby fixed and imposed for the purpose of revenue.
Nothing herein contained shall prevent the issuance of plenary retail consumption licenses in excess of the above quota for bona fide hotels or motels containing 100 sleeping rooms, or for hereafter constructed and newly established hotels or motels containing at least 100 sleeping rooms. Hotel or motel premises for which plenary retail consumption licenses are issued pursuant to this exception shall continue to be operated as bona fide hotels or motels and for failure to do so the license will be subject to revocation.
[1972 Code § 38-10; Ord. No. 916]
No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages on licensed premises on weekdays between the hours of 2:00 a.m. and 8:00 a.m.
[1972 Code § 38-10; Ord. No. 916; Ord. No. 2259-18 § 1]
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 or permit the consumption of any alcoholic beverages on licensed premises between the hours of 2:00 a.m. and 10:00 a.m.
[1972 Code § 38-10; Ord. No. 916]
[1972 Code § 38-10B; Ord. No. 1202; Ord. No. 2259-18 § 2]
No licensee shall sell or deliver or allow, permit or suffer the sale or delivery of any distilled spirits at retail in the original container for consumption off the licensed premises or allow, permit or suffer the removal of any distilled spirits in its original container from the retail licensed premises before 9:00 a.m. or after 10:00 p.m. on any day of the week except Sunday, and on Sunday before 10:00 a.m. or after 8:00 p.m., except as provided for by any rule or regulation of the Division of Alcoholic Beverage Control.
[1972 Code § 38-11; Ord. No. 954]
No licensee shall sell, serve or deliver, nor allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, to intoxicated persons, or to any person under the legal age, or allow, permit or suffer the consumption of alcoholic beverages by any such person upon the licensed premises, or permit any of the same to congregate in or about the licensed premises, or shall any minor be allowed in any room in which any bar is located, unless accompanied by one of his or her own parents.
[New; Ord. No. 2259-18 § 3]
No licensee shall permit, suffer or allow any person to be on or upon any part of the licensed premises on any weekday between the hours of 2:00 a.m. and 8:00 a.m. or on Sundays between the hours of 2:00 a.m. and 10:00 a.m. except regular employees of the licensee actually engaged in the course of their employment; tradesmen with whom the licensee is actually engaged in doing business or public officers or employees engaged in the course of their official duties.
[1972 Code § 38-7]
No retail distribution licensee shall permit the sale of alcoholic beverages in and upon any premises in which any other mercantile business is carried on except the retail sale of cigars, cigarettes and tobacco as an accommodation to patrons, and the sale of chewing gum and Clorets, and cocktail cherries, olives and onions, and bitters, ice cubes and bottle stoppers, and potato chips, popcorn, pretzels, nuts, corn twists, Fritos and similar snack items.
[1972 Code § 38-8; Ord. No. 966]
No club license shall be granted except to organizations having exclusive possession of a premises no less than 800 feet in area. The premises shall be separated by permanent building walls or partitions from any other premises not under the exclusive control of the licensee.
[1972 Code § 38-12]
No licensee shall, directly or indirectly, solicit from house to house, personally or by telephone, the purchase of alcoholic beverages, nor allow, permit or suffer such solicitation.
[1972 Code § 38-14]
No licensee shall allow, permit or suffer in or upon the licensed premises any disturbance, brawl or unnecessary noise, nor allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance.
[1972 Code § 38-15]
No licensee shall allow, suffer or permit any lottery to be conducted, nor any ticket or participation right in any lottery to be sold or offered for sale, on or about the licensed premises.
[1972 Code § 38-16]
No licensee shall engage in or allow, permit or suffer any pool selling, bookmaking or any playing for money or other valuable thing at faro, roulette, rouge et noir, nor any unlawful game or gambling of any kind, nor any device or apparatus designed for any such purposes, on or about the licensed premises.
[1972 Code § 38-17]
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.
[1972 Code § 38-19]
No licensee shall permit or suffer the display, on the exterior of the licensed premises, of any signs or other advertising matter bearing the name, brand or trademark of any manufacturer or wholesaler of any alcoholic beverage.
[1972 Code § 38-20]
No licensee shall, directly or indirectly, advertise, or permit or suffer the advertising of, the price of any alcoholic beverage or size of the container thereof on the exterior of the licensed premises, or in the show window or door thereof, or in the interior thereof when visible from the street.
[1972 Code § 38-21]
No licensee shall permit or suffer in or on the licensed premises any sign or other matter advertising the sale of any particular brand or type of alcoholic beverages unless such brand or type of alcoholic beverage is actually available for sale at such premises.
[1972 Code § 38-22]
All premises in which alcoholic beverages are sold or dispensed, excepting guest rooms and private dining rooms in hotels, shall be so arranged that a full view of the interior may be had from the public thoroughfare. All such premises shall be lighted sufficiently so that a full view of the interior thereof may be had at all hours from the public thoroughfare.
[1972 Code § 38-23]
No delivery or deliveries of alcoholic beverages shall be made by any licensee of this municipality unless the same be accompanied by the original signed order and delivery memoranda or slips, which shall at all times be the subject of examination and checking with the alcoholic beverages then being delivered, by any officer or other person authorized and acting pursuant to instructions from such officer so doing in the course of or for the purpose of enforcing the Act and/or this section.
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.
[1972 Code § 38-36; Ord. No. 1120]
No person shall be served alcoholic beverages in any room which is not open to the use of the public generally, except that, in hotels or motels where entire premises are licensed, guests may be served in their rooms or in private or public dining rooms; and further, this prohibition shall not apply to alcoholic beverages served under club licenses.
[1972 Code § 38-37; Ord. No. 1120]
No alcoholic beverages shall be sold, served, delivered to or consumed in, or allowed to be sold, served or delivered to or consumed in, any licensed premises in which the number of persons is greater than one person to each seven square feet of floor area which is not covered by a bar or working space.
Editor's Note: This section was amended 2-28-1980 by order of the Superior Court of New Jersey.
[1972 Code § 38-38; Ord. No. 1237]
Every person, partnership or corporation holding or applying for any plenary retail consumption license is issued or to be issued in the Borough shall furnish to the Police Department, the name and address of each employee of the licensee whose employment requires his presence upon the licensed premises, except those employees who are employed primarily in the preparation, handling or service of food. The name and address of employees shall be furnished to the Police Department within 24 hours after the commencement of such employment or within 24 hours of approval of a license in instances of newly licensed premises.
[1972 Code § 38-39; Ord. No. 1237]
All persons who are employed on the premises of a plenary retail consumption licensee within the Borough, except those employees who are employed exclusively as waiters, waitresses, cashiers, cooks or kitchen helpers, shall register with the Police Department within seven days of their employment or within seven days of approval of a license in instances of newly licensed premises.
[1972 Code § 38-40; Ord. No. 1237]
The registration shall be accomplished by furnishing the following:
A color photograph of the employee, not less than two inches by two inches in size showing such employee from the shoulders up and accurately depicting the employee's facial features, including presence or absence of beard or mustache and color of hair, at the time of registration; and
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.
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.
[1972 Code § 38-26; Ord. No. 954; Ord. No. 1251]
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.
[1972 Code § 38-27; Ord. No. 954; Ord. No. 1251]
It shall be unlawful for a person in the Borough of Manasquan under legal age to purchase, attempt to purchase or have another purchase for him or her any alcoholic beverages.
[1972 Code § 38-28; Ord. No. 954; Ord. No. 1251]
It shall be unlawful for any person under 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.
[1972 Code § 38-29; Ord. No. 954; Ord. No. 1251]
No person under legal age shall order, be served with or have in his or her possession any alcoholic beverages.
[1972 Code § 38-31; Ord. No. 766; Ord. No. 954; Ord. No. 1251]
No person under legal age shall have in his or her possession any altered or false document or documents which can be used for the purpose of identification and/or establishing the age of the person.
[1972 Code § 38-31A; Ord. No. 1251]
For the purpose of this section, legal age shall mean that age established pursuant to N.J.S.A. 9:17B-1, and as same may be amended and supplemented by the Legislature of the State of New Jersey.
[1972 Code § 38-32; Ord. No. 874; Ord. No. 1251; New; Ord. No. 2181-15; Ord. No. 2185-15]
Statutory Penalty. 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, shall be punished by a fine of not less than $500. In addition, the Court shall suspend the person's license to operate a motor vehicle for six months or prohibit the person from obtaining a license to operate a motor vehicle in this State for six months beginning on a date he/she 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 who purchases or attempts 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.
[Ord. No. 1831-00 § 2]
It is hereby unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.
[Ord. No. 1831-00 § 2]
Any person found guilty of violating the terms of this section shall be subject to a fine of $250 for the first offense and a fine of $350 for any subsequent offense. In addition, the court may, upon a finding of guilty, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privileges of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, 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 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. If the defendant at the time of the imposition of the 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. The defendant 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 the 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, the nonresident driving privilege of the person based on the age of the person and submit to the Commission 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 Commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
[Ord. No. 1831-00 § 3]
This section shall not prohibit an underage 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.
This section shall not prohibit the possession of alcoholic beverages by any underage person while actually engaged in the performance of employment by a person who has been 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, this section shall not be construed to preclude the imposition of a penalty under this section, N.J.S.A. 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.
[Ord. No. 1831-00 § 4]
As used in this section, the following terms shall have the meanings indicated.
- Shall mean a person who has qualified as a guardian of the underage person pursuant to a testamentary or court appointment.
- Shall mean the underage person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.