Editor's Note: See Entertainment License, Section 4-12.
[1974 Code § 6-1]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Fairview 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 et seq., and in accordance with the rules
and regulations of the State Director of Alcoholic Beverage Control.
[1974 Code § 6-2]
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 regulation of the Director of the Division of Alcoholic Beverage
Control.
[1974 Code § 6-3.1]
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.
[1974 Code § 6-3.2]
All licenses required by this chapter shall be issued by the
Mayor and Borough Council, which shall also administer the provisions
of this chapter.
[1974 Code § 6-3.3]
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.
[1974 Code § 6-3.4; Ord. No. 78-5 § 1; Ord. No. 83-16; Ord. No. 84-6; Ord. No. 01-5; Ord. No. 08-19; Ord. No. 11-6]
The annual fees and maximum number of licenses for the sale
or distribution of alcoholic beverages in the Borough shall be as
follows:
a.
Plenary Retail Consumption License with Broad Packaging Privileges
Fees: $2,500
b.
Plenary Retail Consumption License: $2,500.
c.
Plenary Retail Distribution License Fees: $1,600.
d.
Club License Fees Annual License: $188.
The provisions of this subsection with respect to the limitation
of the number of licenses shall not apply to the renewal or transfer
or licenses presently issued.
[1974 Code § 6-4.1; Ord. No. 98-31; New; Ord. No. 04-10]
a.
No alcoholic beverage shall be sold, delivered or served to or consumed
in any licensed premises in a residential zone on any day between
the hours of 2:00 a.m. and 7:00 a.m. except Sundays and New Year's
Day, as hereinafter provided.
b.
No alcoholic beverage shall be sold, delivered or served to or consumed
in any licensed premises in a commercial zone on any day between the
hours of 2:00 a.m. and 7:00 a.m.
[1974 Code § 6-4.2; Ord. No. 73-7; Ord. No. 98-31; Ord. No. 04-10]
Provisions of subsection 6-4.1a 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 2:00 a.m. and 12:00 noon.
[1974 Code § 6-4.3; Ord. No. 98-31; Ord. No. 04-10]
Provisions of subsection 6-4.1 shall not apply on January 1. On that day, alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises throughout the entire day.
[1974 Code § 6-4.4]
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 any of the above named
classes or persons, or permit any such persons to congregate in or
about the licensed premises.
[1974 Code § 6-4.5; Ord. No. 73-7]
During the hours 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. This closing
of premises requirement shall not apply to hotels, restaurants, or
other establishments where the principal business is other than the
sale, service or delivery of alcoholic beverages.
[1974 Code § 6-5; Ord. No. 69-4]
All applicants for plenary retail consumption licenses or for
person-to-person transfers of plenary retail consumption licenses
shall appear and be fingerprinted by the Police Department of the
Borough or submit to the Police Department their fingerprints taken
by another duly authorized governmental Police agency, and in the
case of corporation applicants for such a license or license transfer
the fingerprinting requirements shall apply with respect to all persons
holding stock in the corporation.
Nothing in this subsection shall be deemed to apply to persons
holding licenses in the Borough on April 8, 1969, or to applicants
for renewal or for place-to-place transfer only, except that as to
persons newly acquiring 25% or more of the stock of an applicant corporation
the fingerprinting requirement shall apply.
[1974 Code § 6-6; Ord. No. 90-31 § 1]
No licensee shall sell or serve any alcoholic beverage to any
person under the age of 21 years of age.
[1974 Code § 6-7]
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.
[1974 Code § 6-8.1; Ord. No. 75-11]
No plenary retail consumption licensee shall continue to employ
or employ newly any person who has failed to comply with the requirements
of this section.
[1974 Code § 6-8.2; Ord. No. 75-11]
a.
Each employee in the employ of a licensee holding a plenary retail
consumption license in the Borough shall make full and complete answers
in writing on forms supplied by the Police Department to all questions
printed thereon as to the identity, character, previous employment
record and general experience of such employee. This section shall
not be deemed to apply to persons to be employed for an overall period
of less than seven days per year.
b.
Upon notification in future by the Borough Clerk to any person, firm
or corporation that his, their, or its application for a plenary retail
consumption license has been approved, each employee to be connected
with or employed by the licensee before the Borough shall issue the
license shall make full and complete answers in writing on forms supplied
by the Police Department to all questions printed thereon as to the
identity, character, previous employment record and general experience
of such employee. This subsection shall not be deemed to apply to
persons to be employed for an overall period of less than seven days
per year.
[1974 Code § 6-8.3; Ord. No. 75-11]
The Police Department shall, unless good cause be shown to the
contrary, furnish to the employee an identification certificate showing
compliance with the terms of this section. The identification certificate
shall be maintained on file on the premises of the licensee so that
it may be exhibited upon demand of proper authority at any time. The
identification certificate shall remain the property of the Borough,
shall pertain to employment only on the premises for which it is issued
initially, and shall be returned to the Police Department by the licensee
of the premises for which it is issued at the time of the termination
of employment of the individual whom it identifies.
[1974 Code § 6-8.4; Ord. No. 75-11]
a.
No licensee mentioned in subsection 6-8.2 above shall employ any employee unless he shall have complied with all the provisions of this section. No licensee shall employee any new employee in connection with the licensed premises unless, within 24 hours after his employment shall have commenced, he shall have complied with all the provisions of this section and shall have submitted to the licensee the identification certificate specified above.
b.
If any employee works for more than one employer, he will be issued
a separate identification card for each employer.
[1974 Code § 6-8.5; Ord. No. 75-11]
Identification certificates issued under the provisions of this
section may be revoked by the Police Department for any of the following
reasons:
[1974 Code § 6-8.6; Ord. No. 75-11]
Any person aggrieved by the action of the Police Department
in the denial of an application for identification certificate or
revocation of an identification certificate as provided for in this
section, shall have the right of appeal to the Mayor and Borough Council,
within 14 days after notice of action complained of has been mailed
to such person's last known address; the notice of appeal shall
contain a written statement setting forth fully and completely the
ground for the appeal. The Mayor and Council shall set a time and
place for a hearing of such appeal and notice of such hearing shall
be given to the appellant by certified mail. The hearing shall take
place within 30 days of the mailing. The decision and order of the
Mayor and Council shall be final and conclusive.
[1974 Code § 6-8.7; Ord. No. 75-11; Ord. No. 90-31 § 2]
The fee for employee's identification certification shall
be paid to the Police Department. Initial fee shall be $10 which shall
include fingerprinting and processing fee for the first year. Renewals
thereafter shall be $5 per year.
[1974 Code § 6-8.8; Ord. No. 75-11]
Each employee's identification certificate shall cover
the calendar year commencing July 1 and ending June 30. Applications
for renewal shall be made no later than May 31 in each year.
[1974 Code § 6-8.9; Ord. No. 75-11]
Any person, firm, partnership or corporation violating any of
the provisions of this section, shall, upon conviction thereof, pay
a fine not exceeding the sum of $500, or shall suffer imprisonment
in the County Jail for not more than 90 days or both, in the discretion
of the Judge of the Municipal Court, and shall be subject to such
other penalties as shall be prescribed by the rules and regulations
of the Director of the Division of Alcoholic Beverage Control.
[New]
It shall be unlawful for a person under the legal age while
in any premises licensed for the sale of alcoholic beverages to purchase,
consume or have served or delivered to him or her any alcoholic beverages.
A person under the legal age may enter any licensed premises
in the regular pursuit of his business, trade, or occupation.
[New]
It shall be unlawful for a person under the legal age to purchase,
attempt to purchase or have another purchase for him or her any alcoholic
beverages.
[New]
It shall be unlawful for any person under the 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.
[New]
No person shall invite or induce any person under the legal
age to be served with or have in his or her possession any alcoholic
beverage.
[N.J.S.A. 33:1-81]
It shall be unlawful for:
a.
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
b.
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,
c.
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 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 $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 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.
