[1969 Code § 6-6; New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Fairfield 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.
[1969 Code § 6-6]
All licenses required by this chapter shall be issued by the
Mayor and 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.
[1969 Code § 6-6; Ord. No. 521; Ord. No. 542; Ord. No. 689; Ord. No.
708; Ord. No. 750; Ord. No. 782; Ord. No. 821; Ord. No. 839; Ord. No. 862; Ord. No. 894; Ord. No.
914 § 1; Ord. No. 2009-12 § 1]
The annual fees of licenses for the sale or distribution of
alcoholic beverages in the Township shall be as follows:
|
Class of License
|
Annual Fee
|
Number
|
|---|---|---|
|
Plenary Retail Consumption License
|
$2,400
|
14
|
|
Plenary Retail Distribution License
|
$2,221
|
1
|
|
Club License
|
$180
|
1
|
|
Hotel Exception License
|
$2,400
|
5
|
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 license fees shall be payable in
accordance with the New Jersey Statutes Annotated and rules and regulations
promulgated by the Commissioner of Alcoholic Beverage Control.
[1969 Code § 6-6; Ord. No. 592]
It is the intention of the Mayor and Council that no new plenary
retail consumption license shall be issued until the number outstanding
shall be reduced by surrender, revocation or nonrenewal to less than
10. The aforesaid limitation, however, shall not be deemed to prohibit
the grant of an application for a new plenary retail consumption license
to a person operating a hotel or motel containing at least 100 bona
fide guest sleeping rooms; provided, however, that there shall be
no renewal or transfer of such a newly issued license except for or
to premises operated as a hotel or motel containing at least 100 bona
fide guest sleeping rooms.
[Added 5-26-2020 by Ord.
No. 2020-08]
During a state of emergency, the Chief of Police may waive any on-site inspection requirements for applicants seeking to renew a license issued pursuant to Chapter 6. The Division of Alcoholic Beverage Control may reverse any such waiver if it determines that an on-site inspection is necessary prior to license renewal.
[1969 Code § 6-9; Ord. No. 2003-15 § 1]
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 7:00 a.m.
[1969 Code § 6-9]
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 4:30 a.m. and 7:00 a.m.
[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.
[1969 Code § 6-10; Ord. No. 94-13]
During the hours when the sale, service, delivery or consumption
of alcoholic beverages on licensed premises is prohibited, all licensed
premises must remain closed for business except for the sale, service,
delivery or consumption of food and/or non-alcoholic beverages. A
licensed premises which remains open when the sale, service, delivery
or consumption of alcoholic beverages on licensed premises is prohibited,
shall close to the public that portion of the licensed premises which
is utilized for the sale, service, delivery or consumption of alcoholic
beverages.
[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 license 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 $100. 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.
[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. No. 2005-07 § 1]
It shall be unlawful for any person under the legal age to knowingly
possess or consume an alcoholic beverage on private property without
legal authority.
[Ord. No. 2005-07 § 1]
The prohibition set forth herein shall not apply to:
a.
The consumption or possession of an alcoholic beverage in connection
with a religious observance, ceremony or rite or to the consumption
or possession of 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. For purposes
of this section, the term "guardian" is defined as person who has
qualified as a guardian of the underage person pursuant to testamentary
or court appointment, and the term "relative" is defined as the underage
person's grandparent, aunt or uncle, sibling, or any other person
related by blood or affinity.
b.
The possession of alcoholic beverages by an underage person while
actively engaged in the performance of employment by a person or entity
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 or a County vocational school or post-secondary
educational institution.
[Ord. No. 2005-07 § 1]
a.
Any person who shall violate any provision of this section shall,
upon conviction thereof, be subject to a fine of not more than $500.
b.
The Court may, in addition to the imposition of the fine authorized
herein, suspend or postpone the driving privileges of a person convicted
of an offense hereunder. Upon the conviction of any such 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. If a person at the time of the imposition of
the 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.
c.
The Court may inform the person convicted of an offense hereunder
orally and in writing that, if said person is convicted of operating
a motor vehicle during the period of license suspension or postponement,
said person shall be subject to the penalty set forth in N.J.S.A.
39:3-40, and said person shall be required to provide written acknowledgement
of the receipt of the written notice.
d.
If a person convicted hereunder is not a New Jersey resident, the
Court shall suspend or postpone, as appropriate, the nonresident driving
privilege of the person based upon the age of the person and submit
a report of said action to the Motor Vehicle Commission.
