Editor's Note: Chapter 6, Alcoholic Beverage Control, received approval from the State of New Jersey Division of Alcoholic Beverage Control July 24, 2009.
[2002 Code § 5.04.010]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Fair Haven 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.
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 rules and regulations of the Director of the Division of Alcoholic Beverage Control.
[2002 Code § 5.04.020]
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.
[2002 Code § 5.04.030]
All licenses required by this chapter shall be issued by the Mayor and Borough Council, which shall also administer the provisions of this chapter.
All applications for licenses shall be in writing on official forms supplied by the Division of Alcoholic Beverage Control, and shall meet all requirements of the Division. The application, made under oath, shall be filed with the Borough Clerk.
All applications 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 in writing to the Mayor and Council.
All licenses issued by the Mayor and Council shall be signed and sealed by the Borough Clerk as municipal agent designated by the municipal issuing authority.
[2002 Code § 5.04.040]
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.
[2002 Code § 5.04.050; Ord. No. 473; Ord. No. 509; Ord. No. 1-9-06A; Ord. No. 2007-6; Ord. No. 2008-03 § II; Ord. No. 2008-18; Ord. No. 2010-01; Ord. No. 2010-20; Ord. No. 2011-11; Ord. No. 2012-07; Ord. No. 2013-02]
The annual fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows: (The fees are restated in subsection 2-56.1, Fee Schedule.)
[2002 Code § 5.04.060]
All licenses shall run from July 1 to June 30 following, except those issued during the fiscal year which shall run from the effective date thereof to June 30 following. License fees shall be prorated on a per diem basis, from the effective date of the license to June 30 following.
[2002 Code §§ 5.04.070; 5.04.080; 5.04.090]
Weekdays and Saturdays. No alcoholic beverages shall be sold, delivered, served or consumed in any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m., except Sundays and New Year's Day each year as hereinafter provided.
Sundays. Provisions of paragraph a shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served or delivered to the licensed premises between the hours of 2:00 a.m. and 12:00 noon.
New Year's Day. The provisions of paragraph a shall not apply on January 1. On that day, no alcoholic beverages may be sold, served, delivered to or consumed on the licensed premises during the hours of 4:00 a.m. and 7:00 a.m. when it falls on a weekday. When January 1 falls on a Sunday, alcoholic beverages may not be sold, served, delivered to or consumed between the hours of 4:00 a.m. and 1:00 p.m.
[2002 Code § 5.04.100]
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.
[2002 Code § 5.04.110]
During the hours that the sale of alcoholic beverages are 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; except that this closing of premises requirement shall not apply to hotels, restaurants, or to other establishments where the principal business is other than the sale of alcoholic beverages.
[2002 Code § 5.04.180]
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 of 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.
[2002 Code § 5.04.120; New]
No license shall sell or serve alcoholic beverages to persons under the legal age.
[2002 Code §§ 5.04.130; 5.04.140; N.J.S.A. 33:1-81]
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, 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.