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.
[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 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.
[New]
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.
[New]
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.
[New]
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.)
|
Class of License
|
Fee
|
Maximum Number
|
|---|---|---|
|
Plenary Retail Consumption License
|
$2,500
| |
|
Plenary Retail Distribution License
|
$2,500
| |
|
Club License
|
$188
|
N/A
|
[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]
a.
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.
b.
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.
c.
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.
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 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.
