[Laws concerning alcoholic beverage control are contained in Title 33 of the Revised Statutes. All ordinances must be in conformity with these provisions and approved by the Director of Alcoholic Beverage Control, R.S. 33:1-40. State law prescribes the types of licenses that may be issued, their number, permissible license fees and the regulation of licensed premises, R.S. 33:1-40.]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Highlands 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 R.S. 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 meanings as in R.S. 33:1-1 et seq., and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
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.
[Ord. 6/27/34, § 3]
All licenses required by this chapter shall be issued by the mayor and council, which shall also administer the provisions of this chapter.
[Ord. 6/27/34, § 5]
No person shall sell or distribute alcoholic beverages within the borough without having obtained a license in accordance with the act referred to in section 6-1 and the provisions of this chapter.
[Ord. 2/4/47, §§ 1 & 2; Ord. 0-83-6; Ord. 0-88-10; Ord. 0-97-11; Ord. O-08-08, § 1; Ord. No. O-2016-27]
The annual license fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the borough shall be as follows:
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.
[Ord. 7/15/47, § 1; Ord. 0-78-8, § 1; Ord. 0-82-7; Ord. 0-84-06, § 1; Ord. 0-88-3]
No alcoholic beverages shall be sold, delivered or served or consumed in any licensed premises on any day between the hours of 2:00 a.m. and 6:00 a.m.
[Ord. 7/15/47; Ord. 0-78-8, § 2; Ord. 0-82-7; Ord. 0-84-06, § 2]
The provisions of subsection 6-4.1 shall apply on Sundays also.
[Repealed by Ord. 0-88-03; Ord. O-10-5]
A licensee, after requesting special permission and guaranteeing reimbursement to the Borough of Highlands for the costs associated with the placement of one law officer dedicated to be at or around the licensed premises between the hours of 1:30 a.m. and 5:30 a.m., shall be granted permission to sell, serve, deliver, or permit the sale, services or delivery of any alcoholic beverage or allow consumption of any alcoholic beverage on a licensed premises within the Borough of Highlands on New Year's Day up to the hour of 5:00 a.m.
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any habitual drunkard, intoxicated person or minor, nor permit the consumption of alcoholic beverages on any licensed premises by any of the above-named classes of persons, or permit any such persons to congregate in or about the licensed premises.
No licensee shall sell or deliver or allow, permit or suffer the sale or delivery of any alcoholic beverage, at retail, in its original container for consumption off the licensed premises or allow, permit or suffer the removal of any alcoholic beverage in its original or opened container from retail licensed premises before 9:00 a.m. or after 10:00 p.m. on any day of the week; except that, whenever the sale of alcoholic beverages for consumption on the premises and off the premises or either thereof is authorized by ordinance or rule or regulation of the Division of Alcoholic Beverage Control by the holder of a retail consumption or retail distribution license, such ordinance or rule shall authorize the sale by such licensees of malt alcoholic beverage and wine, in original bottle or can containers for consumption off the premises on the same days and during the same hours as the sale of alcoholic beverages for consumption on the premises is permitted and authorized.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- Shall mean an establishment regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of foods for its customers, and in which no other business, except such as incidental to such establishment is conducted.
- TEEN NIGHT
- Shall mean a scheduled dance or event wherein any person under the legal drinking age is allowed to enter the premises of a licensed plenary retail alcoholic beverage establishment established by the State of New Jersey. More particularly this definition of "teen night" shall include both teen-only events and events that allow teens and individuals of legal age to consume alcoholic beverages as established by the State of New Jersey.
- TEEN NIGHT PARTICIPANTS
- Shall mean those individuals who attend teen nights as hereinabove defined. This shall not apply to individuals employed by the licensed plenary retail alcoholic beverage establishments.
Prohibited Activity. Teen nights as defined above are hereby prohibited within the Borough of Highlands and teen night participants who would attend are hereby prohibited from participating in any teen night event at a licensed plenary retail alcoholic beverage establishment.
Exception to Presence of Minor in Licensed Establishments:
It shall be lawful for a minor to enter a licensed premises for employment pursuant to N.J.A.C. 13-2-14.2 et seq. A person under the legal age may be present on a licensed premises if accompanied by a parent or legal guardian 21 years of age or older, or if the licensed premises is a restaurant.
When Effective. This section shall take effect 90 days after final adoption by the Highlands Borough and upon approval of the Commissioner of the Division of Alcoholic Beverage Control.
No minor shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by his parent or guardian.
No minor shall purchase, attempt to purchase, or have another purchase for him any alcoholic beverage on any premises licensed for the sale of alcoholic beverages.
No person shall purchase or attempt to purchase alcoholic beverages for a minor. It shall be unlawful for any person to induce or attempt to induce any licensee or any employee of a licensee to sell, serve or deliver alcoholic beverages to a minor.
No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage to a person under 18 years or to permit a person under 18 years to remain on any premises in violation of subsection 6-5.1.
Any parent or guardian of a minor who accompanies such minor into a premises in which alcoholic beverages are served and who permits the minor to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of the minor.
No minor shall possess, serve, sell or consume any alcoholic beverage in any public place within the borough.
[Added 12-4-2019 by Ord. No. O-19-23]
Editor's Note: Former Section 6-6, Requirements for Employees Serving Alcoholic Beverages, previously codified herein and containing portions of Ordinance Nos. 0-87-23, 0-08-08, 0-10-3 and 0-10-18, was repealed in its entirety by Ordinance No. 0-12-5.
All persons, corporations, partnerships or other entities applying for an initial or renewal of alcoholic beverage sale and/or distribution licenses in the Borough of Highlands shall be required to obtain identification cards for all persons who sell, serve, solicit the sale of, mix, process, or prepare alcoholic beverages during the course of duties required by the licensee. All applicants shall apply to the Highlands Police Department for an identification card within 10 days from the initial application for or renewal of the alcoholic beverage sale or distribution license, or within 10 days of the employment of any employee connected with the licensed premises, or within 10 days of the effective date of this section if employed at that time. The fee for the issuance of an identification card shall be $20.
It shall be the responsibility of the licensee to ensure that all persons who sell, serve, solicit the sale of, mix, process, or prepare alcoholic beverages have fingerprints and photographs taken by the Highlands Police Department to perform a criminal background investigation.
The Borough of Highlands Police Department shall furnish to the licensee and to all persons who sell, serve, solicit the sale of, mix, process, or prepare alcoholic beverages an identification card demonstrating compliance with the provisions of this section. A copy of this card shall be on file on the licensed premises and shall be exhibited upon demand at any time requested by any law enforcement officer or official of the Borough of Highlands. If any individual is employed by multiple licensed establishments in the Borough, he or she shall obtain a duplicate identification card for each such establishment; duplicate identification cards shall be available for a fee of $5. Such identification card shall expire two years from the date of issue, at which time new photographs shall be taken by the Highlands Police Department and a new fee therefor paid by the licensee. Every licensee and all persons who sell, serve, solicit the sale of, mix, process, or prepare alcoholic beverages shall make application for liquor sale or distribution identification cards within 10 days of employment or association with the licensed entity, or within 10 days of the effective date of this section if employed at that time, and shall secure the identification card as provided for in this section.
In addition to fingerprinting and photographing, all persons who sell, serve, solicit the sale of, mix, process, or prepare alcoholic beverages shall, in addition, provide the Highlands Police Department with the following information:
Every licensee shall be responsible for notifying the Highlands Police Department of any change of employment or association of any holder of an identification card from the Highlands Police Department, and shall forthwith report to said Police Department the employment or association of all persons who sell, serve, solicit the sale of, mix, process, or prepare alcoholic beverages who may hereinafter be associated with the said licensed premises.
Any licensee violating the provisions of this section shall, upon conviction thereof, forfeit and pay a fine of $100 for the first offense, $250 for a second offense, and $500 for a third offense. A licensee convicted of a fourth or subsequent offense shall forfeit and pay a fine of not less than $500 and not exceeding $2,000. Each and every nonconformance with this section shall be construed as a separate and distinct violation thereof.
Each licensed premises shall be required to display in a prominent place, visible to the public, a statement setting forth the penalties for driving while intoxicated, refusal to submit to breath tests and possession of an open container of an alcoholic beverage in a motor vehicle as is provided in Title 39 of the New Jersey Statutes.
No licensee shall engage in or shall allow, permit or suffer any person, male or female, employed by such licensee to perform any dancing exhibition in or on any part of the alcoholic beverage licensed premises, in a lewd, licentious, lascivious manner.
No licensee shall engage in or shall allow, permit or suffer any person, male or female, to appear on the premises of any establishment licensed for the sale and distribution of alcoholic beverages, in any act, scene, sketch or other form of entertainment, including dancing for the benefit of patrons, with breasts, if female, or the lower part of the torso, if male or female, uncovered or so thinly covered or draped so as to appear uncovered.
No licensee shall employ, allow, permit or suffer any waitress, barmaid or any other person who comes in contact with or is likely to come in contact with the patrons of any establishment licensed for the sale and distribution of alcoholic beverages, to appear in the presence of such patrons with breasts, if female, or the lower part of the torso, if male or female, uncovered or so thinly covered or draped so as to appear uncovered.
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 R.S. 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.