[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.]
[New]
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.
[New]
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.
[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.
[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:
|
Class of License
|
Annual License
|
|---|---|
|
Plenary Retail Consumption
|
$1,036.00
|
|
Plenary Retail Distribution
|
$753.00
|
|
Club License
|
$120.00
|
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.
a.
RESTAURANT
TEEN NIGHT
TEEN NIGHT PARTICIPANTS
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.
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.
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.
b.
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.
c.
Exception to Presence of Minor in Licensed Establishments:
1.
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.
d.
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.
[1]
Editor's Note: Former Section 6-6, Requirements for Employees
Serving Alcoholic Beverages, previously codified herein and containing
portions of Ordinance Nos. O-87-23, 0-08-08, 0-10-3 and 0-10-18, was
repealed in its entirety by Ordinance No. O-12-5. Former Section 6-6,
Identification Cards, added 12-4-2019 by Ord. No. O-19-23, previously
codified herein, was repealed 1-20-2021 by Ord. No. O-21-03.
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.
