[1966 Code § 4-1; Ord. No. 2000-14 § II]
This Chapter is adopted pursuant to and for the purpose of rendering
effective the provisions of Title 33 of the Revised Statutes of the
State of New Jersey, and to regulate and control the sale and consumption
of alcoholic beverages and the conduct of licensed premises in the
Borough and the possession of and consumption of wine or malt alcoholic
beverages in premises which have not been licensed or permitted to
sell alcoholic beverages for on-premises consumption pursuant to N.J.S.A.
2C:33-27, as that section may be amended and supplemented, and pursuant
to the laws and regulations of the State of New Jersey and the United
States of America.
[1966 Code § 4-2; Ord. No. 2013-19 § 1]
The definitions set forth in Title 33 of the New Jersey Statutes
Annotated shall apply to this Chapter. In addition, the following
words and terms shall have the meanings indicated:
Shall mean any counter or similar piece of equipment, equipped
with a sink, and designed and primarily used to facilitate the sale
and dispensation of alcoholic beverages for consumption on the licensed
premises.
Shall mean the Borough of Belmar in Monmouth County, New
Jersey.
Shall mean the Borough Council of the Borough of Belmar.
Shall mean the Director of the Division of Alcoholic Beverage
Control.
Shall mean any license granted or issued pursuant to the
provisions of the Title 33 of the Revised Statutes.
Shall mean the holder of a license.
Shall mean a license granted or issued in accordance with
N.J.S.A. 33:1-10.
Shall mean any licensed premises or part of any licensed
premises, primarily engaged in the retail, sale of beverages, which
provides entertainment and/or dancing and where the sale or service
of food is incidental to this entertainment. A nightclub shall not
be considered a restaurant or hotel.
Shall mean a license granted or issued in accordance with
N.J.S.A. 33:1-10.
[1966 Code § 4-3.1; Ord. No. 2003-06; Ord. No. 2013-19 § 2;
amended 1-21-2020 by Ord. No. 2020-06]
The classes of licenses, the fees for renewals of licenses (subject to Subsection 17-3.2), and maximum number of licenses in each class permitted in the Borough shall be as follows:
|
Class
|
Annual Fare
|
Number
|
|---|---|---|
|
Plenary retail consumption
|
$2,400
|
8
|
|
Seasonal retail consumption
|
$1,800
|
3
|
|
Plenary retail distribution
|
$2,400
|
2
|
|
Club
|
$188
|
2
|
|
Limited Brewery License
|
$0
|
1
|
|
Plenary Brewery License
|
$0
|
1
|
[1966 Code § 4-3.2]
An additional fee may be charged for each retail consumption license pursuant to Subsection 17-4.4a.
[1966 Code § 4-3.3]
No limited retail distribution license shall be granted or issued
in the Borough.
[1966 Code § 4-4.1]
The Mayor and Council finds that the number of existing retail
consumption licenses in the Borough exceeds the ratios set forth in
N.J.S.A. 40:48-2.40 and N.J.S.A. 33:1-12.14, and determines that it
is in the public interest to reduce the number of such licenses in
the Borough.
[1966 Code § 4-4.2]
In any case where the Borough acquires any licensed premises,
or where the Borough Council otherwise deems it to be in the public
interest, the Borough Council may contract to purchase any retail
consumption license for a price not to exceed the maximum amount permitted
by N.J.S.A. 40:48-2.41. Any license so purchased shall be retired
and shall not thereafter be issued or granted to any person.
[1966 Code § 4-4.3]
Any retail consumption license that is revoked or that is not
renewed for a new license term within the time permitted by law shall
be retired and shall not thereafter be issued or granted to any person.
[1966 Code § 4-4.4]
a.
In the event the Borough Council contracts to purchase any license pursuant to Subsection 17-4.1, an additional annual fee of $200, over and above the annual fee set forth in § 17-3, shall be charged for every retail consumption license. The additional annual fee shall be charged beginning with the first annual license term following the payment of the contract purchase price, and for each annual license term thereafter until the total of the additional fees collected equals the total amount of money expended to purchase licenses.
b.
The Borough Council may appropriate or borrow, by way of issuing bonds or otherwise, sufficient funds to purchase any licenses pursuant to Subsection 17-4.1. Any additional fees collected pursuant to Subsection 17-4.4a may be utilized to retire any bond or indebtedness incurred to finance such license purchases.
[1966 Code § 4-4.5]
On the thirtieth day after a "no" vote in any referendum held
pursuant to N.J.S.A. 33:1-44, or 33:1-45, or 33:1-46, or 33:1-47,
if and when any such referendum is held, all licenses in the Borough
shall be deemed void, and the sale of alcoholic beverages unlawful,
to the extent set forth in the particular statute pursuant to which
the referendum is held.
[1]
Editor's Note: Former Subsection 17-4.6, Limitation of
New Licenses, previously codified herein and containing portions of
1966 Code § 4-4.6, was repealed in its entirety by Ordinance
No. 2003-06.
[1966 Code § 4-5.1; Ord. No. 2004-03]
All applications for licenses, for the renewal of licenses,
and for the transfer of licenses on a person-to-person or place-to-place
basis or for any expansion, reduction or alteration of the licensed
premises or portions thereof shall be made in writing and on such
forms as may be prescribed by the Director of the Division of Alcoholic
Beverage Control, and the Borough of Belmar and shall conform with
the applicable requirements of N.J.S.A. 33:1-25, N.J.S.A. 33:1-26,
and the rules and regulations promulgated by the Director of the Division
of Alcoholic Beverage Control and the Borough of Belmar. Said application(s)
shall be made to and approved by the Borough of Belmar, as the local
Alcoholic Beverage Control Board, prior to the submission of an application:
for a Development Permit, for Building Permit(s), or to the Planning
and/or Zoning Board, and/or any State, county or local agency, board,
commission or like authority. All applications for the renewal of
annual licenses shall be made within the time prescribed by N.J.S.A.
33:1-25.
[1966 Code § 4-5.2]
Any retail consumption license issued for hotel premises having
50 or more sleeping rooms shall not be transferred place-to-place
unless the place to which the license is sought to be transferred
has 50 or more sleeping rooms.
[1966 Code § 4-5.3]
No license shall be issued, transferred or renewed by the Borough
unless property taxes for the licensed premises have been paid through
the preceding quarter in those cases where applicant is the owner
of the licensed premises.[1]
[1]
Editor's Note: See also N.J.S.A. 40:52-1.2.
[1966 Code § 4-6.1; Municipal questions 1 and 2,
approval voted at the General Election on November 6, 1990; Ord. No. 2001-27; Ord.
No. 2001-30; Ord. No. 2012-01; Ord. No. 2012-03; Ord. No. 2013-19 § 3]
a.
Sale of Alcoholic Beverages on Premises Maintaining a Retail Distribution
License, Limited Brewery License and Plenary Brewery License. Alcoholic
beverages may be sold on any retail distribution licensed premises
(commonly referred to as "liquor stores") or any brewery facility
premises licensed and a Limited Brewery License or Plenary Brewery
License only during the following hours:
|
Weekdays and Saturdays between the hours of 9:00 a.m. and 10:00
p.m.
|
|
Sundays between the hours of 10:00 a.m. and 10:00 p.m.
|
b.
Sale and Consumption of Alcoholic Beverages on Premises Maintaining
License Other Than a Retail Distribution License, Limited Brewery
License or Plenary Brewery License. No alcoholic beverages may be
sold, served or consumed on any licensed premises, other than a premises
maintaining a retail distribution license, a Limited Brewery License
or a Plenary Brewery License during the following hours:
|
Weekdays and Saturdays Between the hours of 2:00 a.m. and 7:00
a.m.
|
|
Sundays Between the hours of 2:00 a.m. and 10:00 a.m.
|
c.
Prohibited Sales after 10:00 p.m. The sale, service or delivery of spirituous liquors for consumption off of any licensed premises is prohibited after 10:00 p.m. on any day of the week. This section shall not be construed to prohibit the sale, service or delivery of wine, beer or malt beverages for consumption off of a licensed premises from 10:00 p.m. to closing as set forth in Subsection 17-6.1a on a premises maintaining any form of license other than a retail distribution license.[1]
[1]
Editor's Note: At the General Election on November 6,
1990, the majority of voters of the Borough of Belmar voted to extend
the hours of sale of alcoholic beverages on weekdays and Sundays until
2:00 a.m.
[1966 Code § 4-6.2]
Subject to the provisions of Subsection 17-6.4, all licensed premises shall be closed to the public and the licensee shall not admit or allow the entry of any person onto the licensed premises during those hours when the sale, service, and consumption of alcoholic beverages are prohibited as set forth in Subsection 17-6.1. This subsection (17-6.2) shall not apply to the licensee's employees who are actually performing their duties, contractors and suppliers actually doing business with the licensee, or public officials and employees who are engaged in the performance of their official duties.
[1966 Code § 4-6.3]
Subject to the provisions of Subsection 17-6.4, all persons on licensed premises at 2:00 a.m. shall exit the premises by 2:15 a.m. It shall be the responsibility of the licensee to ensure that all persons exit the premises by 2:15 a.m. This subsection (17-6.3) shall not apply to the licensee's employees who are actually performing their duties, contractors and suppliers who are actually doing business with the licensee, or public officials and employees who are engaged in the performance of their official duties.
[1966 Code § 4-6.4]
Any licensed premises, or part of any licensed premises, may
be designated by the Borough Council as a hotel or restaurant area.
Nightclubs are not restaurants or hotels.
a.
Designated hotel and restaurant areas shall be permitted to remain open to the public beyond 12:00 midnight for the purpose of conducting business as a hotel or restaurant, provided that no alcoholic beverages are sold, served, or consumed during the hours set forth in Subsection 17-6.1.
b.
A part or portion of any licensed premises may be designated a hotel
or restaurant area only if that part or portion in fact constitutes
a hotel or restaurant.
c.
Applications to designate any licensed premises, or part of any licensed
premises, as hotel or restaurant areas shall be made in writing by
the licensee, and may be made simultaneously with the application
for renewal of an annual license. The licensee shall submit with the
application all documents, sketches, and other information necessary
to a determination whether the premises or part of the premises sought
to be designated in fact constitutes a hotel or restaurant. The licensee
shall be given the opportunity to be heard on the application.
[1966 Code § 4-7.1; Ord. No. 2004-03]
a.
Alcoholic beverages shall not be sold or served in any room that
is not open to the public generally, provided that this prohibition
shall not apply to premises with club, hotel sleeping and dining rooms
where the entire hotel premises is licensed. This regulation does
not prevent the use of a separate room of a licensed premises that
is generally open to the public to be used for private parties, or
similar events.
b.
The Borough Council may, pursuant to N.J.S.A. 33:1-32, impose limits
on the number of persons permitted in the entire licensed premises
and in any designated area or room therein as a condition to the issuance
or renewal of any license. The Council may consider the following
factors in deciding whether such a condition is warranted in any given
case.
1.
The public interest as determined by the number and size of existing
licensed premises, the size and proximity of other licensed premises,
and the impact on Municipal and public services; and
2.
Compliance with zoning ordinances, with particular emphasis on the
availability of off-street parking; and
3.
Occupancy limits set forth in the certificate of occupancy for the
premises or as required by the Municipal Zoning Official, Construction
Code Official, and Fire Official; and
4.
The licensee's ability to safely and lawfully operate the premises,
as determined by required police services and police incidents on
and in the immediate area around the premises; and
5.
Public sentiment expressed at any license or license renewal hearing;
and
6.
Any other evidence relevant to the issue of occupancy.
c.
The maximum permitted occupancy limit for each room shall be framed
under glass and displayed by the licensee at each entrance to each
room in such a manner and place that it may be seen by anyone entering
the licensed premises. The maximum permitted occupancy limit for the
entire licensed premises shall be framed under glass and displayed
by the licensee at each entrance to the licensed premises in such
a manner and place that it may be seen by anyone entering the licensed
premises.
d.
If at any time a police officer, Building Code Official or Fire Official
or other official so empowered determines that the maximum permitted
occupancy of the entire licensed premises and/or in any designated
area or room therein exceeds the designated occupancy limit applicable
thereto by 20%, the licensee shall have 15 minutes to restore the
maximum permitted occupancy limit; if after 15 minutes the occupancy
limit has not been restored, no alcoholic beverages shall be sold,
served or delivered in the entire licensed premises until the occupancy
has been reduced to the appropriate maximum permitted occupancy.
e.
Floor Plan.
1.
All licensees shall submit a legible floor plan, drawn to scale,
of the entire licensed premises and shall certify as to the continued
accuracy of the approved floor plan at the time of each renewal of
the license.
2.
The floor plan shall depict, at a minimum, all interior and exterior
walls, steps/stairs, exits, entrances and windows; and as to the areas
open to the general public (including rooms/areas for private parties
and the like) the floor plan shall depict, at a minimum, all bars,
bar stools, serving stations, tables (and the type of table by way
of example: hi-top tables, sit down tables, etc.), chairs, booths,
stages, DJ booths, jukeboxes, video games, pool tables and similar
amusement/entertainment devices. If the licensee's normal business
operations involve the reconfiguration, removal, and/or adding of
the items required to be depicted in the floor plan, the applicant
shall provide a floor plan with the maximum number and location of
those items, and shall provide a written narrative describing under
what normal business circumstances or operations the items are moved,
the frequency of such circumstances or operations, and the type and
number of items involved.
3.
Licensees shall not operate the premises except in accordance with
a floor plan approved by the Borough of Belmar: the approved floor
plan shall be kept on the licensed premises at all times and shall
be readily available to law enforcement officers, individuals authorized
to enforce alcoholic beverage control laws, rules, regulations and
ordinances and other State, County and local officials. The approved
floor plan shall also be provided to the Belmar Police Department,
Building Department and Fire Official.
4.
The requirements of this section and approval of the floor plan shall
not be deemed to satisfy any other State, County and local laws, rules,
regulations and ordinances, by way of example, planning, zoning, fire,
and building review and approvals.
5.
Any alteration to a licensed premises and/or to its floor plan that
has the effect of increasing the permitted occupancy of the licensed
premises pursuant to any law or regulation must first be approved
by the Borough Council, in addition to any other requirements, reviews
and/or approvals of any State, County and local agency, board, commission
or like authority.
[1966 Code § 4-7.2; New]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any intoxicated
person or persons under the legal age, or permit the consumption of
alcoholic beverages on any licensed premises by any of the above-named
persons.
[1966 Code § 4-7.3]
The sale and service of alcoholic beverages on licensed premises
shall be limited to the licensee and the licensee's employees.
[1966 Code § 4-7.5]
Every license certificate shall be framed under glass and displayed
by the licensee in such a manner and place that it may be seen by
anyone entering the licensed premises.
[1966 Code § 4-7.6]
No licensee shall permit or allow any brawl, violent act, unnecessary
noise, or disturbance to occur on the licensed premises. No licensee
shall permit or allow the licensed premises to be used or operated
in such a manner as to become a nuisance.
[Ord. No. 2011-26, § 1]
In addition to the requirements of obtaining a commercial film making permit and complying with the regulations governing the same pursuant to § 20-15 et seq., it shall also be an independent duty and requirement of a licensee to ensure that the permit is obtained and that all regulations in § 20-15 and in the permit are complied with. The failure of a licensee to do so shall be a violation of this subsection. This subsection shall not limit any violation to any person or entity that is not a licensee that may be applicable pursuant to § 20-15 et seq.
[1966 Code § 4-7.8]
No person dressed in any bathing or swimming suit or costume shall be permitted in any licensed premises between the hours of 7:00 p.m. and the hour on the following day when the sale, service, and consumption of alcoholic beverages may be resumed as set forth in Subsection 17-6.1.
[Ord. No. 2000-14, § II; Ord. No. 2011-15 § 2; Ord. No. 2015-21; Ord.
No. 2017-06 § 2]
a.
BYOB Allowed, Exceptions. This section applies to premises which
are not licensed or permitted to sell or serve alcoholic beverages
other than wine or a malt alcoholic beverage, for on-premises consumption
pursuant to N.J.S.A. 2C:33-27 as may be supplemented and amended.
The consumption of wine or malt alcoholic beverages (commonly known
as beer and wine including champagne and other sparkling wines) by
patrons of the premises, the premises that is not licensed or permitted
to sell or serve alcoholic beverages, including wine or malt alcoholic
beverages, shall be permitted as provided by law, except as specifically
prohibited or regulated by the Borough of Belmar Revised General Ordinances.
b.
Rules and Regulations. The following rules and regulations are applicable
to all premises with BYOB privileges:
1.
Premises with BYOB privileges must comply with all applicable State,
Federal and municipal rules, regulations and laws regarding the consumption
of wine or malt alcoholic beverages on a premises that is not licensed
or permitted to sell or serve alcoholic beverages, including wine
or malt alcoholic beverages.
2.
All premises with BYOB privileges shall not allow any person to consume
or possess open containers of wine or malt alcoholic beverages except
when those persons are seated for service at the premises, by way
of illustration and not limitation, no person waiting to be seated
for service may consume or possess an open container of wine or malt
alcoholic beverages.
3.
If the premises, or portions thereof, contains an approved Outdoor
Eating Area, Outdoor Dining Area and/or Sidewalk Cafe Area said area
of premises may only have BYOB privileges if it is not in violation
of any of the terms and conditions of an approved Outdoor Eating Area,
Outdoor Dining Area and/or Sidewalk Cafe Area. If there are any violations
of any of the terms and conditions of an approved Outdoor Eating Area,
Outdoor Dining Area and/or Sidewalk Cafe Area the premises' BYOB
privileges in said portion of the premises shall be suspended until
the violations have been abated.
c.
Beachfront, Boardwalk and Pavilions. No person shall bring, consume
or possess any alcoholic beverage, malt alcoholic beverage or wine
or any other intoxicating liquors on the beachfront, in the waters
adjacent thereto, on the boardwalk, or in the areas adjacent to any
of the pavilions owned by the Borough of Belmar including portions
of the aforementioned pavilions that are occupied by concession lessees.
For purposes of this section only, the term "beachfront" shall include
all locations in the portion of the Borough included in the area delineated
by and starting at 100 yards west of Ocean Avenue, then extending
easterly to the Atlantic Ocean.
BYOB privileges are allowed at the 5th Avenue Pavilion (John
A. Taylor Pavilion) only, and is subject to the conditions set forth
in Schedule A and Schedule B, which are in addition to any other conditions
imposed by ordinance, rule, regulation or law.[1]
d.
Supplemental Powers of this section. Nothing in this section shall
restrict the right of the Borough of Belmar to enforce any other ordinance,
rule, regulation or law regarding the sale, possession or consumption
of alcoholic beverages, wine and/or malt alcoholic beverages.
e.
BYOB privileges are allowed at Art Galleries located in the commercial
districts of the Borough of Belmar subject to the following conditions,
which are in addition to any other conditions imposed by ordinance,
rule, regulation or law:
1.
BYOB privileges are allowed inside the portion of the physical structure
only.
2.
The person, business, or organization hosting the event shall be
solely responsible to ensure no person is over-served alcoholic beverages
and that no person under the legal age to consume alcoholic beverages
is served, consumes or possesses alcoholic beverage, even if the child's
parent or guardian has allowed the child to do so.
[Ord. No. 2003-12; Ord. No. 2017-06 § 2]
a.
Liquor Licenses Not Permitted, Exceptions. No liquor licenses may
be located on the boardwalk, in pavilions on the boardwalk or in the
areas adjacent to any of the pavilions including portions of the aforementioned
pavilions and adjacent areas that are occupied by concession lessees.
[1966 Code § 4-8.1]
The Chief of Police and members of the Police Department of
the Borough shall enforce the provisions of this Chapter. All police
incidents involving licensed premises, or acts occurring on or in
the immediate vicinity of licensed premises, shall be reported to
the Borough Council within two weeks after the police incident report
is filed, whereupon the Borough Council shall determine whether further
investigation is warranted, and whether probable cause exists for
prosecution for violations of this Chapter or for instituting revocation
or suspension proceedings pursuant to this Chapter.
[1966 Code § 4-8.2]
Every licensee shall be responsible for conducting, operating,
and using the licensed premises in compliance with all applicable
statutes, laws, ordinances, and regulations. Every licensee shall
immediately report to the Police any act occurring on or about the
licensed premises which constitutes a violation of any applicable
statute, law, ordinance, or regulation.
[1966 Code § 4-8.3; Ord. No. 2004-03]
In addition to the requirements of N.J.A.C. 13:2-23.13(a)(3),
regarding the maintaining of an employee list, every licensee shall
register all employees with the Police Department within 24 hours
after the commencement of any such employee's employment, and
shall notify employees who are required to possess an Employee Identification
Card of their obligation to obtain the same as required herein. To
register an employee, the licensee shall provide the following information
and/or documentation to the Police Department, and in addition to
the requirements of N.J.A.C. 13:2-23.13(a)(3) the same shall be maintained
with the licensee's employee list:
[1966 Code § 4-8.4; Ord. No. 2004-03]
a.
It shall be the duty and responsibility of all licensees to ensure
that all employees of a licensee who are involved with the handling,
service and/or sale of alcoholic beverages obtain and possess an Employee
Identification Card issued by the Police Department while on duty.
Employees involved with the handling, sale and/or service of alcoholic
beverages shall include, but are not limited to, managers, and/or
supervisors, waiters, waitresses, cashiers, bartenders, barmaids,
bar backs and bouncers, security guards or persons performing similar
activities regardless of the title employed.
b.
Every employee required to obtain an Employee Identification Card
shall provide the Police Department with the information and/or documentation
required herein within five calendar days after their employment commences.
Every employee required to obtain an Employee Identification Card
shall be fingerprinted, and shall provide the following information:
c.
Every employee required to obtain an Employee Identification Card
shall wear the card while working in a manner and place where it may
be easily seen by customers and law enforcement officers.
d.
Employee Identification Cards shall be valid for one year from the date of issuance. Employee Identification Cards which have not been expired for a period of 30 days or more may be renewed by submitting the information required in Subsection 17-8.4(b) and the appropriate Police Department form and fee(s).
e.
It shall be the responsibility of the licensee to obtain an employee's
Employee Identification Card upon the termination of the employee
and return the Employee Identification Card to the Belmar Police Department
within seven days of the employee's termination. If the employee's
Employee Identification Card is issued for more than one licensed
establishment then the licensee terminating said employee shall notify
the Belmar Police Department, in writing, of the employee's termination
within seven days of the employee's termination. If a licensee
is unable to obtain a terminated employee's Employee Identification
Card within seven days of the employee's termination, the licensee
shall notify the Belmar Police Department of the same, in writing,
and provide an explanation of the steps the licensee has taken to
obtain the Employee Identification Card, including last known contact
information of said employee and any other information reasonably
required by the Belmar Police Department in this regard.
f.
Falsification or alteration of an Employee Identification Card is
prohibited. Reproduction of an Employee Identification Card, without
prior written permission of the Belmar Police Department, is prohibited.
Violation of this regulation shall be punishable upon conviction of
a fine of $1,000 for a first offense, a fine of $1,250 and/or 30 days
incarceration for second and subsequent offenses; and may also subject
the licensee to charges against the liquor license by the local Alcoholic
Beverage Control Board and other agencies.
[1966 Code § 4-8.5; Ord. No. 2004-03; Ord. No. 2009-09 § I]
Every employee registering with the Police Department as required by Subsection 17-8.4 shall submit the following fees to the Police Department with the appropriate form(s):
a.
That amount charged by any State or Federal agency for a criminal
history record check and/or a fingerprint inquiry where such an inquiry
is permitted by law, which shall be paid by certified check or money
order payable to the agency; and
b.
A $50 processing fee for an initial Employee Identification Card;
or a $35 processing fee for the renewal of an Employee Identification
Card, or for the addition or removal of additional employers. The
renewal of an Employee Identification Card that has been expired for
a period of 30 days or more shall be deemed an initial application
and shall pay a $50 processing fee in addition to any other requirements
for an initial Employee Identification Card. All fees required pursuant
to the section shall be paid by certified check or money order payable
to the Borough of Belmar.
The Borough Council may suspend or revoke any license issued
by it for any of the reasons set forth in N.J.S.A. 33:1-31.
[1966 Code § 4-9.1]
Proceedings for suspension or revocation of any license shall
be commenced by service upon the licensee of a written specification
of charges and notice of hearing. A hearing on the charges shall be
held on the date set forth in the notice. The written specification
of charges and notice of hearing shall be served on the licensee no
later than five days prior to the hearing. Service shall be made by
personal delivery to the licensee or by registered mail addressed
to the licensee at the licensed premises. A suspension or revocation
ordered by the Borough Council at or following the hearing shall be
effected by a notice in writing of such suspension or revocation,
designating the effective date, and, in the case of a suspension,
the term of the suspension, served upon the licensee personally or
mailed by registered mail addressed to the licensee at the licensed
premises.
[New]
No licensee shall sell or serve alcoholic beverages to persons
under the legal age.
[New]
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 beverages on premises licensed for the retail
sale of alcoholic beverages, or to purchase, attempt to purchase or
have another purchase for him/her 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/her
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 $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/she 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 alcoholic 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. (N.J.S.A. 33:1-81)
|
[1]
Editor's Note: Former § 17-11, Beer Keg Registration,
previously codified herein and containing portions of Ordinance No.
2007-03, was repealed in its entirety by Ordinance No. 2008-14.
