[Ord. #382, S 3.1; New]
This Chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of North Plainfield 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 N.J.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.
[Ord. #382, S 3.2; 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. #382, S 3.5; New; Ord. #91-10, S 8]
All licenses required by this Chapter shall be issued by the Council, which shall also administer the provisions of this Chapter.
All licenses shall be distributed by the Borough Clerk under the common seal of the Borough and shall continue in force for the term set forth therein unless sooner revoked by the issuing authority or the Director of the Division of Alcoholic Beverage Control for violation of any federal or state statute or municipal ordinance regulating the sale of alcoholic beverages. On the granting of licenses, the Borough Clerk shall forthwith report their issuance to the Director of the Division of Alcoholic Beverage Control.
[Ord. #382, S 3.6; New]
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.
[Ord. #382, S 3.3]
All applications for licenses shall be presented in writing and shall conform to the official form promulgated by the Director of the Division of Alcoholic Beverage Control and filed with the Borough Clerk accompanied by the Federal Stamp Tax, or evidence of its payment, and the annual license fee as hereinafter provided as required by the Act and under the Chapter, which application shall be addressed to the Council of the Borough. All questions thereto shall be fully answered and verified by the applicant and shall designate the place and kind of license applied for.
[ Ord. #85-20, S 1]
The Borough Clerk shall, before providing any person with any form obtained from the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control, collect from the person a sum equal to any amount charged the Borough by the Division for the form requested.
[Ord. #382, S 3.4]
All applications for licenses shall be referred by the Department of Police, which shall investigate the character and fitness of the applicant and the place proposed for license, and shall report to the Council at a subsequent meeting its findings and recommendations.
No license shall be issued to any person not fully qualified under the provisions of the Act and the rules and regulations.
[Ord. #382, SS 3.8-3.10; Ord. #466, S 1; Ord. #219-C, S 1; Ord. #503, S 1; Ord. #219-H, SS 1-2; Ord. #677, S 1; Ord. #677-C, S 1; Ord. #677-D-83-22, SS 1-3; Ord. #90-04, SS 1, 5; Ord. #91-06, S 3; Ord. #05-20; Ord. #11-05; Ord. No. 2016-06]
License Fees; Number of Licenses. The annual fees of licenses for the sale and 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.
The provisions of New Jersey's State Limitation Law, as provided in Chapter 72 of the Laws of 1960 and as the same may have heretofore or may be hereafter amended, shall control the number of and the issuance of plenary retail consumption and plenary retail distribution licenses.
Application for Temporary Contingency Permit. Any person, firm, corporation or association making application for a temporary contingency permit pursuant to N.J.S.A. 33:1-74 shall pay an application processing fee of $10 to the Clerk of the Borough of North Plainfield.
[Ord. #382, S 3.12; Ord. #481, S 1; Ord. #219-B, S 2; Ord. #532-A, S 1; Ord. #219-F, S 1; Ord. #219-J, S 1; Ord. No. 2017-13]
No alcoholic beverages shall be sold, delivered or served to or consumed in any licensed premises on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays between the hours of 1:00 a.m. and 7:00 a.m., and on Saturdays between the hours of 2:00 a.m. and 7:00 a.m., except Sundays, New Year's Day, and Christmas and Easter Day each year as hereinafter provided.
[Ord. #382, S 3.12; Ord. #481, S 1; Ord. #219-B, S 2; Ord. #532-A, S 1; Ord. #219-F, S 1; Ord. #219-J, S 1; Ord. #93-06, S 1; Ord. No. 2017-13]
Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 2:00 a.m. and 11:00 a.m.
[Ord. #382, S 3.12; Ord. #481, S 1; Ord. #219-B, S 2; Ord. #532-A, S 1; Ord. #219-F, S 1; Ord. #219-J, S 1; Ord. #93-06, S 2; Ord. #07-03; Ord. No. 2017-13]
On January 1, alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises from the hours of 2:00 a.m. and 7:00 a.m. unless January 1 is a Sunday, in which case alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 2:00 a.m. and 11:00 a.m.
[Ord. #382, S 3.12; Ord. #481, S 1; Ord. #219-B, S 2; Ord. #532-A, S 1; Ord. #219-F, S 1; Ord. #219-J, S 1; Ord. #93-06, S 3; Ord. #97-06]
The provisions of subsection 6-4.1 of the Borough Code as to the sale, service, consumption and/or delivery shall now apply to Christmas Day when Christmas Day falls on any day of the week other than Sunday. The provisions of subsection 6-4.2 of the Borough Code as to the sale, service, consumption and/or delivery of alcoholic beverages within the Borough shall now apply on Christmas Day when Christmas Day falls on a Sunday.
[Ord. #382, S 3.12; Ord. #219-B, S 3; Ord. #219-J, S 1; New]
During the hours in which sales of alcoholic beverages are hereinabove 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 provision shall not be construed to preclude restaurants, hotels, motels and clubs holding licenses, from remaining open during other hours for the purpose of providing other services and accommodations to guests, members and guests of members, provided, however, adequate facilities and equipment exist for such services and accommodations, such services and accommodations are regularly provided, and any bars on the premises are securely closed.
[Ord. #382, S 3.12; Ord. #219-B, S 3; New]
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any habitual drunkard, mental defective, intoxicated person or person under the legal age, nor permit the consumption of alcoholic beverages on any licensed premises by any of the above-named classes or 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, on Sunday before 12:00 noon, or before 9:00 a.m. or after 10:00 p.m. on any other day of the week.
[Ord. #382, S 3.7; Ord. #466, S 1; Ord. #219-H, SS 1-2; Ord. #503, S 1; Ord. #677, S 1; Ord. #677-C, S 1; Ord. #677-D-83-22, SS 1-2]
No retail consumption license or retail distribution license shall permit the sale of alcoholic beverages in or upon any premises in which a grocery, delicatessen, drug or other mercantile business is carried on, except the keeping of a hotel or restaurant or the sale of cigars and cigarettes at retail, as an accommodation to patrons, or the retail sale of nonalcoholic beverages as accessory beverages to alcoholic beverages.
The holder of a plenary retail distribution license shall be entitled, subject to the rules and regulations, to sell any alcoholic beverage for consumption off the licensed premises, but only in original containers. No more than one plenary retail distribution license shall be issued to any person, partnership or corporation in the Borough. Plenary retail distribution licenses may be issued to permit the sale of alcoholic beverages in or upon any premises in which any other mercantile business, or businesses are carried on; provided, however, that the area, in the premises for which the plenary retail distribution license shall be issued, shall be so arranged, set off and determined by a partition from floor to ceiling of either solid material or glass or a combination of both, which shall prohibit any ingress to, or egress from, any other portion of the unlicensed premises of which the licensed premises form a part, so that access may not be gained therein, from the unlicensed portion of the premises, except during such hours that the holders of such licenses shall be entitled, subject to law, and the rules and regulations, to sell any alcoholic beverage for consumption off the licensed premises, provided however, that the holder of such plenary retail distribution license may sell in the licensed premises nonalcoholic beverages as accessory beverages to alcoholic beverages, cigarettes, novelty gift packages and gift baskets, and such items accessory to the preparing and serving of beverages as ice cubes, glass ware, bottle and can openers, fruit squeezers, stirrers, strainers, tongs, ladles, forks and spoons, cherries, olives, onions, pretzels, korn kurls, nuts, potato chips, and items in the nature of cheese bits.
[Ord. #382, S 3.9; Ord. #677, S 1]
The holder of a club license shall be entitled, subject to the rules and regulations, to sell only to bona fide club members and their guests alcoholic beverages intended for immediate consumption on the licensed premises and shall only be issued to such clubs, associations or organizations which are operated for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes and not for private gain and shall be subject to the qualifications, conditions and restrictions imposed by the Director of the Division of Alcoholic Beverage Control and the rules and regulations of the Borough. Each application for a club license shall set forth the names and addresses of all officers, trustees, directors, or other governing officers, together with the names and addresses of all the members of the applying club, corporation or association, together with a copy of the certificate of incorporation, and, if an association, the articles of association.
[Ord. #382, S 3.12; Ord. #219-B, S 3]
No licensee or any of his agents, servants or employees shall sell, serve or deliver or give intoxicating liquor to any policeman or fireman while in uniform.
[Ord. #382, S 3.13]
On July 1 of each year, each licensee shall register with the Chief of Police of the Borough the names and addresses of all bartenders and other persons engaged in the handling and selling of alcoholic beverages. And thereafter, during the life of such license, each licensee shall also register all changes in the personnel of bartenders and other persons engaged in the handling and selling of alcoholic beverages under such license as granted, the registration to be made with the Chief of Police of the Borough, who shall investigate all such employees handling and selling alcoholic beverages to ascertain whether or not they are qualified under the statutes.
In case of granting of any new license during the course of any year after July 1, then such registration shall be made with the Chief of Police of the personnel or employees at such time of the granting of the license, and any changes of employees shall be registered as aforesaid.
No person under the legal age shall purchase, attempt to purchase, or have another purchase for him any alcoholic beverages on any premises licensed for the sale of alcoholic beverages.
No person shall purchase or attempt to purchase alcoholic beverages for a person under the legal age. 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 person under the legal age.
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 the legal age.
No person under the legal age to consume alcoholic beverages shall knowingly possess or knowingly consume alcoholic beverages on private property. Any person found to be in violation of this Section shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense. In addition to the fine authorized for this offense, the Court may suspend or postpone for six months the driving privileges of that person's driver's license. Upon conviction, the Municipal Court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the Court. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the Court shall immediately collect the license and forward it to the New Jersey State Division of Motor Vehicles along with the report. If for any reason the license cannot be collected, the Court shall include in the report the complete name, address, date of birth, eye color and sex of the person, as well as the first and last date of the license suspension period imposed by the Court.
The Court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40.
If the person convicted under this Section is not a New Jersey resident, the Court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Division the required report. The Court shall not collect the license of a nonresident convicted under this Section. Upon receipt of a report by the Court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
Exceptions. No person shall be convicted for violating this Section if:
The person consumes or possesses the alcoholic beverage in connection with a religious observance, ceremony or rite or consumes or possesses an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages. As used in this section, "relative" means the underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity. The term "guardian" means a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
The person is actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution; however, this Section does not preclude the imposition of a penalty under this Section, R.S. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at the premises licensed for the sale of alcoholic beverages.
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.