[HISTORY: Adopted by the Mayor and Council of the Borough
of Mount Arlington: Art. I, as Chapter V of the 1982 Compilation;
Art. II, as Section 3-8 of the 1982 Compilation. Amendments noted
where applicable.]
[Adopted as Chapter V of the 1982 Compilation]
This Article is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Mount Arlington 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.S.A. 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, relevant words and phrases
herein shall have the same meanings as in N.J.S.A. 33:1-1 et seq.
and the rules and regulations of the Director of the Division of Alcoholic
Beverage Control.
A.
Applicability. All applications for licenses, all licenses issued and all proceedings under this Article shall be in accordance with the Act, rules and regulations referred to in § 40-1 and all other applicable laws of the State of New Jersey or the United States.
B.
Issuing authority. All licenses required by this Article shall be
issued by the Borough Council, which shall also administer the provisions
of this Article.
C.
License required. No person shall sell or distribute alcoholic beverages within the borough without having obtained a license in accordance with the Act referred to in § 40-1 and the provisions of this Article.
D.
License fees; maximum number.
[Amended 5-15-1985 by Ord. No. 85-6]
(1)
The classes of licenses to be issued by the Borough and the annual
fees for the sale or distribution of alcoholic beverages in the Borough
are fixed and classified as follows:
[Amended 12-13-2004 by Ord. No. 16-04; 12-14-2009 by Ord. No. 25-09; 5-10-2016 by Ord. No. 05-2016]
(2)
The maximum number of licenses of the above classes shall be as provided
by law, provided that the limitation on the number of licenses shall
not apply to the renewal or transfer of licenses presently issued.
[Amended 3-15-1995 by Ord. No. 95-11]
[Amended 10-20-1982 by Ord. No. 82-11; 2-11-2002 by Ord. No. 02-06]
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 on New Year's Day, when the hours shall
be between 3:00 a.m. and 7:00 a.m.
A.
Presence. No minor shall be allowed in any premises where alcoholic
beverages are sold or served for consumption on the premises unless
accompanied by an adult.
B.
Purchase of alcoholic beverages by a minor. 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.
C.
Purchase of alcoholic beverages for a minor. 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.
D.
Misstating 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
21 years or to permit a person under 21 years to remain on any premises
in violation of Subsection A.
E.
Presumption. Any adult who accompanies a 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.
F.
Possession. No minor shall possess, serve, sell or consume any alcoholic
beverage in any public place within the borough.
A.
Any license issued under this Article may be suspended or revoked
for violation of any of the provisions of this Article or any provision
of any applicable statute or any of the rules or regulations of the
State Director of Alcoholic Beverage Control.
B.
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.
C.
Suspension or revocation of a license shall be in addition to any
other penalty which may be imposed for a violation of this Article.
[Amended 7-8-02 by Ord. No. 02-23]; Added 3-15-1995 by Ord. No. 95-11]
[Adopted as Section 3-8 of the 1982 Compilation]
A.
ALCOHOLIC BEVERAGE
As used in this section, the following terms shall have the meanings
indicated:
Any fluid or solid capable of being converted into a fluid
suitable for human consumption and having an alcoholic content of
more than one-half of one percent (1/2 of 1%) by volume, including
alcohol, beer, lager beer, ale, port, natural fermented wine, treated
wine, blended wine, fortified wine, sparkling wine, distilled liquors,
blended distilled liquors and any brewed, fermented or distilled liquors
fit for use for beverages purposes, or any mixture of the same and
fruit juices. Such term shall be deemed to include the term "intoxicating
liquors."
B.
No person shall possess or consume any alcoholic beverage, whether
in sealed container or not, within or upon the confines of the Mount
Arlington Municipal Public Beach, designated as Lots 12 and 13, Block
18, on the Tax Map of the Borough of Mount Arlington.
C.
The within rules and regulations shall be conspicuously posted at
and about the grounds hereinabove described.
