Editor's Note: Laws concerning alcoholic beverage control are contained in Title 33 of the New Jersey Statutes. All ordinances must be in conformity with these provisions and approved by the Director of Alcoholic Beverage Control, N.J.S.A. 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, N.J.S.A. 33:1 — 40.
[1984 Code § 8-1]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Haworth 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.
[1984 Code § 8-2]
For the purpose of this chapter, words and phrases herein shall have the same meanings as they have 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.
[1984 Code § 8-3.1]
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 the previous section, and all other applicable laws of the State of New Jersey or of the United States.
[1984 Code § 8-3.2]
All licenses required by this chapter shall be issued by the Governing Body, which shall also administer the provisions of this chapter.
[1984 Code § 8-3.3]
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.
[1984 Code § 8-3.4]
The annual fees 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. The license fees shall be payable in accordance with the New Jersey Statutes Annotated and rules and regulations promulgated by the State Director of Alcoholic Beverage Control.
[1984 Code § 8-4.1]
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. or on Sundays between the hours of 2:00 a.m. and noon.
[1984 Code § 8-4.2]
Provisions of subsection 6-4.1 shall not apply on January 1 when that day falls on a weekday. On that day, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 4:00 a.m. and 7:00 a.m. If New Year's Day falls on a Sunday, no alcoholic beverages may be sold, served, consumed in or delivered to a licensed premises between the hours of 4:00 a.m. and 12:00 noon.
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or person under the legal age, or permit the consumption of alcoholic beverages on any licensed premises by any of the abovenamed persons.
[1984 Code § 8-5]
During the hours that sales of alcoholic beverages are prohibited, every licensee shall keep the entire licensed premises closed and shall not permit persons to congregate or assemble or come in or be on any part of the licensed premises, provided, however, that this subsection shall not apply to restaurants and dining rooms.
No licensee shall allow or permit any loud speaking, loud noises or loud singing upon the licensed premises.
[1984 Code § 8-6]
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 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.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
It shall be unlawful for a person under the legal age 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.
It shall be unlawful for a person under the legal age to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him or her any alcoholic beverage.
It shall be unlawful for any person under the legal age to misrepresent or misstate his or her age for the purpose of inducing a licensee or any of his employees to sell, serve or deliver any alcoholic beverage to him or her.
Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof and in accordance with N.J.S.A. 33:1-81, 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 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 who purchases or attempts to purchase alcoholic beverages who violates this act to participate in an alcohol 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.