[1975 Code § 42-1; New]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Allentown in accordance with the provisions of an Act of Legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages" (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 Director of the Division of Alcoholic Beverage Control.
For the purpose of this chapter, 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.
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.
All licenses required by this chapter shall be issued by the Borough Council, which shall also administer the provisions of this chapter.
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, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
[1975 Code § 42-4; Ord. No. 018-76; Ord. No. 03-78; Ord. No. 09-81; New; Ord. No. 03-2004 § 1; Ord. No. 04-2005 § 1; Ord. No. 02-2006 § 1; Ord. No. 09-2007 § 1; Ord. No. 08-2012; N.J.S.A. 33:1-12]
The classes and maximum number of licenses to be issued by the Borough are hereby fixed as follows and the annual fees for licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows:
[1975 Code § 42-5; Ord. No. 018-76; Ord. No. 09-78; Ord. No. 013-81]
No alcoholic beverages shall be sold, delivered or served to or consumed in any licensed premises on any day between the hours of 2:00 a.m. and 9:00 a.m.
[1975 Code § 42-5; Ord. No. 018-76; Ord. No. 09-78; Ord. No. 013-81; Ord. No. 019-81; New]
No licensee shall sell or deliver or allow, permit or suffer the sale or delivery of any distilled spirits in original containers for consumption off the licensed premises before 9:00 a.m. or after 12:00 midnight on any day of the week.
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 above-named persons.
During the hours when sales of alcoholic beverages are prohibited, the entire licensed premises shall be closed and no person shall be admitted or permitted to remain thereon except the licensee or bona fide employees of the licensee; provided, however, that such requirement for the closing of the premises shall not apply to bona fide hotels or restaurants as defined in N.J.S.A. 33:1-1(t) and to clubs eligible for a club license under N.J.S.A. 33:1-12(5) and to other establishments where the principal business is other than the sale of alcoholic beverages.
[1975 Code § 42-6; New]
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.
No licensee shall sell or serve alcoholic beverages to persons under the legal age.
It shall be unlawful for:
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
A person under the legal age for purchasing alcoholic beverages 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; or
Any person to enter any premises licensed for 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, in accordance with N.J.S.A. 33:1-81, as amended, shall be punished by a fine of not less than $500. 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 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. (N.J.S.A. 33:1-81)