[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.
[New]
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.
[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.
[New]
All licenses required by this chapter shall be issued by the
Borough Council, which shall also administer the provisions of this
chapter.
[New]
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:
|
Class of License
|
Annual License Fee
|
Number1
|
|---|---|---|
|
a. Plenary retail
consumption license
|
$2,432.98
|
1
|
|
b. Plenary retail
distribution license
|
$ 765.072
|
1
|
|
Note:
1 For State law authorizing the Board
to restrict number of licenses to sell alcoholic beverages at retail,
see N.J.S.A. 33:1-40.
2 The plenary retail distribution
license shall be increased each year by 20% or $500, whichever is
the lesser, until the maximum amount allowed by State law, which is
currently $2,500 is reached.
|
[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.
[New]
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.
[New]
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.
[New]
No licensee shall sell or serve alcoholic beverages to persons
under the legal age.
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 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
c.
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)
