[New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Berkeley 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, the words and phrases herein
shall have the same meaning 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.
[1974 Code § 50-6; New]
All applications for license, 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 of the United States.
[New]
All licenses required by this chapter shall be issued by the
Township Council, which shall also administer the provisions of this
chapter.
[New]
No person shall sell or distribute alcoholic beverages within the Township 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.
[1974 Code §§ 50-1, 50-2, 50-7; Ord. No. 11-82; Ord. No. 87-35; Ord. No. 88-65; New; Ord. No. 00-3-OAB § 1; Ord. No. 03-01-OAB § 1; Ord. No. 05-28-OAB § 1; Ord. No. 10-13-OAB]
The classes and maximum number of licenses to be issued by the
Township are hereby fixed as follows and the annual fees of licenses
for the sale or distribution of alcoholic beverages in the Township
shall be as follows:
|
Class of License
|
Annual License Fees
|
Number of Licenses1
| |
|---|---|---|---|
|
a.
|
Plenary retail consumption licenses
|
$2,500
|
15
|
|
b.
|
Plenary retail distribution licenses
|
$2,500
|
4
|
|
c.
|
Club licenses
|
$188
|
2
|
|
Note:
| |
|
1
|
For State law authorizing the Township to restrict number of
licenses to sell alcoholic beverages at retail, see N.J.S.A. 33:1-40.
|
[1974 Code § 50-2; Ord. No. 11-82]
a.
Such licenses shall be issued in the sole discretion of the Township
Council of the Township of Berkeley, subject, however, to the requirement
that the applicant conform with the requirements of the New Jersey
Statutes and any rules, regulations or conditions which may be imposed
from time to time by the Commissioner of Alcoholic Beverage Control.
b.
Such licenses may be issued only to such groups, associations and
organizations as are operated for benevolent, charitable, fraternal,
social, religious, recreational, athletic or similar purposes and
not for private gain.
c.
The annual licensing period for any such license shall coincide with
the licensing periods for any other plenary retail consumption license.
[1974 Code § 50-IB; Ord. No. 06-30-OAB § 1]
Nothing in this section shall prohibit the granting of any new
plenary retail consumption license to an individual, firm or corporation
operating a hotel or motel in this municipality containing at least
50 sleeping rooms for guests; provided, however, that:
a.
Nothing in this section shall prevent the issuance, in a municipality,
of a new license to a person who operates a hotel or motel containing
100 guest sleeping rooms or who may hereafter construct and establish
a new hotel or motel containing at least 100 guest sleeping rooms.
b.
A person who holds a license issued pursuant to paragraph a of this
subsection and who has been required by law to reduce the number of
sleeping rooms in the hotel may continue to hold the license if the
hotel has at least 75 sleeping rooms, has been in continuous operation
for at least 120 years in the same building, and is listed in the
National Register of Historic Places.
c.
No such license shall be granted for a hotel or motel until the Building
Subcode Official shall certify to the Township Council that the hotel
or motel for which such license is sought contains at least 50 sleeping
rooms.
[1974 Code § 50-3; Ord. No. 9-81; New]
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 7:00 a.m. except Sundays and New Year's Day
each year as hereinafter provided.
[1974 Code § 50-3; Ord. No. 9-81; New]
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 3:00 a.m. and 7:00 a.m.
[1974 Code § 50-3; Ord. No. 9-81; New]
Provisions of subsection 6-4.1 shall not apply on January 1. On that day alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises anytime when it falls on a weekday. When January 1 falls on a Sunday, no alcoholic beverages may be sold, served, delivered to or consumed after 5:00 a.m.
[1974 Code § 50-3C; Ord. No. 9-81; Ord. No. 2015-39-OAB]
b.
The retail package sale of distilled spirits shall be prohibited
from the premises of both distribution and consumption licensees on
every day of the week before 9:00 a.m. and after 10:00 p.m.
c.
From and after the effective date of this paragraph, it shall be
unlawful for any plenary retail distribution license to be located
within 2,500 feet, measuring from property line to property line,
of another premises holding a retail distribution license. In the
event that any plenary retail distribution license is located within
2,500 feet of another alcoholic beverage license on the effective
date of this paragraph,[1] then said license may remain at its current location.
If said license is relocated hereafter, it must be relocated at least
2,500 feet from any other plenary retail licensee.
[1]
Editor's Note: Paragraph c was adopted December 14, 2015
by Ord. No. 2015-39-OAB.
[1974 Code § 50-7.2; Ord. No. 92-16]
a.
No licensee shall engage in or shall allow, permit or suffer any
person to be permitted to perform any dancing exhibition where the
nude portion of his or her body shall be exposed, or so thinly covered
so as to appear exposed, from a point commencing two inches above
the areola of the breast to a point below the genitalia, front, rear
or both sides, in or on any premises licensed under this chapter.
b.
No licensee shall allow, permit or suffer any person to be employed
in any capacity where the nude portion of his or her body shall be
exposed, or so thinly covered so as to appear exposed, from a point
commencing two inches above the areola of the breast to a point below
the genitalia, front, rear or both sides, in or on any premises licensed
under this chapter.
[1974 Code § 50-7.1; Ord. No. 26-80]
a.
No license shall be renewed by the Township until such time as the
licensee shall furnish the Chief of Police with the following information,
which information shall be signed and acknowledged by the licensee:
1.
The names and addresses of all of the licensee's then employees,
setting forth the date of hiring.
2.
A designation of which the licensee's employees are to perform
duties as doorkeepers or admission officers or to serve in the capacity
of what are commonly known and referred to as "bouncers" or to serve
as persons charged with maintaining peace and decorum within the licensed
premises. As to such employees, the licensee shall also furnish the
employee's age, height, weight, educational background, special
training or qualifications for the position.
3.
A job description for doorkeepers, admission officials, bouncers
or persons charged with maintaining peace and decorum within the licensed
premises, together with a written acknowledgement by such employees
that such employees have been furnished with a job description by
the licensee.
b.
The registration information required pursuant to the terms hereof
shall be furnished by the licensee within 10 days of the effective
date hereof and, thereafter, by the licensee at the time of annual
renewal or of transfer of the license, and, as to future employees,
the foregoing information shall be furnished within 10 days of the
hiring of such employee.
c.
There is established herein a registration fee payable to the Township
of $10 per annum for the filing contemplated herein. There is also
established a supplemental filing fee of $5 for all such supplemental
filings required herein; provided, however, that in no event shall
a total annual registration fee for a licensee exceed the sum of $25.
[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.
[1974 Code § 50-8; 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.
[1974 Code § 50-9]
No minor shall purchase, accept or consume, or attempt to purchase,
accept or consume, any alcoholic beverage in or upon any premises
licensed to sell alcoholic beverages in this Township.
[N.J.S.A. 33:1-81; 1974 Code § 50-9; New]
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 the 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
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.
|
[Ord. No. 2012-24-OAB]
[Ord. No. 2012-24-OAB]
It is unlawful for any person under the legal age to, without
legal authority, knowingly possess or knowingly consume an alcoholic
beverage on private property.
[Ord. No. 2012-24-OAB;
N.J.S.A. 40:48-1.2]
a.
Any person found guilty of violating the terms of this section shall
be subject to a fine of $250 for a first offense and a fine of $350
for any subsequent offense. In addition, the Court may, upon a finding
of guilt, in addition to the fine authorized for this offense, suspend
or postpone for six months the driving privileges of the defendant.
Upon the conviction of any person and the suspension or postponement
of that person's drivers license, the Court shall forward a report
to the Motor Vehicle Commission stating the first and last day of
the suspension or postponement period imposed by the Court pursuant
to this section. 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 the defendant at the time of the imposition
of the sentence has a valid drivers license issued by this State,
the Court shall immediately collect the license and forward it to
the Motor Vehicle Commission 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.
b.
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 N.J.S.A. 39:3-40. The defendant 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 the written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
c.
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 Commission 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 Commission shall notify
the appropriate officials in the licensing jurisdiction of the suspension
or postponement.
[Ord. No. 2012-24-OAB]
a.
This section shall not prohibit an underage person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony or rite or consuming or possessing 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.
b.
This section shall not prohibit the possession of alcoholic beverages
by any underage person while actually engaged in the performance of
employment by a person who was 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 shall not be construed to preclude the imposition of
a penalty under this section, N.J.S.A. 33:1-81, or any other section
of law against a person who is convicted of unlawful alcoholic beverage
activity on or at premises licensed for the sale of alcoholic beverages.
[Ord. No. 2012-24-OAB]
a.
An underage person and one or two other persons, if applicable, shall
be immune from prosecution under this section prohibiting any person
under the legal age who, without legal authority, knowingly possesses
or knowingly consumes an alcoholic beverage on private property if:
1.
One of the underage persons called 9-1-1 and reported that another
underage person was in need of medical assistance due to alcohol consumption;
2.
The underage person who called 9-1-1 and, if applicable, one or two
other persons acting in concert with the underage person who called
9-1-1 provided each of their names to the 9-1-1 operator;
3.
The underage person was the first person to make the 9-1-1 report;
and
4.
The underage person and, if applicable, one or two other persons
acting in concert with the underage person who made the 9-1-1 call
remained on the scene with the person under the legal age in need
of medical assistance until assistance arrived and cooperated with
medical assistance and law enforcement personnel on the scene.
b.
The underage person who received medical assistance as provided in
paragraph a of this subsection shall also be immune from prosecution
under this section prohibiting the possession or consumption of an
alcoholic beverage on private property.
