[New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Roosevelt in accordance with
the provisions of an act of the 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 State Director of the Division of Alcoholic Beverage Control,
New Jersey Administrative Code (N.J.A.C.) 13:2-1; and to control the
consumption of alcoholic beverages in public by persons, or groups
of persons, within the Borough of Roosevelt.
[New]
As used in this chapter, words and phrases shall have the same
meanings 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.
[New]
All applications for licenses, all licenses issued, and all proceedings under this chapter shall be in accordance with the rules and regulations specified in Section 6-1 and all other applicable laws of the State of New Jersey or of the United States.
[New]
All licenses specified under this chapter shall be issued by
the Mayor and 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 rules and regulations specified in Section 6-1 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.
Ord. Nos. 29-1, 29-2, 29-4, 29-5, 29-6, 29-9, 29-10, 29-11]
a.
The classes and maximum number of licenses to be issued by the Borough
are hereby fixed as follows and the annual fees of licenses for the
sale or distribution of alcoholic beverages in the Borough shall be
as follows:
|
Class of License
|
Annual License Fee
|
Number of Licenses
|
|---|---|---|
|
Plenary Retail Distribution License:
| ||
|
For the year 2011
|
$2,500
|
1
|
|
2012
|
$2,500
|
1
|
|
2013
|
$2,500
|
1
|
b.
Not more than one license shall be granted to any person, corporation,
partnership, limited partnership or association in the Borough, and
the said license shall cover only the licensed premises.
[New]
No licensee shall allow, permit or suffer the sale, service
or delivery of any alcoholic beverage at retail in its original container
for consumption off the licensed premises, or the removal of any alcoholic
beverage in its original container from retail licensed premises,
before 9:00 a.m. or after 10:00 p.m. on any day of the week. (N.J.A.C.13:
2-38.1)
[New]
No licensee or employee of a licensee shall sell, serve, deliver,
directly or indirectly, any alcoholic beverages to any intoxicated
person or persons 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 also be closed, and no person shall
be 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.
[New; Ord. No. 15-009]
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 the Division 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.
[New]
No licensee shall sell or serve alcoholic beverages to persons
under the legal age.
[New]
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.
[New]
No person shall misrepresent his age or the age of another person
for the purpose of inducing any licensee, or his employee, to serve
a person under the legal age in violation of this section.
[New]
Any adult who accompanies a minor into 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.
[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,
any alcoholic beverage; or
b.
A person under the legal age for purchasing alcoholic beverages to
consume any alcoholic beverage on premises located for the retail
sale of alcoholic beverages, or to purchase, attempt to purchase or
have another purchase for him 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
age have the right to purchase and consume alcoholic beverages; or
d.
Any person to misrepresent or misstate his age, or the age of any
other person for the purpose of inducing any licensee or any employee
of any licensee, to sell, serve or deliver any alcoholic beverage
to a person under the legal age for purchasing 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 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. N.J.S.A. 33:1-81;
