[New]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Tinton Falls in accordance with the provisions of an act of 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.
[New]
For the purpose of this chapter, words and phrases herein shall have the same meaning as in N.J.S.A. 33:1 et seq., and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
[1]
Editor's Note: See also Section 2-18C, Restriction on Political Contributions by Holders of Alcoholic Beverage Licenses.
[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 obtaining a license in accordance with the act referred to in Section 6-1 and the provisions of this chapter.
[1982 Code § 63-6; Ord. #194; Ord. #93-840, § I; Ord. #1049, § 1; Ord. #03-1099, § I; Ord. #03-1105, § I; Ord. #06-1200, § I]
Fees for plenary liquor licenses shall be raised the maximum of 20% as set forth in N.J.S.A. 33:1-12 et seq. each year until the maximum fees are attained as provided by said State Statute as set forth below:
Class of License
2007/2008 Annual License Fee
Plenary Retail Consumption License
$993
Plenary Retail Distribution License
$734
Club License
$180
Class of License
2008/2009 Annual License Fee
Plenary Retail Consumption License
$1,191
Plenary Retail Distribution License
$880
Club License
$180
Class of License
2009/2010 Annual License Fee
Plenary Retail Consumption License
$1,429
Plenary Retail Distribution License
$1,056
Club License
$180
Class of License
2010/2011 Annual License Fee
Plenary Retail Consumption License
$1,715
Plenary Retail Distribution License
$1,267
Club License
$180
Class of License
2011/2012 Annual License Fee
Plenary Retail Consumption License
$2,059
Plenary Retail Distribution License
$1,520
Club License
$180
Class of License
2012/2013 Annual License Fee
Plenary Retail Consumption License
$2,470
Plenary Retail Distribution License
$1,824
Club License
$180
Class of License
2013/2014 Annual License Fee
Plenary Retail Consumption License
$2,500
Plenary Retail Distribution License
$2,189
Club License
$180
Class of License
2014/2015 Annual License Fee
Plenary Retail Consumption License
$2,500
Plenary Retail Distribution License
$2,500
Club License
$180
[1982 Code § 63-10; Ord. #356; Ord. #608; Ord. #1049, § 1]
Pursuant to the provisions of N.J.S.A. 33:112, Subdivision 5, and the authority therein vested in the governing body of the Borough of Tinton Falls, it is hereby declared that the Borough of Tinton Falls be and hereby is authorized to grant club licenses where deemed appropriate by the governing body of the Borough of Tinton Falls upon such application and procedures as may be determined by the Borough of Tinton Falls which procedures shall be in compliance with all conditions which may be imposed by the Commissioner of Alcoholic Beverage Control by rules and regulations.
[1982 Code §§ 63-1, 63-2, 63-3; Ord. #516; Ord. #01-1049, § 1]
a. 
Hours Under Plenary Retail Consumption License. A licensee holding a plenary retail consumption license may sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of, any alcoholic beverage for consumption on the licensed premises, as follows:
1. 
On weekdays from 7:00 a.m. to 2:00 a.m.
2. 
On Saturdays from 7:00 a.m. to 2:00 a.m.
3. 
On Sundays from 10:00 a.m. to 2:00 a.m.
4. 
On New Year's Eve when it is a weekday or Saturday from 7:00 a.m. to 4:00 a.m.
5. 
On New Year's Eve when it is a Sunday from 10:00 a.m. to 4:00 a.m.
b. 
Hours Under Plenary Retail Distribution License. A licensee holding a plenary retail distribution license may sell or distribute alcoholic beverages in original containers for off-premises consumption from the licensed premises as follows:
1. 
On weekdays from 9:00 a.m. to 10:00 p.m.
2. 
On Saturdays from 9:00 a.m. to 10:00 p.m.
3. 
On Sundays from 10:00 a.m. to 10:00 p.m.
4. 
On New Year's Eve when it is a weekday or Saturday from 9:00 a.m. to 10:00 p.m.
5. 
On New Year's Eve when it is a Sunday from 10:00 a.m. to 10:00 p.m.
c. 
Sales of Malt Beverages and Wine. Notwithstanding the provision of paragraphs a and b above, malt alcoholic beverages and wine may be sold in sealed containers for off-premises consumption by consumption licensees and distribution licensees during any hours that the sale of alcoholic beverages for on-premises consumption is permitted for consumption licensees.
d. 
Hours Under Club License. A licensee holding a club license may sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of, any alcoholic beverage for consumption on the licensed premises for immediate consumption to bona fide members and their guests, as follows:
1. 
On weekdays from 7:00 a.m. to 2:00 a.m.
2. 
On Saturdays from 7:00 a.m. to 2:00 a.m.
3. 
On Sundays from 10:00 a.m. to 2:00 a.m.
4. 
On New Year's Eve when it is a weekday or Saturday from 7:00 a.m. to 4:00 a.m.
5. 
On New Year's Eve when it is a Sunday from 10:00 a.m. to 4:00 a.m.
[1982 Code § 63-4; Ord. #516]
No licensee shall sell, serve or deliver, or allow, permit or suffer the sale, service, delivery or distribution of, any alcoholic beverage from the licensed premises or allow consumption of any alcoholic beverage on the licensed premises at any time except as permitted by subsection 6-4.1.
[1982 Code § 63-5; Ord. #516]
During the hours sales are hereinabove prohibited, the entire licensed premises shall also be closed and no person other than the licensee and his bona fide employees shall be permitted to enter or remain thereon; provided, however, that this closing of premises requirement shall not apply to bona fide hotels, to restaurants as defined in N.J.S.A. 33:1-1t or to clubs provided for in N.J.S.A. 33:1-12, Subdivisions.
[New]
No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage directly or indirectly for any person under the legal age, or to any person actually or apparently intoxicated, nor shall any licensee allow, permit, or suffer the consumption of alcoholic beverages by any such person upon the licensed premises.
[1982 Code § 63-7; Ord. #356; Ord. #608]
a. 
No plenary retail consumption license, except renewal licenses for the same premises which have been previously licensed and transferred from person to person, shall be granted or transferred to premises which are within a distance of 1,000 feet of any premises within the Borough with an existing plenary retail consumption license, or premises which are within a distance of 500 feet of any premises within the Borough with an existing plenary retail distribution license.
b. 
No plenary retail distribution license, except renewal licenses for the same premises which have been previously licensed and transferred from person to person, shall be granted or transferred to premises which are within a distance of 1,000 feet of any premises within the Borough with an existing plenary retail distribution license, or premises which are within a distance of 500 feet of any premises within the Borough with an existing plenary retail consumption license.
c. 
Notwithstanding any provision of this subsection, in the event that a licensee, but only the licensee, shall desire to transfer his license to another premises, he may be permitted to do so at the discretion of the Borough Council, but the transfer to new premises shall be limited to a distance of not more than 300 feet from the licensed premises from which the transfer is sought. This exception shall not be construed to authorize any other transfer except in compliance with the distance provisions of subsection 6-5.1.
d. 
All the distances mentioned herein shall be measured in the same manner as those required by Statute for the measuring of distances between licensed premises, schools and churches.
[1982 Code § 63-8; Ord. #356; Ord. #608]
The Borough Council at its discretion, may allow the transfer of licenses unrestricted by the 1,000-foot limitation in the event that any licensed premises shall be taken by the power of eminent domain for any municipal, County, State or Federal project; provided, however, that the premises to which the license is sought to be transferred shall not be located within a distance of 500 feet of existing licensed premises for which the same class of license is issued as the one sought to be transferred. The 500-foot distance provided for in this subsection shall be measured in the same manner as that required by Statute for the measuring of distances between licensed premises, schools and churches.
[1982 Code § 63-9; Ord. #356; Ord. #608]
Nothing in this section shall be construed to prevent the granting or transferring from person to person of retail consumption licenses to any premises which is or shall be used for a bona fide hotel or motel containing 100 sleeping rooms as defined by Statute.
[New]
Any license issued pursuant to this chapter may be suspended or revoked for violation of any provision of this chapter or for violation of any provision of N.J.S.A. 33:1-1 et seq., as amended, or any of the rules and regulations issued by the Commissioner of Alcoholic Beverage Control, N.J.A.C. 13.201, et seq. as amended.
[1982 Code § 63-11; Ord. #356; Ord. #608]
It shall be unlawful for a person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her any alcoholic beverage.
[1982 Code § 63-12; Ord. #356; Ord. #608]
It shall be unlawful for a person under the legal age for purchasing alcoholic beverages to consume, purchase, attempt to purchase or have another purchase for him or her any alcoholic beverage on any premises licensed for the sale of alcoholic beverages.
[1982 Code § 63-13; Ord. #356; Ord. #608]
It shall be unlawful for any person under the age of 21 years to misrepresent or misstate his or her age for the purpose of inducing any retail licensee or any employee of any retail licensee to sell, serve or deliver any alcoholic beverage to him or her.
[N.J.S.A. 33:1-81, para. c; New]
It shall be unlawful for 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.
[1982 Code § 63-14; Ord. #356; Ord. #608; N.J.S.A. 33:1-81; New]
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, 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 to purchase alcoholic beverages who violates this N.J.S.A. 33:1-81 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.