[New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Frenchtown 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. 33:1.1 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
Mayor and 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 § 34-4, § 34-5; Ord. No. 604 § 1]
The annual fees of licenses for the sale or distribution of
alcoholic beverages in the Borough shall be as follows:
|
Class of License
|
Annual Fee
|
Number
|
|---|---|---|
|
Plenary Retail Consumption License
|
$2,400
|
2
|
|
Plenary Retail Distribution License
|
2,400
|
1
|
|
Club License
|
180
|
1
|
The provisions of this subsection with respect to the limitation
on the number of licenses shall not apply to the renewal or transfer
of licenses presently issued. The license fees shall be payable in
accordance with the New Jersey Statutes Annotated and rules and regulations
promulgated by the Commissioner of Alcoholic Beverage Control.
[1982 Code § 34-1; Ord. No. 717]
No licensee shall sell, serve, deliver, or allow, permit or
suffer the sale, service or delivery of any alcoholic beverages or
permit the consumption of any alcoholic beverages on licensed premises
between the hours of 2:00 a.m. and 6:00 a.m. (Monday through Sunday).
[1]
Editor's Note: Former subsection 6-4.2, Sunday Sales Restricted
to Restaurants and Dining Rooms and subsection 6-4.3, New Year's
Eve, previously codified herein and containing portions of 1982 Code
§§ 34-1 and 34-2 and Ordinance No. 530, was repealed
by Ordinance No. 717.
[1982 Code § 34-2; Ord. No. 530 § 1; Ord. No. 717]
An exception is made to subsection 6-4.1 above to allow sale and consumption of alcoholic beverages when application is made to and approved by the Frenchtown Borough Council by a group or organization for a special event or function scheduled to be held on a Sunday. The hours for sale and consumption of alcoholic beverages at a special event or function so authorized may be set by the Frenchtown Borough Council as part of its approval.
[Ord. No. 522 § 34-2A; Ord. No. 717]
Licenses in possession of a license pursuant to N.J.S.A. 33:1-11.2(c) shall be allowed to offer samples of wine products for the express purpose of sale of wine products in original bottle or container for consumption off the premises. These samples may be offered in amount of no larger than one fluid ounce. No one patron shall be allowed to consume more than three such samples in one day. These activities of sampling on premises will be allowed during the hours established in subsection 6-4.1.
[1982 Code § 34-3; Ord. No. 717]
Licensees shall be authorized to sell malt alcoholic beverages in the original bottle or can containers for consumption off the premises during the hours established in subsection 6-4.1.
[New; Ord. No. 717]
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; Ord. No. 717]
During the hours when the sale, service, delivery or consumption
of alcoholic beverages on licensed premises is prohibited, all licensed
premises must remain closed for business except for the sale, service
delivery or consumption of food and/or non-alcoholic beverages. A
licensed premises which remains open when the sales, service, delivery
or consumption of alcoholic beverages on licensed premises is prohibited,
shall close to the public that portion of the licensed premises which
is utilized for the sale, service, delivery or consumption of alcoholic
beverages.
[1982 Code § 34-6]
No owner or operator of a plenary retail consumption license
for on-premises or off-premises consumption shall allow any person
to remove an opened original container of any alcoholic beverage or
other open container containing any alcoholic beverage from the licensed
premises.
[1982 Code § 34-9]
Any licensee holding a plenary retail license for either on-premises
or off-premises consumption of alcoholic beverages shall be strictly
liable for any persons removing an alcoholic beverage from the license
premises in either the opened original container or any other open
container.
[1982 Code § 34-10]
In addition to the liability imposed on any licensee holding
a plenary retail license for on-premises or off-premises consumption,
the person carrying the alcoholic beverage in an open container shall
also be in violation of this section.
[1982 Code § 34-11; New]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Owners or operators of plenary retail consumption licenses may also be liable, upon conviction to the penalty stated in Section 6-6, Revocation of License.
[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, serve, deliver or allow, permit or suffer
the service or delivery of any alcoholic beverage, directly or indirectly,
to any person under the legal age.
[New]
It shall be unlawful for a person under the legal age 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.
[New]
It shall be unlawful for a person under the legal age 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.
[New]
It shall be unlawful for a person to misrepresent or misstate
his or her age or the age of any other person for the purpose of inducing
any retail license to sell, serve or deliver any alcoholic beverage
to a person under the legal age.
[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 and in accordance with N.J.S.A. 33:1-81, P.L. 1985, c. 113,
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
described 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.
