[1990 Code § 6-1]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the City of Lambertville in accordance with
the provisions of an act of the 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.
[1990 Code § 6-2]
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.
[1990 Code § 6-3.1]
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.
[1990 Code § 6-3.2]
All licenses required by this chapter shall be issued by the
City Council which shall also administer the provisions of this chapter.
[1990 Code § 6-3.3]
No person shall sell or distribute alcoholic beverages within the City without obtaining a license in accordance with the act referred to in Section 6-1 and the provisions of this chapter.
[1990 Code § 6-3.4; Ord. No. 2004-02; Ord. No. 2007-24]
The annual fees of licenses for the sale or distribution of
the alcoholic beverages in the City shall be as follows:
Class of License Annual License Fee Number of Licenses
|
Plenary Retail Consumption License
|
$2,500
|
10
|
|
Plenary Retail Distribution License
|
$2,500
|
2
|
|
Club License
|
$188
|
2
|
|
Consumption/Distribution License
|
$2,500
|
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.
[1990 Code § 6-4.1]
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 Christmas Day and New Year's
Day each year as hereinafter provided.
[1990 Code § 6-4.2]
Provisions of subsection 6-4.1 shall not apply on Christmas Day. On Christmas Day no alcoholic beverages shall be sold, served, delivered or consumed in any licensed premises between the hours of 3:00 a.m. and 7:00 a.m.
[1990 Code § 6-4.3]
Provisions of subsection 6-4.1 shall not apply on January 1. On that day no alcoholic beverages shall be sold, served, delivered or consumed in any licensed premises between the hours of 3:00 a.m. and 7:00 a.m.
[1990 Code § 6-4.4]
During the hours sales of alcoholic beverages are hereinabove
prohibited, the entire licensed premises shall also be closed, and
no person shall be admitted or permitted to remain therein except
the licensee or bona fide employees of the licensee, provided, however,
that this section shall not prevent hotels and restaurants from remaining
open to engage in non-alcoholic beverage activity.
[1990 Code § 6-5]
No licensee shall sell or serve any alcoholic beverages to any
person under the legal age to consume alcoholic beverages.
[1990 Code § 6-6]
Any licensee issued under this chapter may be suspended or revoked for violation of any of the provisions of Sections 6-1 through 6-5 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 a service of a five day
notice of charges preferred against the licensee and affording a reasonable
opportunity for a 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.
[1990 Code § 6-7; N.J.S.A. 33:1-81]
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 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.
d.
Misrepresentation of Age. It shall be unlawful for 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 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 $500. In addition,
the court shall suspend or postpone the person's license to operate
a motor vehicle for six months.
Upon the conviction of any person under this section, 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 a person at the time of the imposition of a sentence has
a valid driver's 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.
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. A person 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 a written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
If the person convicted under this section is not a New Jersey
resident, the court shall suspend or postpone, as appropriate given
the age at the time of sentencing, the nonresident driving privilege
of the person and submit to the Motor Vehicle 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 Motor
Vehicle Commission shall notify the appropriate officials in the licensing
jurisdiction of the suspension or postponement.
In addition to the general penalties 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)
