[1969 Code § 8-1]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Surf City 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.
[1969 Code § 8-2]
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.
[1969 Code § 8-3.1]
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.
[1969 Code § 8-3.2]
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.
[1969 Code § 8-3.3; New]
The annual fee 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
|
$700
|
2
|
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 Revised Statutes of New Jersey and rules and regulations
promulgated by the Commissioner of Alcoholic Beverage Control.
[1969 Code § 8-4]
No licensee shall sell, serve, deliver, or allow, permit or
suffer the sale, service or delivery of any alcoholic beverages on
licensed premises on weekdays between the hours of 2:00 a.m. and 7:00
a.m. No licensee shall allow, permit or suffer any consumption of
alcoholic beverages on the licensed premises on weekdays between the
hours of 2:00 a.m. and 7:00 a.m.
[1969 Code § 8-4]
Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no licensee shall sell, serve, deliver, or allow, permit or suffer the sale, service or delivery of any alcoholic beverages on licensed premises between the hours of 3:00 a.m. and 7:00 a.m. No licensee shall allow, permit or suffer any consumption of alcoholic beverages on the licensed premises on Sundays between the hours of 3:00 a.m. and 7:00 a.m.
[New]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any habitual drunkard,
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 that the sale of alcoholic beverages is 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.
[1969 Code § 8-5.1]
No licensee shall allow, permit or suffer in or upon the licensed
premises any disturbance, lewdness, immoral activity, brawl or unnecessary
noise, or allow, permit or suffer the licensed place of business to
be conducted in such a manner as to become a nuisance.
[1969 Code § 8-7]
Any license issued under this chapter may be suspended or revoked
for violation of any of the provisions of this chapter or any provisions
of any applicable statute or any of the rules or regulations of the
State Director of Alcoholic Beverage Control.
Proceedings for the 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.
[Ord. #74-5, § 1]
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.
[Ord. #74-5 § 1]
It shall be unlawful in the Borough for any person under the
legal age to:
a.
Misrepresent his age, by the use of false documents or another person's
documents, or otherwise, in connection with the purchase, attempted
purchase or consumption of alcoholic beverages.
b.
Misrepresent his age to any Police Officer in connection with the
purchase, attempted purchase or consumption of alcoholic beverages.
c.
Have in his possession any altered or false document for the purpose
of establishing the identification or age of such person.
d.
False Identity. It shall be unlawful for any person to permit the
use of his documents or evidence of identification by another person
under the legal age in connection with the purchase or attempted purchase
of any alcoholic beverage.
[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, 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.
