[Ord. #84; 1972 Code § 38-1]
This Chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough 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.
[Ord. #84; 1972 Code § 38-1]
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.
[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.
[Ord. #84; Ord. #136, Ord. #205; Ord. #397; Ord. #487; Ord.
#541, Ord. #593; Ord. #636; 1972 Code §§ 38-2; 38-3;
Ord. #729, § 1; New; Ord. #771; Ord. #878; Ord. #1,000]
The annual fees of licenses for the sale and distribution of
alcoholic beverages in the Borough shall be as follows:
|
Annual License Maximum
| ||
|---|---|---|
|
Number Class of License
|
Fee
|
Number of Licenses
|
|
Plenary Retail Consumption License
|
$2,225
|
8
|
|
Limited Retail Distribution License
|
$50
|
1
|
|
Plenary Retail Distribution License
|
$1,620
|
1
|
|
Club License
|
$50
|
Unlimited
|
|
Seasonal Retail Consumption
|
$1,650
|
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 provisions of New Jersey's State Limitation Law, as
provided in Chapter 72 of the Laws of 1960 and as the same may be
hereafter amended, shall control the number of and the issuance of
plenary retail consumption licenses and plenary retail distribution
licenses.
[Ord. #84; Ord. #270; Ord. #422; Ord. #605; 1972 Code § 38-4]
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 6:00 a.m., except Sundays and New Year's Day
each year as is hereinafter provided.
[Ord. #84; Ord. #270; Ord. #422; Ord. #605; 1972 Code § 38-4;
New; Ord. #788]
Provisions of subsection 6-4.1 shall apply on Sundays.
[Ord. #84; Ord. #270; Ord. #422; Ord. #605; 1972 Code § 38-4]
Provisions of subsection 6-4.1 shall not apply on January 1. Alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises at all times, unless January 1 is a Sunday, in which case alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 9:00 a.m. and 12:00 noon.
[Ord. #84; Ord. #618; 1972 Code § 38-4.1; Ord.
#779; Ord. #835]
No licensee shall sell or deliver, or allow, permit or suffer
the sale or delivery of distilled spirits at retail in its original
container for consumption off the licensed premises before 9:00 a.m.
or after 10:00 p.m. (Prevailing Time) except as provided for by any
rule or regulation of the Division of Alcoholic Beverage Control.
[New]
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, nor permit the consumption of
alcoholic beverages on any licensed premises by any of the above named
persons.
[New]
During the hours in which 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 and except as provided in subsection 6-4.7.
[Ord. #84; Ord. #433; Ord. #422; 1972 Code § 38-5]
The licensed premises shall be cleared of all patrons within
30 minutes after the closing time.
[Ord. #84; 1972 Code § 38-6; New]
All music and entertainment shall cease in all licensed premises
at 1:30 a.m., and all lighted signs advertising the alcoholic beverage
business conducted on the licensed premises, including hotels and
restaurants, shall be turned out at 2:00 a.m.
[Ord. #84; 1972 Code § 38-7]
The hours mentioned in this Chapter shall be deemed Eastern
Standard Time or Daylight Saving Time, whichever shall be the official
time of the Borough.
[Ord. #610; 1972 Code § 38-32]
No alcoholic beverages shall be sold, served, delivered to,
or consumed in, or allowed to be sold, served, or delivered to, or
consumed in any licensed premises in which the number of persons is
greater than one person to each seven square feet of floor area which
is not covered by a bar or working space.
[Ord. #210; 1972 Code § 38-12]
It shall be unlawful for a person under the legal age while
in any premises licensed for the sale of alcoholic beverages, to purchase,
consume or have served or delivered to him or her any alcoholic beverages.
[Ord. #210; 1972 Code § 38-13]
It shall be unlawful for a person under the legal age to purchase,
attempt to purchase or have another purchase for him or her any alcoholic
beverages.
[Ord. #210; Ord. #433; 1972 Code § 38-14]
It shall be unlawful for any person under the legal age to misrepresent
or misstate his or her age for the purpose of inducing any licensee
or any employee of any licensee, or any person acting in behalf of
any licensee, to sell, serve or deliver any alcoholic beverages to
him or her.
[Ord. #210; 1972 Code § 38-16]
No person shall invite or induce any person under the legal
age to be served with or have in his or her possession any alcoholic
beverages on any public street or in any public place in the Borough.
[Ord. #210; Ord. #374; Ord. #433; 1972 Code § 38-17;
New; Ord. #908]
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 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.
a.
No person shall offer or serve alcoholic beverage to a person under
legal age in any public or quasi-public place within the Borough of
Brielle. No person who has ownership or control of any premises, whether
public or quasi-public, or supervision of any event, shall permit,
suffer or allow the consumption of an alcoholic beverage by a person
under legal age in or upon any such premises or at any such event
within the Borough of Brielle.
b.
The possession or consumption of alcoholic beverages by underage
person(s) on private property is hereby prohibited. It is hereby unlawful
for any person(s) under the legal age, without legal authority, to
knowingly possess or knowingly consume an alcoholic beverage on private
property.
1.
Exceptions. This subsection shall not prohibit an underage person
from consuming or possessing alcoholic beverage in connection with
a religious observance, ceremony or rite or consuming or possessing
an alcoholic beverage in the presence of and with the permission of
a parent, guardian or relative who has attained the legal age to purchase
and consume alcoholic beverages.
2.
This subsection shall not prohibit the possession of alcoholic beverages
by any underage person while actively engaged in the performance of
employment by a person who has license under Title 33 of the Revised
Statutes of New Jersey, or while actively engaged in the preparation
of food while enrolled in a culinary arts or hotel management program
at a County vocational or post-secondary educational institute; however,
this subsection shall not be construed to preclude the imposition
of a penalty under N.J.S.A. 33:1-81, or any other section of the law
against a person who is convicted of unlawful alcoholic beverage activity
on or at premises licensed for the sale of alcoholic beverages.
3.
GUARDIAN
RELATIVE
Definitions. For the purpose of paragraphs a and b the following
definitions shall apply.
Shall mean a person who has qualified as a guardian of the
underage person pursuant to a testamentary or court appointment.
Shall mean the underage person's grandparent, aunt or
uncle, sibling, or any other person related by blood or affinity.
[Ord. #371; 1972 Code § 32-21]
No licensee shall engage in or shall allow, permit or suffer
any person employed by such licensee to perform any dancing exhibition
in or on any part of the alcoholic beverage licensed premises.
[Ord. #371; 1972 Code § 32-22]
No licensee shall engage in or shall allow or permit any person
to appear on the premises of any establishment licensed for the sale
and distribution of alcoholic beverages, in any act, scene, sketch
or other form of entertainment, including dancing for the benefit
of patrons, with breasts or the lower part of the torso uncovered
or so thinly covered or draped so as to appear uncovered.
[Ord. #371; 1972 Code § 38-23]
No licensee shall employ, allow or permit any waitress, barmaid
or any other person who comes in contact with or is likely to come
in contact with the patrons of any establishment licensed for the
sale and distribution of alcoholic beverages, to appear in the presence
of such patrons with breasts or the lower part of the torso uncovered
or so thinly covered or draped so as to appear uncovered.
[Ord. #371; Ord. #433; 1972 Code § 38-24]
[Ord. #84; 1972 Code § 38-8; 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.
