[Ord. No. 329 § 1;
New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Sea Girt 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. No. 329 § 2;
New]
For the purpose of this chapter, the words and phrases herein
shall have the same meaning as N.J.S.A. 33:1-1 et seq., and the Rules
and Regulations of the Director of the Division of Alcoholic Beverage
Control. The hours referred to shall be Eastern standard time or Eastern
daylight saving time, depending upon current Federal regulation.
[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 of 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 of Sea Girt without having obtained a license in accordance with the Act referred to in Section 6-1 and the provisions of this chapter, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
[Ord. No. 329; All §§ 1,
2; Ord. No. 376 § 1; Ord. No. 383 § 1; Ord. No. 391; Ord. No. 777; Ord. No. 813 § 1; Ord. No. 2007-19 § 1; New]
The classes of licenses and annual license fees and maximum
number of licenses for the sale and distribution of alcoholic beverages
in the Borough shall be as follows:
a.
License Fees.
|
Class of License
|
Annual License Fee
|
2012
|
2013
|
2014
|
2015
|
Maximum Number
|
|---|---|---|---|---|---|---|
|
Plenary Retail Consumption License
|
$1,491.60
|
$1,789.92
|
$2,147.90
|
$2,500
|
$2,500
|
3
|
|
Seasonal Retail Consumption License
|
$1,118.40
|
$1,342.44
|
$1,610.92
|
$1,875
|
$1,875
|
1
|
|
Plenary Retail Distribution License
|
$621.60
|
$745.92
|
$895.10
|
$1,074.12
|
$1,288.94
|
1
|
b.
Term. All licenses shall be for a term of one year, and all fees
shall be paid in advance upon presentation of an application.
c.
Qualification. No license shall be issued to any person not fully
qualified under the provisions of Title 33 of the New Jersey Statutes
Annotated as amended and supplemented.
d.
Number of Licenses. The number of licenses shall not be in excess
of that permitted under the applicable State law. Nothing herein shall
have the effect of disabling the issuance of and renewal or transfer
of existing licenses.
[Ord. No. 329, AIII § Ord. No. 486 § 1; Ord. No. 557 § 1]
No licensee shall sell, serve or deliver or allow, or permit
the sale, service, or delivery of any alcoholic beverage or permit
the consumption of any alcoholic beverage on a licensed premises on
any day between the hours of 12:00 midnight and 6:00 a.m.
[Ord. No. 557 § 1;
New]
During the hours that the sale of alcoholic beverages are 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. This requirement for the closing of
the premises shall not apply to bona fide hotels or restaurants as
defined in N.J.S.A. 33:1-1(t) and to clubs licensed under N.J.S.A.
33:11-12(5) and to other establishments where the principal business
is other than the sale of alcoholic beverages. The "closing of the
licensed premises" shall be defined as having all persons who are
not employees off the premises and, in addition, shall mean that no
alcoholic beverages shall be served or consumed by anyone.
[Ord. No. 329 AIII § 4;
New]
No licensee or employee of the licensee shall sell, serve or
deliver, nor shall any licensee suffer or permit the sale, service
or delivery of any alcoholic beverage, directly or indirectly, to
any intoxicated person or persons under the legal age; or allow, permit
or suffer the consumption of alcoholic beverages by such persons upon
the licensed premises; or permit any such persons to congregate in
or about the licensed premises.
[Ord. No. 846 § 1]
a.
No plenary retail consumption license shall be granted for or transferred
to any premises, the entrance of which is within the area of a circle
having a radius of 500 feet and having as its center the entrance
of an existing licensed premises covered by a plenary retail consumption
license.
b.
Notwithstanding the distance limitation contained in paragraph a
above, the Borough Council, at its discretion, may allow the transfer
of any licensed premises which shall be taken by the power of eminent
domain for any municipal, County, State or Federal project.
[Ord. No. 563 § 1]
a.
The purpose of this subsection is to protect the welfare of our teenage
population by prohibiting their congregation upon premises licensed
by the Borough pursuant to State law to dispense alcoholic beverages.
It is found and determined by this Governing Body that the atmosphere
of a "bar," even though not selling alcohol at the times of certain
events, is not in the best interest of our teenagers. The Borough
is, therefore, exercising its powers under Title 33 of the New Jersey
Statutes to protect against such activities.
b.
Teen-Night shall mean scheduled dance, concert or other event held
on the premises of a licensed plenary retail alcoholic beverage establishment,
admittance to which dance, concert or event is restricted to those
patrons under the legal drinking age established by the State of New
Jersey.
c.
The holding of a "teen-night" is hereby prohibited in any portion
of a licensed plenary retail establishment where alcoholic beverages
are customarily sold or served within the Borough.
[Ord. No. 329 AIII § 5]
No licensee shall allow, permit or suffer in or on the licensed
premises any brawl, act of violence, disturbance or unnecessary noise;
nor shall any licensee allow, permit or suffer the licensed place
of business to be conducted in such manner as to become a nuisance.
[Ord. No. 329 AIV; New]
a.
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 and Regulations of the
State's Director of Alcoholic Beverage Control.
b.
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 against
the licensee and affording a reasonable opportunity for a hearing
before the Borough Council.
c.
Suspension
or revocation of the license shall be in addition to any other penalty
which may be imposed for a violation of the provisions of this chapter.
[Ord. No. 268; New]
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.
A minor may enter any licensed premises in the regular pursuit
of his business, trade or occupation.
[Ord. No. 268; New]
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.
[New]
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.
[New]
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
beverage.
[Ord. No. 268]
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.
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 may 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 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. (N.J.S.A. 33:1-81)
[Ord. No. 12-2019]
a.
Information of employees to Police Department.
1.
Every person, partnership or corporation holding any Plenary Retail
Consumption License, any Plenary Retail Distribution License, Seasonal
Plenary Retail Consumption License, or any Club License issued or
to be issued in the Borough of Sea Girt shall furnish to the Sea Girt
Police Department the name, address, date of birth and social security
number of each employee who is required to register with the Police
in paragraph b. The names, addresses, dates of birth and social security
numbers shall be furnished to the Police Department prior to the commencement
of such employment.
2.
Every person, partnership or corporation holding any Plenary Retail
Consumption License, any Plenary Retail Distribution License, Seasonal
Plenary Retail Consumption License or any Club License issued or to
be issued in the Borough of Sea Girt shall be required to notify employees
prior to their employment of their requirement to register with the
Police in paragraph b.
3.
Every person, partnership or corporation holding any Plenary Retail
Consumption License, any Plenary Retail Distribution License, Seasonal
Plenary Retail Consumption License or any Club License issued or to
be issued in the Borough of Sea Girt shall not employ any person who
is required to register with the Police or Division of Alcoholic Beverage
Control who has failed, neglected or refused to do so.
b.
Registration with Police. All persons who shall sell, solicit the
sale of, mix, process or prepare any alcoholic beverage at or from
any bar or establishment selling alcoholic beverages from the original
package or container under a Plenary Retail Consumption License, a
Plenary Retail Distribution License, a Seasonal Retail Plenary Consumption
License or a Club License, shall register with the Police Department;
provided, however, that this subsection shall not apply to:
1.
Bus boys or bus girls.
2.
Entertainers.
3.
Cooks.
4.
Kitchen help.
5.
Other persons performing strictly restaurant-related functions.
6.
Any person who individually or as a partnership or as an officer,
director or holder of more than 10% of the stock of a corporation
holding a Plenary Retail Consumption License, Seasonal Plenary Retail
Consumption License or any Plenary Retail Distribution License is
required to execute a questionnaire in a form provided by the Director
of the Division of Alcoholic Beverage Control and maintain such form
upon the licensed premises.
7.
All persons who shall sell, solicit the sale of, process or prepare
any alcoholic beverage at or from the original package or container
under a club license unless such person's employment exceeds
10 days in any one calendar year, and/or said person receives regular
recurring monetary remuneration in connection with said employment,
who then shall register with the Police Department. For purposes of
this section, Club licenses shall maintain a log indicating the days
of work for each employee.
c.
Application for identification card; fingerprints and photographs.
Said registration with the Police Department shall be accomplished
by completing or furnishing the following:
1.
An application for an identification card, which application shall
contain such information as the usual specifics of personal identification,
date and place of birth, address and other employment, and such other
information as deemed necessary and proper by the Chief of Police,
or designee, to aid and assist in proper enforcement of the law.
2.
A photograph and a set of fingerprints are to be taken under the
direction of the Borough of Sea Girt Police Department. The fingerprint
records shall be submitted to the State of New Jersey Division of
State Police Bureau of Identification for a thorough and complete
criminal history check. An applicant shall pay a fee in accordance
with a fee schedule set by the New Jersey State Police. Upon receipt
of a report from the State, the local ABC Enforcement Officer, or
designee, shall prepare a report to the Chief of Police or other designee
of the Borough Council, outlining any arrests or convictions recorded
pertaining to any crimes. The Chief of Police, or other designee of
the Borough of Sea Girt Council shall then prepare a report to the
Borough Council outlining any arrests or convictions recorded pertaining
to any crime. A "crime" for purposes of this section shall be a criminal
offense defined as a first degree crime, second degree crime, third
degree crime and fourth degree crime as defined by N.J.S.A. 2C:1-4a.
3.
No identification card will be issued to any person convicted of
a crime of moral turpitude. Such a crime is defined as an act of baseness,
vileness or depravity in the private and social duties which a person
owes to a fellow person, to society in general, contrary to accepted
and customary rule of right and duty. Black's Law Dictionary.
4.
No licensee shall employ a person convicted of a crime of moral turpitude.
5.
If at any time within the licensed year a holder of an alcoholic
beverage control identification card is found guilty of a crime of
moral turpitude, the Borough Council shall immediately suspend the
alcoholic beverage control license.
6.
No person shall be issued a renewal to his/her alcoholic beverage
card if he/she has been convicted of a crime of moral turpitude.
d.
Possession of identification card; temporary receipt.
1.
Possession of identification card. All persons required to register
under paragraph b shall be required to have in their possession, at
all times, when in or about the licensed premises, an identification
card on a form furnished by the Police Department, which shall contain
such information as deemed necessary and proper by the Chief of Police
to aid and assist in proper enforcement of the law. An owner or licensee
shall be required to register and obtain an identification card, although
such person may not be personally engaged in the sale, mixing, processing
or preparation of alcoholic beverages.
2.
Temporary receipt. Upon registering with the Borough of Sea Girt
as required by Subsection b., a temporary receipt will be issued which
may be used as a temporary identification card for the purpose of
satisfying this section only. This temporary receipt shall contain
the applicant's name and expire 60 days upon application.
e.
Term of identification card.
1.
An original identification card shall be valid until December 31st
of the calendar in which it was obtained. All identification cards
shall be renewed each year by December 31st and will be valid through
December 31st of the subsequent year.
2.
The following fees shall be imposed for the issuance of each identification
card:
(a)
For each original card, the sum of that amount charged by any
state agency for a fingerprint inquiry, which such an inquiry is permitted
by law, which shall be paid by certified check or money order payable
to the agency and a $25 processing fee.
(b)
For each renewal of an original card, the sum of $10.
(c)
For any owner or licensee, the original fee and renewal fee
for the identification card is waived.
f.
Age limits.
1.
Bartender, waiter or sales clerk; 18 years.
2.
Entertainer; 18 years.
3.
Restaurant/hotel worker (must qualify as a restaurant as defined);
16 years.
4.
Stock clerk in distribution license (permits for the employment of
minors under 18 years must first be obtained); 15 years.
5.
Pinsetter (permits for the employment of minors under 18 years of
age must first be obtained); 15 years.
6.
Worker (not selling alcohol) for consumption license, not a restaurant
or hotel (permits for the employment of minors under 18 years of age
must first be obtained); 16 years.
g.
Violations and Penalties. Violation of any provision of this section
by any owner and/or employee shall, upon conviction thereof, be punished
by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or
by a term of imprisonment or a period of community service not exceeding
90 days on both the owner and employee in violation. Each and every
violation shall be considered a separate violation. Any person who
is found guilty of violating the provisions of this section within
one year of the date of a previous violation and who was fined for
the previous violation may be sentenced by the court to an additional
fine as a repeat offender and, in addition, will be subject to a hearing
before the Borough of Sea Girt Council where additional penalties
may be imposed in accordance with New Jersey State Alcoholic Beverage
Control regulations.
