[Adopted 6-7-1939 by Ord.
No. 39-3]
[Amended 4-12-1948 by Ord. No. 48-4]
This Article is for the purpose of regulating the sale of alcoholic
beverages in the Borough of Neptune City, County of Monmouth, and
of fixing the license fees and limiting the number of places to be
licensed, in accordance with the provisions of an act of the Legislature
entitled "An Act Concerning Alcoholic Beverages," being Chapter 436,
P.L. 1933, as amended and supplemented, and in accordance with the
rules and regulations promulgated by the State Commissioner of Alcoholic
Beverage Control applicable thereto, and in accordance with the rules
and regulations existing herein or hereafter adopted by competent
municipal authority not inconsistent with said Act or rules and regulations
of said State Commissioner.
[1]
Editor's Note: See N.J.S.A. 33:1.
[Added 11-19-2012 by Ord.
No. 2012-8]
As used in this Article, the following terms shall have the
meanings indicated:
A person who has qualified as a guardian of the underaged
person pursuant to testamentary or court appointed.
[Added 11-19-2012 by Ord.
No. 2012-8]
Any natural person or association of natural persons, association,
trust company, partnership, corporation, organization or the manager,
agent, servant, officer or employee of any of them.
The underage person's grandparent, aunt or uncle, sibling
or any other person related by or affinity.
All applications for licenses under this Article, all licenses
issued hereunder and proceedings in connection herewith shall be subject
to said Act and said rules and regulations of the said State Commissioner
of Alcoholic Beverage Control of New Jersey applicable thereto, and
shall be subject to any other statutes of New Jersey, or the United
States of America, now extant or hereafter enacted, affecting said
subject matters.
It shall be unlawful to possess, sell, distribute or transport
alcoholic beverages otherwise than as provided in this Article and/or
said Act.
[Amended 4-12-1948 by Ord. No. 48-4; 9-25-1995 by Ord. No. 1995-16; 12-28-1998 by Ord. No. 1998-24; 12-11-2000 by Ord. No. 2000-16; 8-9-2004 by Ord. No.
2004-13]
No seasonal retail consumption license shall be granted within
the Borough of Neptune City.
[Amended 4-12-1948 by Ord. No. 48-4]
Not more than five plenary retail consumption licenses shall
be outstanding in the Borough of Neptune City at the same time.
[Amended 4-12-1948 by Ord. No. 48-4]
Not more than three plenary retail distribution licenses shall
be outstanding in the Borough of Neptune City at the same time.
Not more than one license of any class authorized under this
Article shall be granted to any person, corporation, partnership,
limited partnership or association in the Borough of Neptune City.
No minor shall be allowed in any room in which any bar is located
unless accompanied by one of his or her parents.
No person, as defined in said Act, shall possess, sell, distribute
or transport any alcoholic beverages in Neptune City in violation
of said Act.
No licensee or agent, servant or employee of any licensee shall
sell or serve to any mental defective, habitual drunkard or any intoxicated
person any alcoholic beverages.
Any license issued pursuant to this Article may be suspended
or revoked for the violation of any of the provisions of the Control
Act or this Article, or of the rules and regulations promulgated by
the State Commissioner of Alcoholic Beverage Control now or hereafter
in effect.
No licensee or his agent, servant or employee shall sell or
dispense any alcoholic beverage to any policeman, detective or superior
officer of any Police Department while such policeman, detective or
superior officer of any Police Department of any municipality is in
uniform.
No licensee shall allow, permit or suffer in or upon the licensed
premises any disturbances, lewdness, immoral activities, brawls or
unnecessary noises, or allow, permit or suffer the licensed place
of business to be conducted in such manner as to become a nuisance.
No signs relating to the liquor business or display of alcoholic
beverages visible from outside of the licensed premises shall be permitted
on stores or premises, except one sign, such as "tavern," "grill"
or "liquor store."
[1]
Editor's Note: Original Section 18, which prohibited the sale
of alcoholic beverages on election days, was repealed 10-12-1970 by
Ord. No. 70-7.
[Amended 6-23-1952 by Ord. No. 52-3; 6-11-1984 by Ord. No. 84-1; 11-24-2014 by Ord. No. 2014-10]
No licensee shall sell, serve or deliver any alcoholic beverages
or permit the consumption of any alcoholic beverages on the licensed
premises which serve food in the Borough of Neptune City between the
hours of 2:00 a.m. and 7:00 a.m. on all days and no sale of packaged
alcoholic beverages shall occur before 10:00 a.m. on Sundays. All
licensed premises shall be vacated by all patrons by 2:15 a.m. on
all days; provided, however, that the foregoing 2:00 a.m. restrictions
shall not commence until 5:00 a.m. on New Year's Day.
[1]
Editor's Note: Original Sections 20, 21 and 23, which restricted
the hours, days and time of the sale of alcoholic beverages, were
repealed 6-23-1952 by Ord. No. 52-3.
[Amended 6-23-1952 by Ord. No. 52-3]
During the hours mentioned in § 39-17, when sales are prohibited, all licensed premises shall be closed. During the hours when said licensed premises are required to be closed, all licensees shall draw aside any curtains or screens obscuring the view of the interior from the street.
No licenses shall allow, permit or suffer in or upon the licensed premises the playing of music through the instrumentality of single or individual musical instruments or orchestras, bands, music machines or the playing of music in any other way or manner whatsoever between the hours of 1:00 a.m. and 7:00 a.m. on weekdays, and between the hours of 1:00 a.m. and 12:00 noon on Sundays, or between the hours of 2:00 a.m. and the opening hours, as provided in § 39-17 hereof, on the 25th day of December in any year, and between the hours of 4:00 a.m. and the opening hours, as provided in § 39-17 hereof, on January 1 of any year.
