[1976 Code § 6-1]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Ogdensburg in accordance
with the provisions of an act of the Legislature of the State of New
Jersey entitled An Act Concerning Alcoholic Beverages, 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.
[1976 Code § 6-2]
For the purpose of this chapter, words and phrases herein shall
have the same meanings as they have 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.
[1976 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
5-1, and all other applicable laws of the State of New Jersey or of the United States.
[1976 Code § 6-3.2]
All licenses required by this chapter shall be issued by the
Borough Council, which shall also administer the provisions of this
chapter.
[1976 Code § 6-3.3]
No person shall sell or distribute alcoholic beverages within the Borough, without obtaining a license in accordance with the act referred to in Section
5-1 and the provisions of this chapter.
[1976 Code § 6-3.4; Ord. No. 2-96 § 1; Ord. No. 2-03; Ord. No. 8-05]
The annual fees and maximum number of licenses for the sale
or distribution of alcoholic beverages in the Borough shall be as
follows:
Class of License
|
Annual License
|
No. of Licenses
|
---|
Plenary Retail Consumption License
|
$414
|
2
|
Plenary Retail Distribution License
|
302
|
1
|
Club License
|
70
|
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.
[1976 Code § 6-4.1; Ord. No. 1-00 § 6-4.1]
No alcoholic beverages shall be sold, served, delivered to for
consumption or be consumed in any licensed premises on any day between
the hours of 2:00 a.m. and 7:00 a.m. except Sundays and New Year's
Day each year as hereinafter provided.
[1976 Code § 6-4.2; Ord. 1-00 § 6-4.2]
Provisions of subsection
5-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to for consumption or be consumed in the licensed premises between the hours of 2:00 a.m. and 9:00 a.m.
[1976 Code § 6-4.3; Ord. 1-00 § 6-4.3]
Provisions of subsection
5-4.1 shall not apply on January 1. On that day alcoholic beverages may not be sold, served, delivered to for consumption or be consumed in the licensed premises between the hours of 2:00 a.m. and 7:00 a.m. unless January 1 is a Sunday in which case alcoholic beverages may not be sold, served, delivered to for consumption or be consumed in the licensed premises between the hours of 2:00 a.m. and 9:00 a.m.
[1976 Code § 6-4.4]
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 minor, nor permit the consumption of alcoholic
beverages on any licensed premises by any of the above named classes
or persons, or permit any such persons to congregate in or about the
licensed premises.
[1976 Code § 6-4.5; Ord. No. 3-93]
During the hours when the sale of alcoholic beverages are hereinbefore
prohibited, except between the hours of 9:00 a.m. and 12:00 noon on
Sunday, the entire licensed premises shall also be closed to the public.
No person shall be admitted or permitted to remain in the closed licensed
premises except the licensee or the bona fide employees of the licensee.
[1976 Code § 6-5; Ord. No. 13-83 § 1]
No licensee shall sell or serve any alcoholic beverages to any
person under the legal age.
[1976 Code § 6-6]
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 The Division 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.
It shall be unlawful for 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. (N.J.S.A.
33:1-81a)
It shall be unlawful for 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. (N.J.S.A. 33:I-81b)
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. (N.J.S.A. 33:1-81c)
It shall be unlawful for 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. (N.J.S.A. 33:1-81d)
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 division 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 division 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 division
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)