[Ord. #336, S 1]
This Chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of West Long Branch pursuant
to the authority granted by the New Jersey State Legislature as found
in Title 33 of the New Jersey Statutes Annotated and all other statutes
in the State of New Jersey dealing with liquor licenses, and in accordance
with the rules and regulations of the State Director of Alcoholic
Beverage Control.
[Ord. #336, S 2]
For the purpose of this Chapter, words and phrases herein shall
have the same meanings as in R.S. 33:1-1 et seq., and the rules and
regulations of the Director of the Division of Alcoholic Beverage
Control.
[Ord. #336, S 3,a]
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.
[Ord. #336, S 3,b]
All licenses required by this Chapter shall be issued by the
Borough Council, which shall also administer the provisions of this
Chapter.
[Ord. #336, S 3,b]
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. #366, S 3, b; Ord. #339, S 1; New; Ord. #470; Ord.
#502; Ord. #527; Ord. No. O-2016-10]
The annual license fees for all three types of alcoholic beverage
licenses within the Borough shall increase each year until they reach
the statutory limits of $2,500.00 for plenary retail consumption and
plenary retail distribution licenses and $188.00 for club licenses,
in accordance with the schedules below.
a.
Plenary Retail Consumption License. The annual license fee for plenary
retail consumption licenses shall be as set forth below for the calendar
years indicated:
|
Annual License Fee
|
Number of Licenses
| |
|---|---|---|
|
2017
|
$1,243.00
|
5
|
|
2018
|
$1,491.00
|
5
|
|
2019
|
$1,789.00
|
5
|
|
2020
|
$2,146.00
|
5
|
|
2021 and after
|
$2,500.00
|
5
|
b.
Plenary Retail Distribution License. The annual license fee for plenary
retail distribution licenses shall be as set forth below for the calendar
years indicated:
|
Annual License Fee
|
Number of Licenses
| |
|---|---|---|
|
2017
|
$742.00
|
1
|
|
2018
|
$890.00
|
1
|
|
2019
|
$1,068.00
|
1
|
|
2020
|
$1,281.00
|
1
|
|
2021
|
$1,537.00
|
1
|
|
2022
|
$1,844.00
|
1
|
|
2023
|
$2,212.00
|
1
|
|
2024 and after
|
$2,500.00
|
1
|
c.
Club Licenses. The annual license fee for club licenses shall be
as set forth below for the calendar years indicated:
|
Annual License Fee
|
Number of Licenses
| |
|---|---|---|
|
2017 and after
|
$180.00
|
1
|
|
The provisions of this subsection with respect to the limitation
of the number of licenses shall not apply to the renewal or transfer
of licenses presently issued.
|
[Ord. #336, S 3,e]
[Ord. #336, S 4]
Nothing in this section shall prevent the issuance within the
Borough of a new license to a person, partnership or corporation who
operates a hotel or motel containing not less than 100 sleeping rooms
or who may hereafter construe or establish a new hotel or motel containing
not less than 100 sleeping rooms; provided, however, that a new license
issued pursuant to the provisions of this section shall not be transferred
or renewed except for premises operated as hotel or motel containing
100 or more sleeping rooms.
[Ord. #89, S 3; Ord. #336, S 7,a; Ord. #410, S 1; Ord. #0-96-17]
No alcoholic beverages shall be sold, delivered, served or consumed
in any licensed premises on any weekday between the hours of 2:00
a.m. and 8:00 a.m., and on Sundays between the hours of 2:00 a.m.
and 9:00 a.m., except on New Year's Day each year as hereinafter
provided.
[Ord. #89, S 3; Ord. #336, S 7,a; Ord. #410, S 1]
Provisions of Subsection 6-4.1 shall not apply on January 1. On that day alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 8:00 a.m., except when New Year's Day falls on a Sunday, no alcoholic beverage shall be sold, served, delivered or consumed in the licensed premises between the hours of 5:00 a.m. and 11:00 a.m.
[Ord. #336, S 7,d; Ord. #0-98-10]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any intoxicated
person, nor permit the consumption of alcoholic beverages on any licensed
premises by any such person.
[Ord. #410, S 1]
During the hours 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 and bona fide employees of the licensee, provided, however,
that nothing in this closing-of-premises requirement shall apply to
a bona fide hotel or motel or other establishment where the principal
business is other than the sale of alcoholic beverages, but only to
those portions of the premises which are involved in the non-alcoholic
beverage principal business, or to a licensee serving food for on-premises
consumption in a room which has been reserved in advance for a group
of not less than 25 persons, which room shall be closed off by doors
from access by the general public.
[Ord. #336, S 7,e; Ord. #490]
It shall be unlawful for a person under the legal age to enter
any premises licensed for the sale of alcoholic beverages for the
purpose of purchasing or having served or delivered to him any alcoholic
beverage.
[Ord. #336, S 7,e; Ord. #490]
It shall be unlawful for a person under the legal age to consume
any alcoholic beverage or to purchase, attempt to purchase, or have
another purchase for him, any alcoholic beverage on any premises licensed
for the sale of alcoholic beverages.
[Ord. #490]
It shall be unlawful for any person under the legal age to misrepresent
or misstate his age for the purpose of inducing any retail licensee
or any employee of any retail licensee to sell, serve, or deliver
any alcoholic beverage to him.
[Ord. #490]
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.
[Ord. #O-01-5, SS 1-8]
a.
Prohibition; Violation and Penalty. It shall be unlawful for any
person under the legal age to purchase alcoholic beverages, to knowingly
possess without legal authority or to knowingly consume any alcoholic
beverage on private property within the Borough of West Long Branch.
Violation shall be punished by a fine of $250 for a first offense
and $350 for any subsequent offense. The Court may, in addition to
the fine authorized for this offense, suspend or postpone for six
months the driving privilege of the defendant.
b.
Report Filed with Motor Vehicle Commission. Upon the conviction of
any person and the suspension or postponement of that person's
driver's license, 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 subsection.
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.
c.
Driver's License Forwarded to Motor Vehicle Commission. 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 Motor Vehicle Commission 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.
d.
Notice of Possible Additional Penalties. 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. The 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.
e.
Nonresidents of State. If any person convicted under this section
is not a New Jersey resident, the Court shall suspend or postpone,
as appropriate, the nonresident driving privilege of the person based
on the age of the person and submit to the Motor Vehicle Commission
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 Motor Vehicle Commission shall notify the appropriate
officials in the licensing jurisdiction of the suspension or postponement.
f.
Exceptions.
1.
This subsection does not prohibit an underaged person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony, or rite or consuming or possession of 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 section does not prohibit possession of alcoholic beverages
by any such person while actually engaged in the performance of employment
by a person who is licensed under Title 33 of the New Jersey Statutes,
or while actively engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a county vocational
school or post-secondary educational institution; however, no ordinance
enacted pursuant to this section shall be construed to preclude the
imposition of a penalty under this section, N.J.S.A. 33:1-81, or any
other section of law against a person who is convicted of unlawful
alcoholic beverage activity on or at premises licensed for the sale
of alcoholic beverages.
[Ord. #336, S 7,h]
No licensee shall allow or permit or suffer in or on the licensed
premises or on the area surrounding the licensed premises, any brawl,
act of violence, disturbance, or unnecessary noise; nor shall any
licensee allow or permit or suffer the licensed place of business
to be conducted in such a manner as to become a nuisance.
[Ord. #336, S 7,i]
No music of any nature or kind shall be played in or on any licensed premises between the hour of 1:30 a.m. and the hour on the same day when the sale, service, delivery and consumption of alcoholic beverages may be resumed on the licensed premises, as provided in Subsections 6-4.1 and 6-4.2 preceding. On New Year's Day, the first hour set forth in this subsection shall be extended to 5:00 a.m.
[Ord. #336, S 7,k; Ord. No. O-2017-8]
a.
No establishment, licensed pursuant to this Chapter, shall be located
within a distance of two hundred (200') feet of any church or
school; and
b.
The prohibition against a licensee operating within the prohibited
area shall not apply to the renewal of any license where no church
or school was located within two hundred (200') feet of the licensed
premises at the time of the issuance of the initial license.
[Ord. #336, S 8]
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 R.S. 33:1-31 by a service of a five day notice
of charges preferred against the licensee and affording a reasonable
opportunity for a 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.
