[Ord. No. 3-96]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of South Bound Brook 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.R.S. 33:1-1 et seq., and in accordance with the
rules and regulations of the State Director of Alcoholic Beverage
Control.
[Ord. No. 3-96]
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.
[Ord. No. 3-96]
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.
[Ord. 4/10/62, § 1]
The Borough Council shall refer all applications for licenses
to the Police Committee, which shall investigate the character and
fitness of the applicant and the place for which a license is applied.
The Committee shall report to the Borough Council its findings and
recommendations.
[Ord. No. 3-96]
All licenses required by this chapter shall be issued by the
Borough Council, which shall also administer the provisions of this
chapter.
[Ord. No. 3-96]
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. 4/10/62, § 3; Ord. 5/26/64, § 3; Ord. 5/14/74, § 1; Ord. #4-93, § 1;
Ord. #4-93, § 1; Ord. #4-96]
The license to be issued in the Borough of South Bound Brook
pursuant to the provisions of this chapter and the fees for such licenses,
which shall be paid in advance upon presentation of the application
for a license, are as follows:
|
Class of License
|
Annual License Fee
|
Number of Licenses
|
|---|---|---|
|
Plenary Retail Consumption License
|
$864.00 (7/1/96 to 6/30/97)
$1,014.00 (7/1/97 to 6/30/98)
$1,164.00 (7/1/98 to 6/30/99)
|
3
|
|
$1,314.00 (7/1/99 to 6/30/00)
| ||
|
$1,464.00 (7/1/00 to 6/30/01)
| ||
|
$1,614.00 (7/1/01 to 6/30/02)
| ||
|
$1,764.00 (7/1/02 to 6/30/03)
| ||
|
$1,914.00 (7/1/03 to 6/30/04)
| ||
|
$2,000.00 (7/1/04 and thereafter unless and until amended by
ordinance by South Bound Brook Borough)
| ||
|
Plenary Retail Distribution License
|
$604.00 (7/1/96 to 6/30/97)
$724.00 (7/1/97 to 6/30/98)
$868.00 (7/1/98 to 6/30/99)
|
1
|
|
$1,018.00 (7/1/99 to 6/30/00)
| ||
|
$1,168.00 (7/1/00 to 6/30/01)
| ||
|
$1,318.00 (7/1/01 to 6/30/02)
| ||
|
$1,468.00 (7/1/02 to 6/30/03)
| ||
|
$1,618.00 (7/1/03 to 6/30/04)
| ||
|
$1,768.00 (7/1/04 to 6/30/05)
| ||
|
$1,918.00 (7/1/05 to 6/30/06)
| ||
|
$2,000.00 (7/1/06 thereafter unless and until amended by ordinance
by South Bound Brook Borough)
| ||
|
Club License
|
$150.00
|
0
|
[Ord. 4/10/62, § 3;
Ord. #4-93, § 1; Ord. #4-96]
The respective fees for any such license shall be prorated according
to the effective date of such license, and based upon the respective
annual or term fees herein provided.
[Ord. No. 3-96]
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.
[Ord. No. 3-96]
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. 4/10/62, § 3]
Not more than one license shall be issued to any person, and
the operation and effect of every such license shall be confined to
permit the carrying on of the business licensed only in the premises
designated in the license.
[Ord. 4/10/62, § 4]
No Seasonal Retail Consumption License or Limited Retail Distribution
License shall be granted in the Borough.
[Ord. 4/10/62, § 5; Ord. No. 2012-11]
No alcoholic beverage shall be sold, served, delivered, or consumed
in any licensed premises between the hours of 2:00 a.m. and 7:00 a.m.
Monday through Saturday with the exception of retail sale of spirituous
liquors in their original containers which may not be sold before
9:00 a.m. or after 10:00 p.m. Monday through Saturday.
[Ord. 4/10/62, § 6; Ord. No. 2012-11]
No alcoholic beverage shall be sold, served, delivered, or consumed
in any licensed premises between the hours of 2:00 a.m. and 10:00
a.m. on Sundays. Spirituous liquors in their original containers may
not be sold before 10:00 a.m. or after 10:00 p.m. on Sundays.
[Ord. 4/10/62, § 6; Ord. No. 2012-11]
[Ord. 4/10/62, § 6; Ord. No. 2012-11]
Provisions of subsection 6-4.1 and 6-4.2 shall not apply on January 1st. On that day alcoholic beverages shall not be sold, served, delivered, or consumed in any licensed premises between the hours of 5:00 a.m. and 7:00 a.m. However spirituous liquors in their original containers may not be sold before 9:00 a.m. or after 10:00 p.m. provided January 1st falls on a Monday-Saturday or before 10:00 a.m. or after 10:00 p.m. provided January 1st falls on a Sunday.
[Ord. 4/10/62, § 6]
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 persons under the legal age, prostitute, gangster,
racketeer, notorious criminal or other person of ill repute, 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.
[Ord. 4/10/62, § 6]
No licensee shall directly or indirectly solicit from house
to house personally or by telephone the purchase of alcoholic beverages
nor allow or permit such solicitation.
[Ord. 4/10/62, § 6]
No licensee shall allow or permit in or upon the licensed premises
any lewdness, immoral activity, or foul, filthy or obscene language
or conduct, or any brawl, act of violence, disturbance or unnecessary
noise; nor shall any licensee allow or permit the licensed place of
business to be conducted in such manner as to become a nuisance.
[Ord. 4/10/62, § 6]
No licensee shall possess, allow, permit or suffer on or about
the licensed premises any slot machine or device in the nature of
a slot machine which may be used for the purpose of playing for money
or other valuable thing.
[Ord. 4/10/62, § 7]
No license shall be issued contrary to any zoning ordinance
of the Borough now existing or hereafter to be enacted.
[Ord. No. 3-96]
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.
[Ord. No. 3-96]
No licensee shall sell or deliver, or allow, permit or suffer
the sale or delivery of any alcoholic beverage at retail in its original
container for consumption off the licensed premises, or allow, permit,
or suffer the removal of any alcoholic beverage in its original or
opened container from retail licensed premises, on Sunday or before
9:00 a.m. or after 10:00 p.m. on any other day of the week.
[Ord. No. 3-96]
No licensee shall sell, serve, deliver or allow, permit or suffer
the sales, service or delivery of any alcoholic beverages to any person
under the legal age to purchase alcoholic beverages.
[Ord. No. 3-96]
No licensee shall allow the consumption of any alcoholic beverages
on the licensed premises by any person under the legal age to purchase
alcoholic beverages.
[Ord. No. 3-96]
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.
[Ord. No. 3-96]
No person under the legal age for purchasing alcoholic beverages
shall 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 beverages.
[Ord. No. 3-96]
No person under the legal age for purchasing alcoholic beverages
shall consume any alcoholic beverages on premises licensed for the
retail sale of alcoholic beverages, or purchase, attempt to purchase
or have another purchase for him any alcoholic beverages.
[N.J.S.A. 33:1-81]
No person shall 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 $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.
