This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Sussex 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 R.S. 33:1-1, et seq., and in accordance with the rules and regulations of the State Director of Alcoholic Beverage Control.
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.
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.
All licenses required by this chapter shall be issued by the borough council, which shall also administer the provisions of this chapter.
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. 8/16/48, S1; Ord. 3/18/46, S1&2; Ord. 4/3/78; Ord. 10/3/77, S2; Ord. 11-92, S1]
The annual license fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the borough shall be as follows:
[Ord. 11/17/41, S4]
All licenses shall run from July 1 to June 30 following, except those issued during the fiscal year which shall run from the effective date thereof to June 30 following. License fees shall be prorated on a per diem basis, from the effective date of the license to June 30 following.
[Ord. 3/66; Ord. 7-90]
No alcoholic beverages shall be sold, delivered or served to or consumed in any licensed premises on any day between the hours of 2:00 a.m. and 9:00 a.m.
Editor's Note: Former subsection 6-4.2 previously codified herein and containing portions of Ordinance No. 3/66 was repealed in its entirety by Ordinance No. 7-90.
[Ord. 3/66; Ord. 7-90]
Any request for additional hours of sale, delivery, or service to or consumption on special days and holidays, other than as provided for in subsection 6-4.1, shall be upon application to the mayor and council at least 30 days prior to the requested date for extension of hours for service consumption or delivery.
A fee of $50 per request shall accompany the request to the mayor and council and the extended hours shall not be utilized unless and until approved by the mayor and council.
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.
No minor shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by his parent or guardian.
[Ord. 5/16/55, S1]
No person shall purchase or attempt to purchase alcoholic beverages for a minor. It shall be unlawful for any person to induce or attempt to induce any licensee or any employee of a licensee to sell, serve or deliver alcoholic beverages to a minor.
[Ord. 5/16/55, S2]
[Ord. 5/16/55, S3; New]
No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage to a person under 21 years of age or to permit a person under 21 years to remain on any premises in violation of subsection 6-5.1.
Any parent or guardian of a minor who accompanies such minor into a premises in which alcoholic beverages are served and who permits the minor to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of the minor.
No minor shall possess, serve, sell or consume any alcoholic beverages in any public place within the borough.
[Ord. No. 2016-17]
The consumption or possession of alcoholic beverages of any type on private property by a person who is under the legal age and without legal authority is prohibited.
The provisions of this subsection 6-5.7 shall not prohibit any underage person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony, or rite, or consuming or possessing 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. "Guardian" means a person who has qualified as a guardian pursuant to testamentary or court appointment. "Relative" means the underage person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.
The provisions of this subsection 6-5.7 as to underage possession of alcoholic beverages shall not apply to 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.
This subsection shall not be construed to preclude the imposition of a penalty under N.J.S.A. 33:1-81, or any other section of law, against a person who is convicted of unlawful alcoholic beverage activities on or at premises licensed for the sale of alcoholic beverages.
[Ord. No. 2016-17]
Any person who shall violate any provision of subsection 6-5.7 shall be subject to a fine of $250 for the first offense, and $350 for any subsequent offense. Upon conviction the court may, in addition to the fine, suspend or postpone for six months the driving privileges of the violator.
In the event a driver's license is suspended, the court shall forward a report to the New Jersey Motor Vehicle Commission (MVC) 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 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 MVC 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 gender of the person, as well as the first and last day of the license suspension period imposed by the court. The court shall also 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, that 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 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 subsection is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the MVC the required report. The court shall not collect the license of a non-resident convicted under this subsection. Pursuant to N.J.S.A. 40:48-1.2, upon receipt of a report by the court, the MVC shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
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 Director of Alcoholic Beverage Control.
Proceedings for suspension or revocation shall be in accordance with the provisions of R.S. 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.