[1982 Code § 6-1]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Victory Gardens in accordance
with the provisions of an Act of Legislature of the State of New Jersey
entitled "An Act Concerning Alcoholic Beverages" (Chapter 436 of the
Laws of 1933), its supplements and amendments, and also 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.
[1982 Code § 6-2]
For the purpose of this chapter, the words and phrases herein
shall have the same meaning as the N.J.S.A. 33:1-1, et seq., and the
Rules and Regulations of the Director of the Division of Alcoholic
Beverage Control.
[1982 Code § 6-3.1]
All applications for license, 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.
[1982 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.
[1982 Code § 6-3.3]
No person shall sell or distribute alcoholic beverages within the Borough of Victory Gardens without having obtained a license in accordance with the Act referred to in Section 6-1 and the provisions of this chapter, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
[1982 Code § 6-3.4; Ord. 11/27/85; Ord. 2/11/97 § 1;
6/24/03 § 1; New; Ord. 9/28/10]
The annual license fees of licenses for the sale and distribution
of alcoholic beverages in the Borough shall be as follows:
|
Class of License
|
For Year
|
Annual License Fees
|
Number of Licenses
|
|---|---|---|---|
|
Plenary Retail Consumption
|
July 1, 2011
|
$2,400
|
1
|
|
License
|
July 1, 2012
|
$2,500
|
1
|
|
Plenary Retail Distribution
|
July 1, 2011
|
$2,400
|
1
|
|
License
|
July 1, 2012
|
$2,500
|
1
|
a.
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.
b.
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 issuance of plenary retail consumption
licenses and plenary retail distribution licenses.
[New]
No license shall be issued except after written application
presented by the proposed licensee, upon forms provided by the Division
of Alcoholic Beverage Control, and after conformity with publication
of notice and otherwise, as required by the Act.
[New]
a.
All applications for licenses shall set forth, in full, answers to
questions prescribed by the aforesaid Act, and by the Rules and Regulations
of the Director of the Division of Alcoholic Beverage Control, and
shall include declarations called for by these provisions.
b.
Upon filing of an application, all license fees shall be paid in
full by cash or certified check to the order of the "Borough of Victory
Gardens, New Jersey" and deposited with the Municipal Clerk. The Municipal
Clerk shall turn all receipts over to the Chief Financial Officer.
c.
The Municipal Clerk is hereby designated as the proper person to
sign all the licenses in behalf of the Borough Council.
[1982 Code § 6-4.1; Ord. No. 11/27/85 § 6-4.5]
No licensee shall sell, serve or deliver or allow, or permit
the sale, service, or delivery of any alcoholic beverage or permit
the consumption of any alcoholic beverage on a licensed premises on
weekdays and Saturdays between 2:00 a.m. and 8:00 a.m. except Sundays
and New Year's Day each year as hereinafter provided.
[1982 Code § 6-4.2; Ord. 11/27/85 § 6-4.5]
Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 2:00 a.m. and 11:00 a.m. with the exception that beer and wine may be sold on Sunday.
[1982 Code § 6-4.3; Ord. 11/27/85 § 6-4.5]
Provisions of subsection 6-4.1 shall not apply on January 1. When New Year's Day falls on a weekday, no alcoholic beverages may be sold, served, delivered or consumed in the licensed premises between 3:00 a.m. and 11:00 a.m. When New Year's Day falls on a Sunday, no alcoholic beverages may be sold, served, delivered or consumed in the licensed premises between 3:00 a.m. and 12:00 noon.
[1982 Code §§ 6-4.5]
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 before 9:00 a.m. or
after 10:00 p.m. on weekdays and Saturday. On Sundays beer and wine
may be sold from 12:00 noon until 10:00 p.m.
[1982 Code § 6-4.4]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any intoxicated
person or minor, nor permit the consumption of alcoholic beverages
on any licensed premises by any of the above named classes of persons,
or permit any such persons to congregate in or about the licensed
premises.
[1982 Code § 6-4.4; Ord. 11/27/85 § 6-4.4]
During the hours in which the sale of alcoholic beverages are
prohibited, the entire licensed premises shall also be closed and
no person shall be admitted or permitted to remain therein except
the licensee and/or employees of the licensee. For the purposes of
this section, an employee is a person paid wages by the licensee and
who is listed on the official register of the licensed premises as
required by State Alcoholic Beverage Control Rules and Regulations
(N.J.A.C. 13:2-23.13).
[Ord. 11/27/85 § 6-4.1]
Licensed premises is defined for the purposes of this section
as the structure within which alcoholic beverages are sold, offered
for sale or distributed together with the parking and other adjacent
area to the structure, owned, used or controlled incident to the structure.
[Ord. 11/27/85 §§ 6-4.2,
6-4.3]
No licensee shall:
a.
Allow, permit or suffer, in or upon the licensed premises, any disturbances,
lewdness, immoral activities or brawls, or allow, permit or suffer
the licensed premises to be conducted in such a manner as to become
a nuisance.
b.
Permit, suffer or allow a musical instrument or musical machine or any entertainment to be operated or played or engaged in the licensed premises in a loud, raucous, and/or unnecessarily noisy manner which disturbs the public peace. All licensed premises shall comply with the provisions of subsection 3-11.1 of the Code.
c.
Suffer, allow or permit loitering, congregating or unlawful assembly
in and about the licensed premises.
d.
Open the licensed premises for business unless the licensee shall
have a current and valid certificate evidencing compliance with the
health, fire and building codes applicable to the Borough of Victory
Gardens.
e.
No license shall be issued to an applicant nor shall any license
be renewed to a current licensee unless and until the licensee shall
have a current and valid certificate evidencing complete compliance
with the health, building and fire codes applicable to the Borough
of Victory Gardens.
[1982 Code § 6-6]
a.
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.
b.
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 against
the licensee and affording a reasonable opportunity for a hearing
before the Borough Council.
c.
Suspension
or revocation of a license shall be in addition to any other penalty
which may be imposed for a violation of the provisions of this chapter.
[1982 Code § 6-5.1; New]
It shall be unlawful for a person under the legal age while
in any premises licensed for the sale of alcoholic beverages to purchase,
consume or have served or delivered to him or her any alcoholic beverages.
[1982 Code § 6-5.2]
No person under the legal age shall purchase, attempt to purchase
or have another purchase for him any alcoholic beverages on any premises
licensed for the sale of alcoholic beverages.
[1982 Code § 6-5.3]
No person shall purchase or attempt to purchase alcoholic beverages
for a person under the legal age. 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 person under the
legal age.
[1982 Code § 6-5.4; New]
It shall be unlawful for any person under the legal age to misrepresent
or misstate his or her age for the purpose of inducing any licensee
or any employee of any licensee or any person acting in behalf of
any licensee to sell, serve or deliver any alcoholic beverages to
him or her.
[1982 Code § 6-5.5; 1982 Code § 3-4.35]
No person under the legal age shall possess, serve, sell or
consume any alcoholic beverages in any public or private place or
in a motor vehicle within the Borough.
[1982 Code § 6-5.6]
When any Borough Law Enforcement Officer or Code Enforcement
Officer shall have reason to believe that a violation of this chapter
has taken place, any intoxicating liquor found in the possession of
any person under the legal age, or held by any person for the consumption
of a person under the legal age in violation of this chapter, may
be confiscated by such Officer and held as evidence. Upon the termination
of any proceeding instituted against the person or persons owning
or possessing such intoxicating liquors, the evidence shall be returned
to the owner or disposed of in such manner as the Judge of the Municipal
Court may determine, provided that in no case shall any intoxicating
liquor be returned to a minor.
[1982 Code § 6-5.7]
The parents or guardians of any person who has not attained
the age of 21 years, charged with a violation of any of the provisions
of this chapter shall be required to attend the hearing of the complaint.
For the purpose of compelling such attendance the Judge of the Municipal
Court is hereby authorized and directed to cause the parents or guardians
of the person under the legal age to attend the hearing by issuing
the appropriate subpoenas to compel such attendance.
It shall be unlawful for:
a.
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; or
b.
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, or,
c.
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.
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 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. (N.J.S.A. 33:1-81)
