[Ord. #140, § 4-1; New]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Spring Lake Heights in accordance with the provisions of an act of 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.S.A. 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 meaning 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.
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 Mayor and 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. #2-1966, § 4-9; Ord. #5-1970; Ord. #2-1973; Ord. #3-1985, § 1; Ord. #1-1986, § 1; Ord. #7-1987, § 1; Ord. #7-1988, § 1; Ord. #3-1989, § 1; Ord. #6-1990, § 1; Ord. No. 27-2010]
The annual fees of licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows:
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. The license fees shall be payable in accordance with the revised statutes of New Jersey and rules and regulations promulgated by the Commissioner of Alcoholic Beverage Control.
[Ord. #2-1966, § 4-10; Ord. #4-1968]
No licensee shall sell, serve, deliver, or allow, permit or suffer the sale, service or delivery of any alcoholic beverages on licensed premises on weekdays between the hours of 1:30 a.m. and 7:00 a.m. No licensee shall allow, permit or suffer any consumption of alcoholic beverages on the licensed premises on weekdays between the hours of 2:00 a.m. and 7:00 a.m.
[Ord. #2-1966, § 4-10; Ord. #4-1968; Ord. #3-1981, § 1; Ord. #5-1981, §§ 1, 2; New; Ord. #5-1991, § 1]
The provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no licensee shall sell, serve, deliver, or allow, permit or suffer the sale, service or delivery of any alcoholic beverages on licensed premises between the hours of 1:30 a.m. and 10:00 a.m. No licensee shall allow, permit or suffer any consumption of alcoholic beverages on the licensed premises on Sundays between the hours of 2:00 a.m. and 10:00 a.m.
Between the hours of 10:00 a.m. and 8:00 p.m. on Sundays, licensees shall be permitted to sell for off-premises consumption distilled alcoholic spirits in their original containers.
[Ord. #2-1966, § 4-10; Ord. #4-1968; New]
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 7:00 a.m. when it falls on a weekday. When January 1 falls on a Sunday, no alcoholic beverages may be sold, served, delivered or consumed between the hours of 5:00 a.m. and 12:00 noon.
[Ord. #2-1966, § 4-2; Ord. #8-1973; New]
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or person under the legal age, or permit the consumption of alcoholic beverages on any licensed premises by any of the above-named persons.
[Ord. #2-1966, § 4-10B; Ord. #4-1968; New]
During the hours that the sale of alcoholic beverages are prohibited, the entire licensed premises shall be closed and no person shall be admitted or permitted to remain thereon except the licensee or bona fide employees of the licensee.
[Ord. #2-1966, § 4-2; Ord. #8-1973; New]
No licensee shall sell, serve, deliver or allow, permit or suffer the service or delivery of any alcoholic beverage, directly or indirectly, to any person under the legal age.
[Ord. #2-1966, § 4-17; New]
It shall be unlawful for a person under the legal age 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.
[Ord. #2-1966, § 4-18; New]
It shall be unlawful for a person under the legal age 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 or her any alcoholic beverage.
[Ord. #2-1966, § 4-19; New]
It shall be unlawful for a person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any retail licensee to sell, serve or deliver any alcoholic beverage to a person under the legal age.
[Ord. #12-1990, § 1]
It shall be unlawful for any person under the legal age to have in his or her possession any alcoholic beverage unless said possession was authorized or consented to by the parent or lawful guardian of said minor.
[New; Ord. #12-1990, § 2]
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 and in accordance with N.J.S.A. 33:1-81, P.L. 1985, c. 113, 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.
An outdoor bar shall not be used or operated by any licensee within 200 feet of any public street or of any residence as set forth in the Zoning regulations of the Borough, except as a service bar. A service bar shall not be used for the accommodation or service of any customer or patron and shall not have any stools or other seating arrangements around it. A service bar shall be used solely as a convenient place for waiters or waitresses from which to serve the patrons, and the hours of service shall be limited to those between 12:00 noon to 9:00 p.m. daily, including Sundays.
The doors or windows of any room or premises licensed for the retail sale of alcoholic beverages shall not be permitted to be open, and exhaust fans shall be baffled, during the time that any amplified music is played, or during the period of time when an orchestra or band is playing; nor shall amplified music be permitted on any portion adjoining the licensed premises or on the adjoining grounds or on the outside thereof.
Where an outdoor service bar is part of the licensed premises, the Mayor and Council may, under the provisions of Chapter 3 issue a special permit for the playing of outdoor amplified music, subject to the following provisions and limitations:
The licensee shall submit to Mayor and Council a written request for such permission.
The licensee shall submit therewith an area or site plan indicating the proposed location of the sound source, live band, all speakers and amplifiers and the size and type of same.
The period of time by hours, day, week and month shall be designated.
The sound level at all speakers and amplifiers shall be restricted by electronic means to a maximum decibel rating and same shall be certified by a qualified sound engineer.
The area where such music is to be played shall be bounded on all sides by buildings, fences, walls, earthen barriers or other acceptable means of containments, except for necessary passageways between same.
Any live band shall be comprised of no more than five playing members.
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.