Borough of Milltown, NJ
Middlesex County
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Table of Contents
Table of Contents
Editor's Note: Laws concerning alcoholic beverage control are contained in Title 33 of the New Jersey Statutes. All ordinances must be in conformity with these provisions and approved by the Director of Alcoholic Beverage Control, N.J.S.A. 33:1-40. State law prescribes the types of licenses that may be issued, their number, permissible license fees and the regulation of licensed premises, N.J.S.A. 33:1-40.
[1984 Code § 6-1]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Milltown in accordance with the provision 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 Director of the Division of Alcoholic Beverage Control.
[1984 Code § 39-21]
For the purpose of this chapter, the 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. As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGES
Shall mean any fluid or solid capable of being converted into a fluid suitable for human consumption and having an alcoholic content of more than 1/2% by volume, including beer, ale, still and sparkling wines, distilled liquors, blended liquors, fermented fruit juices or any brewed, fermented or distilled liquors fit for use for human consumption or any mixture of the same.
For purposes of this chapter, it shall be presumed that any container labeled as containing an alcoholic beverage contains said beverage with the amount of alcohol, by volume, marked on the label, without the necessity of chemically analyzing the contents.
[1984 Code § 39-2]
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.
[1984 Code § 39-3]
All licenses required by this chapter shall be issued by the Borough Council, which shall also administer the provisions of this chapter.
[1984 Code § 39-4; Ord. No. 08-1283]
No person shall sell or distribute alcoholic beverages within the Borough 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.
[1984 Code §§ 39-8, 39-9; Ord. No. 939 § 1; Ord. No. 1015; Ord. No. 10-1307]
The classes and maximum number of licenses to be issued by the Borough Council are hereby fixed as follows and the annual fees of licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows:
Class of License
Annual License Fees
Number of Licenses
Plenary retail consumption license
$750
3
Plenary retail distribution licenses
750
3
Club licenses
75
1-day Permit
25
These limitations shall not prevent the issuance of renewals of plenary retail consumption licenses or plenary retail distribution licenses or club licenses to persons holding such licenses at the time this regulation is adopted, and these limitations shall not prevent the transfer of licenses or renewals thereof according to law.
[1]
Editor's Note: For State law authorizing the Borough to restrict number of licenses to sell alcoholic beverages at retail, see N.J.S.A. 33:1-40.
[1984 Code § 39-8]
a. 
The fee for a plenary retail consumption license shall be as designated by ordinance of the Borough Council, and the holder of such license shall be entitled, subject to rules and regulations, to sell for consumption on the licensed premises any alcoholic beverages by the glass or other open receptacles and also to sell all alcoholic beverages in original containers for consumption off the licensed premises.
b. 
The fee for a plenary retail distribution license shall be as designated by ordinance of the Borough Council and the holder of such license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages for consumption off the licensed premises, but only in original containers.
c. 
The fee for a club license shall be as designated by ordinance of the Borough Council, and the holder of such license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages for consumption on the licensed premises only.
[1984 Code § 39-10A; Ord. No. 867 § 1; Ord. No. 04-1186 § I; Ord. No. 08-1265]
No alcoholic beverages shall be sold, served or delivered to or consumed in any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m. except New Year's Day each year as hereinafter provided.
[1984 Code § 39-10B; Ord. No. 867 § 1; Ord. No. 04-1186 § I; Ord. No. 08-1265]
The provision of subsection 6-4.1 shall not apply on January 1. On that day, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 4:00 a.m. and 7:00 a.m.
[1984 Code § 39-10B; Ord. No. 867 § 1; Ord. No. 04-1186 § I; Ord. No. 08-1265]
a. 
Plenary Retail Consumption Licenses. The provisions of subsection 6-4.1 shall not apply on the first day of the week, commonly known as "Sunday," to plenary retail consumption licenses. On that day, no alcoholic beverages may be sold, served or delivered to or consumed in any licensed premises between the hours of 2:00 a.m. and 1:00 p.m., except that, when New Year's Eve falls on a Sunday, alcoholic beverages may be sold, served or consumed in the licensed premises from 1:00 p.m. and continuing until 4:00 a.m. on New Year's Day.
b. 
Plenary Retail Distribution Licenses. The provisions of subsection 6-4.1 shall not apply on the first day of the week, commonly known as "Sunday," to plenary retail distribution licenses. On that day, no alcoholic beverages may be sold, served or delivered to or consumed in any licensed premises between the hours of 2:00 a.m. and 12:00 p.m. (noon), except that, when New Year's Eve falls on a Sunday, alcoholic beverages may be sold, served or consumed in the licensed premises from 12:00 p.m. (noon) and continuing until 4:00 a.m. on New Year's Day.
[1982 Code § 6-3.4]
The holder of a plenary retail consumption license shall be entitled, subject to rules and regulations, to sell for consumption on the licensed premises any alcoholic beverages by the glass or other open receptacle, and also to sell all alcoholic beverages in original containers for consumption off the licensed premises. Such license shall not permit the sale of alcoholic beverages in or upon any premises in which a grocery, delicatessen, department store, cigar and tobacco store, drug store or other mercantile business is carried on, except the sale of cigars and cigarettes, at retail, as an accommodation to patrons or the retail sale of nonalcoholic beverages as accessory beverages to alcoholic beverages.
[1982 Code § 6-3.5]
The holder of a plenary retail distribution license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages for consumption off the licensed premises, but only in original containers, provided that such license shall not permit the sale of alcoholic beverages in or upon any premises in which any other mercantile business is carried on, except the sale of cigars, cigarettes and potato chips.
[1984 Code § 39-13]
The holder of a club license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages, but only for immediate consumption on the licensed premises by any of the above-named persons.
[1984 Code § 39-13]
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. No. 736 § 1;Ord. No. 08-1283]
During the hours when sales are prohibited, the entire licensed premises shall be closed, the only person to be permitted therein being the owner and/or his employees, and then only for the purpose of cleaning up, getting the premises ready for the commencement of business on the following day and shutting down for the night, and only for an additional period of one hour. However, such requirement for the closing of the premises shall not apply to bona fide hotels or restaurants as defined in N.J.S.A. 33:1-1(t) and to clubs eligible for a club license under N.J.S.A. 33:1-12(5) and to other establishments where the principal business is other than the sale of alcoholic beverages.
[1984 Code § 39-5]
Proof of publication of notice of application for a license or the renewal or transfer of a license shall be furnished the Borough Clerk immediately after the second publication of the notice and shall be in the form prescribed by State rules and regulations.
[1984 Code § 39-6]
All written objections and petitions protesting against the issuance or transfer of any alcoholic beverage license shall be dated and signed after the first notice of the application has been published.
[1984 Code § 39-7]
All licenses shall be for a term of one year from the first day of July in each year, and all fees shall be paid in advance upon presentation of the application; provided, however, that any licensee who shall voluntarily surrender his license, and who shall not have committed any violation of this Article or of any rule or regulation, and who shall have paid all taxes, set-offs or counterclaims that may have become due to the State of New Jersey or the Borough of Milltown, shall be entitled, after dedication of 50% of the fees as a surrender fee, to the prorated fee for the unexpired term.
[1984 Code § 39-22]
Holders of all liquor licenses issued by the Borough of Milltown or by the State of New Jersey, with places of business in the Borough of Milltown, shall be required to post a sign, in a conspicuous place, advising patrons, customers or other persons legally on the premises of the existence of this section. Such sign shall be provided free of charge to each licensee by the Borough of Milltown, Department of Public Safety.
[1984 Code § 39-14]
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. 33:1-11 to 33:1-96 by service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing.
Any suspension or revocation shall carry the penalties and prohibitions provided in the Statutes referred to herein.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for violation of this chapter.
[Ord. No. 08-1283]
No licensee shall sell or serve alcoholic beverages to persons under the legal age.
[Ord. No. 08-1283]
No persons under the legal age shall purchase, accept or consume, or attempt to purchase, accept or consume, any alcoholic beverage in or upon any premises licensed to sell alcoholic beverages in the Borough of Milltown.
[Ord. No. 08-1283]
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 beverage.
[Ord. No. 08-1283]
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.
[1984 Code § 39-11; Ord. No. 535]
a. 
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 18 years of age or to permit a person under 18 years of age to remain on any premises where alcoholic beverages are sold or served for consumption on the premises.
b. 
Any parent or guardian who accompanies a 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.
[1984 Code § 39-12]
No person under the legal age shall possess, transport, deliver, serve, sell or consume any alcoholic beverage in any public place within the Borough of Milltown.
[Ord. No. 08-1283]
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, in accordance with N.J.S.A. 33:1-81, as amended, 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/she 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 alcoholic 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)