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:
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)
