[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-28-1974 by Ord. No. 628 (Ch. 4 of the 1966 Code)]
[Amended 3-15-2005 by Ord. No. 1279]
No more than six plenary retail consumption
licenses and not more than two plenary retail distribution licenses
shall be issued and outstanding at the same time in the Borough of
Emerson.
A.
No plenary retail consumption licensee shall sell,
serve or deliver or allow, permit or suffer the sale, service or delivery
of any alcoholic beverages, or permit consumption of alcoholic beverages
upon the licensed premises on a New Year's Day, when a weekday, between
the hours of 5:00 a.m. and 7:00 a.m.; on January 2, when New Year's
Day falls on a Sunday, between the hours of 5:00 a.m. and 7:00 a.m.;
on Sundays, between the hours of 3:00 a.m. and noon; and on other
weekdays, between the hours of 3:00 a.m. and 7:00 a.m. In those years
when Christmas Day and New Year's Day fall on a Monday, the closing
hours shall be between 5:00 a.m. and 7:00 a.m. on December 24 and
December 31.
[Amended 12-19-1989 by Ord. No. 964]
B.
During the hours when sales are hereinabove prohibited,
the entire licensed premises shall also be closed, but this closing
of premises requirement shall not apply to bona fide hotels or to
restaurants, as defined in N.J.S.A. 33:1-1t.
C.
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 age of 21 years or to any person
actually or apparently intoxicated or allow, permit or suffer the
consumption of alcoholic beverages by any such person upon the licensed
premises.
D.
No licensee shall allow, permit or suffer in or upon
the licensed premises any known criminals, gangsters, racketeers,
pickpockets, swindlers, confidence men, prostitutes, female impersonators
or other persons of ill repute, nor shall any licensee allow, permit
or suffer the licensed premises or the licensed business to be used
in furtherance or aid of, or in connection with, any illegal activity
or enterprise.
E.
No licensee shall allow, permit or suffer in or upon
the licensed premises any disturbances, lewdness, immoral activities,
brawls or unnecessary noises or allow, permit or suffer the licensed
place or business to be conducted in such manner as to become a nuisance.
F.
No licensee shall allow, permit or suffer any lottery
to be conducted, or any ticket or participation right in any lottery
to be sold or offered for sale, on or about the licensed premises.
This rule shall not apply to bingo, raffles or New Jersey State Lottery,
or tickets or participation rights therein, being conducted pursuant
to appropriate license under the Bingo Licensing Law (N.J.S.A. 5:8-24
et seq.), Raffles Licensing Law (N.J.S.A. 5:8-50 et seq.), State Lottery
Law (N.J.S.A. 5:9-11 et seq.) or other activity authorized by state
law. However, in any instance of bingo at licensed premises, no licensee,
during the period between the commencement of the first and the conclusion
of the last game, shall sell, serve, or deliver or allow, permit or
suffer the sale, service, delivery or consumption of any alcoholic
beverage in or upon any part of the licensed premises where the bingo
or any part thereof is being conducted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
No licensee shall engage in or allow, permit or suffer
any pool-selling, bookmaking or any playing for money at faro, roulette,
rouge et noir or any unlawful game or gambling of any kind, or any
device or apparatus designed for any such purpose or any machine or
device commonly known as a "pinball machine," on or about the licensed
premises.
H.
No licensee shall possess, allow, permit or suffer
on or about the licensed premises any slot machine or device in the
nature of a slot machine which may be used for the purpose of playing
for money or other valuable thing.
I.
No retail distribution licensee shall permit any alcoholic
beverages sold by him to be consumed on the licensed premises, nor
shall he permit their containers to be opened on the licensed premises.
J.
No licensee shall allow, permit or suffer on or about
the licensed premises, or have in his possession or distribute or
cause to be distributed, any matter containing any obscene, indecent,
filthy, lewd, lascivious or disgusting printing, writing, picture
or other such representation.
K.
No licensee shall allow, permit or suffer himself
or any other person to work in any capacity on the licensed premises
while actually or apparently intoxicated.
L.
The licensed premises shall be so maintained and conducted
that a view of the interior may always be had from the exterior thereof.
[Added 8-12-1975 by Ord. No. 646; amended 7-21-1992 by Ord. No. 1003; 5-15-2001 by Ord. No. 1173]
A.
No person shall consume any alcoholic beverages within
the limits of the Borough of Emerson, nor have in their possession
any opened alcoholic beverage container with any unconsumed alcoholic
beverage therein, while:
(1)
In or on a public street, lane, roadway, avenue, sidewalk,
public parking place, park, playground, recreation area, school building
or grounds or any other quasi-public place, not including any Borough
building other than school buildings, library or recreation facilities
aforesaid or in any other public conveyance.
(2)
In a private motor vehicle while the same is in motion
or parked in any public street, lane or public parking lot or other
public or quasi-public place.
(3)
Upon any private property not his own without the
express permission of the owner or other person having authority to
grant such permission.
B.
Any person under the legal age to purchase alcoholic
beverages who knowingly possesses, is under the influence, or is determined
to have consumed any alcoholic beverages on private property, any
school property, public conveyance, public place or place of public
assembly shall be in violation of this article. Upon conviction, such
underage person shall be subjected to a fine of $250 for a first offense
and $350 for any subsequent offense; perform community service for
a period not to exceed 90 days; at the discretion of the court, have
his or her New Jersey driving privilege suspended or postponed for
six months; and, if considered necessary by the court, be referred
to an alcoholic treatment program at the defendant’s expense.
[Amended 7-22-2008 by Ord. No. 1347; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
C.
This article shall not apply to persons under the
legal age to purchase alcoholic beverages who possess or consume alcoholic
beverages in the presence of and with the permission of the parent
or legal guardian of such person, provided that said legal guardian
is of the legal age to purchase alcoholic beverages, or if the alcoholic
beverage is being consumed in any religious observance, ceremony or
rite. The article shall not apply to possession of an alcoholic beverage
by an underage person employed by an alcoholic beverage licensee in
the course of performing employment duties.
D.
Notwithstanding anything hereinabove contained to
the contrary, the Mayor and Council of the Borough of Emerson, or
any legally constituted municipal agency of the Borough, may issue
a permit for the possession or consumption of alcoholic beverages
in any designated park or other public place under its jurisdiction
at the designated time or times in connection with a special event,
which shall have been authorized by the Mayor and Council or other
legally constituted municipal body or agency having the authority
to issue such permits. This shall include permits for block parties
which shall be requested at least 10 days in advance of the planned
block party by a group from the Chief of Police who shall not unreasonably
refuse to issue said permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
An underage person and one or two other persons acting in concert with the underage person shall be immune from prosecution under the provisions of § 106-4B prohibiting any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property if:
(1)
One
of the underage persons called 9-1-1 and reported that another underage
person was in need of medical assistance due to alcohol consumption;
(2)
The
underage person who called 9-1-1 and, if applicable, one or two other
persons acting in concert with the underage person who called 9-1-1
provided each of their names to the 9-1-1 operator;
(3)
The
underage person was the first person to make the 9-1-1 report; and
(4)
The
underage person and, if applicable, one or two other persons acting
in concert with the underage person who made the 9-1-1 call remained
on the scene with the person under the legal age in need of medical
assistance until assistance arrived and cooperated with medical assistance
and law enforcement personnel on the scene.
[Amended 7-21-1992 by Ord. No. 1003; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person violating any provisions of this
article shall be subject to a fine not exceeding $250 and/or to imprisonment
of not more than 90 days and/or community service of not more than
90 days or, if considered necessary, reference to an alcohol treatment
program at the defendant's expense.
All alcoholic beverage ordinances or regulations
heretofore adopted in the Borough of Emerson are hereby repealed,
and all ordinances inconsistent with this article are hereby repealed.
[Adopted 7-17-1979 by Ord. No. 719]
There shall be prohibited within the Borough
of Emerson the sale of any naturally fermented wine, treated wine,
blended wine, fortified wine and sparkling wine for consumption off
the licensed premises by any licensee described in N.J.S.A. 33:1-12,
Subsection 3b, and no limited retail distribution license shall be
issued therefor.
