[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall consume or possess alcoholic beverages on any of the streets, highways, alleys, parks or public places in the City.
[HISTORY: Adopted by the Common Council of the City of Beverly as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. V, Sec. 5-11, of the 1989 Revised General Ordinances]
[Adopted as Ch. VII of the 1989 Revised General Ordinances]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the City of Beverly in accordance with the provisions of an act of the legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages," comprising Chapter 436 of the Laws of 1933, its supplement 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 Alcoholic Beverage Control.
As used in this article, words and phrases shall have the same meanings they have in N.J.S.A. 33:1-1 et. seq., and in the rules and regulations of the Director of the Division of Alcoholics Beverage Control.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The class of license and annual license fees for the sale and distribution of alcoholic beverages in the City shall be as follows:
A.
Plenary retail consumption license. The fee for a plenary retail consumption license shall be as set forth in Chapter 260, Fee Schedule, of this Code.
B.
Plenary retail distribution license. The fee for a plenary retail distribution license shall be as set forth in Chapter 260 of this Code.
D.
Other licenses prohibited. No season retail consumption license or limited retail distribution license shall be issued within the City of Beverly.
A.
Prohibited hours. Except as provided in Subsection A(5) and (6), no alcoholic beverages shall be served, sold, consumed in or delivered to a licensed premises during the following hours:
[Amended 2-23-1999 by Ord. No. 1999-1]
(1)
Saturdays: 2:00 a.m. to 7:00 a.m.
(2)
Sundays: 2:00 a.m. to 12:00 noon.
(3)
Mondays: 12:00 midnight to 7:00 a.m.
(4)
Tuesdays, Wednesdays, Thursdays and Fridays: 1:00 a.m. to 7:00 a.m.
(5)
When Christmas Eve or New Years Eve falls on a Sunday: 2:00 a.m. to 9:00 a.m.
(6)
New Years Day, except when it falls on a Sunday: 3:00 a.m. to 7:00 a.m.
(7)
When New Years Day falls on a Sunday: 3:00 a.m. to 9:00 a.m.
B.
Minors.
(1)
Presence. No person under the legal drinking age shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by his/her parent or guardian.
(2)
Purchase of alcoholic beverages by a minor. No person under the legal drinking age shall purchase, attempt to purchase or have another purchase for him/her any alcoholic beverage from any premises licensed for the sale of alcoholic beverages.
(3)
Purchase of alcoholic beverages for a minor. No person shall purchase or attempt to purchase alcoholic beverages for a person under the legal drinking age. It shall be unlawful for any person to induce or attempt to induce any licensee or an employee of a licensee to sell, serve or deliver alcoholic beverages to a person under the legal drinking age.
(4)
Misstating age. No person shall misrepresent his/her age or the age of another person for the purpose of inducing any licensee or his/her employee to sell, serve or deliver any alcoholic beverage to a person under the legal drinking age, or to permit a person under the legal drinking age to remain on any premises in violation of Subsection B(1) above.
(5)
Presumption. Any parent or guardian of a minor who accompanies such 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.
(6)
Possession. No person under the legal drinking age shall possess, serve, sell or consume any alcoholic beverage in any public place within the City.
C.
Display of license. Each licensee shall display the license certificate issued under this article in the licensed premises in such a manner and place that it can be seen by anyone entering the licensed place of business. The license certificate shall be framed and under glass.
D.
Disturbances and nuisances. No licensee shall permit any brawl, act of violence, disturbance or unnecessary noise in any licensed premises. No licensee shall permit the licensed premises to be conducted in such a manner as to become a nuisance.
E.
Closing during prohibited hours. During the hours when the sale or service of alcoholic beverages is prohibited, the entire licensed premises shall be closed. This subsection shall not apply to premises where a restaurant, hotel, motel, bowling alley or similar business is conducted. The foregoing places may remain open during the prohibited hours in order to carry on normal business activities, except the sale or service of alcoholic beverages. If the premises remains open, however, the bar or any other place upon the licensed premises from which the sale or service of alcoholic beverages is made shall be closed.
A.
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article or any provision of any applicable statute or any of the rules or regulations of the 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 preferred against the licensee and affording a reasonable opportunity for hearing.
C.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.