[1973 Code § 5-1]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Lakehurst in accordance with
the provisions 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 State Director of Alcoholic Beverage Control.
[1973 Code § 5-2]
For the purpose of this chapter, the words and phrases herein
shall have the same meaning as the N.J.S.A. 33:1-1, et seq., and the
Rules and Regulations of the Director of the Division of Alcoholic
Beverage Control.
[1973 Code § 5-3.1]
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.
[1973 Code § 5-3.2]
All licenses required by this chapter shall be issued by the
Borough Council, which shall also administer the provisions of this
chapter.
[1973 Code § 5-3.3]
No person shall sell or distribute alcoholic beverages within the Borough of Lakehurst 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.
[Ord. No. 69-2, §1; Ord. No. 69-4, § 1; Ord. No. 7/17/80; Ord.
No. 2/5/81; Ord. No. 5/5/83; Ord. No. 6/23/88; Ord. No. 89-09, § 1; Ord. No. 04-09; Ord. No. 08-08]
The annual license fees of licenses for the sale and distribution
of alcoholic beverages in the Borough shall be as follows:
|
Class of License
|
Annual License Fees
|
Number of Licenses
|
|---|---|---|
|
Plenary Retail Consumption License
|
$2,500.00
|
5
|
|
Plenary Retail Distribution License
|
$2,500.00
|
1
|
|
Club license
|
$150.00
|
2
|
a.
The provisions
of this subsection with respect to the limitation of the number of
licenses shall not apply to the renewal or transfer of licenses presently
issued.
[1973 Code §6-3.5]
No license shall be issued except after written application
presented by the proposed licensee, upon forms provided by the Division
of Alcoholic Beverage Control, and after conformity with publication
of notice and otherwise, as required by the Act.
[Ord. No. 09-11]
a.
All applications
for licenses shall set forth, in full, answers to questions prescribed
by the aforesaid Act, and by the Rules and Regulations of the Director
of the Division of Alcoholic Beverage Control, and shall include declarations
called for by these provisions.
b.
All license
fees shall be paid in full upon filing application, to the Municipal
Clerk in cash or by certified check to the order of the Borough of
Lakehurst, New Jersey, and all such receipts shall be turned over
by the Municipal Clerk when and as received, to the Borough Treasurer/CFO.
c.
The Municipal
Clerk is hereby designated as the proper person to sign all the licenses
on behalf of the Borough Council.
[1973 Code § 5-4.1; Ord. No. 09-11]
No licensee shall sell, serve or deliver or allow, or permit
the sale, service, or delivery of any alcoholic beverage or permit
the consumption of any alcoholic beverage on a licensed premises on
weekdays between 2:00 a.m. and 7:00 a.m. except Sundays and New Year's
Day each year as hereinafter provided.
[1973 Code § 5-4.2; Ord. No. 09-11]
Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 3:00 a.m. and 7:00 a.m.
[1973 Code § 5-4.3; Ord. No. 09-11]
Provisions of subsection 6-4.1 shall not apply on January 1. On that day alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises throughout the entire day.
[1973 Code § 5-4.4; Ord. No. 09-11]
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, nor permit the consumption of
alcoholic beverages on any licensed premises by any of the above-named
classes of persons, or permit any such persons to congregate in or
about the licensed premises or parking lots, driveways or other lands
on which the building or buildings are situate.
[1973 Code § 5-4.5; Ord. No. 09-11]
All lights on the exterior of licensed premises shall be extinguished
at 2:00 a.m. except lights on that portion of the premises used for
parking purposes and no person shall be admitted to the licensed premises
after the last-mentioned hour. No music of any kind shall be played
after 2:30 a.m. No such exterior lights may be relit or music resumed
until the hour above established, when sales of alcoholic beverages
may be resumed.
[1973 Code § 5-4.5; Ord. No. 09-11; 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.
[1973 Code § 5-5; Ord.
No. 09-11; New]
No licensee shall sell, serve or deliver or allow, permit or
suffer the sale, service or delivery of any alcoholic beverage to
any person under the age of twenty-one (21) years of age or allow,
permit or suffer the consumption of alcoholic beverages by any such
person upon the licensed premises.
[1973 Code § 5-6; Ord.
No. 09-11]
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of Sections 6-1 through 6-5 or any provision of any applicable statute or code or any rule, or regulation 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 (5) day
notice of charges against the licensee and affording a reasonable
opportunity for a hearing.
Suspension or revocation of the license shall be in addition
to any other penalty which may be imposed for a violation of the provisions
of this chapter.
[1]
Editor’s Note: Former Section 6-6.2 Schedule of Penalties
established by Ord. No. 09-11 was deleted with the adoption of this
Code.
[Ord. No. 09-11]
Unless otherwise stipulated, upon a subsequent conviction of
a violation of any provision of this chapter, any license held at
the time of the conviction pursuant to this chapter by the person
convicted or by the partnership of which he is a member, or by any
corporation of which he was a director or officer or shareholder owning
more than ten (10%) percent or more of the stock either at the time
of conviction or the violation resulting therein, shall suspend automatically
and without notice. The pendency of an appeal from the conviction
shall not affect the suspension which shall continue for the balance
of the term of the license unless the Director of the State Alcoholic
Beverage Control, in his discretion and for good cause shown, shall
otherwise order. Nothing herein contained shall bar proceedings pursuant
to this chapter to revoke or suspend any license.
Editor’s Note: Former Section 6-6.4 Fine
in Lieu of Suspension established by Ord. No. 09-11 was deleted with
the adoption of this Code.
[Ord. No. 09-11]
It shall be unlawful for a person under the legal age while
in any premises licensed for the sale of alcoholic beverages to purchase,
consume or have served or delivered to him or her any alcoholic beverages.
A minor may enter any licensed premises in the regular pursuit
of his business, trade, or occupation.
[Ord. No. 09-11]
It shall be unlawful for a person under the legal age to purchase,
attempt to purchase or have another purchase for him or her any alcoholic
beverages.
[Ord. No. 09-11]
It shall be unlawful for any person under the legal age to misrepresent
or misstate his or her age for the purpose of inducing any licensee
or any employee of any licensee or any person acting in behalf of
any licensee to sell, serve or deliver any alcoholic beverages to
him or her.
[Ord. No. 09-11]
No person shall invite or induce any person under the legal
age to be served with or have in his or her possession any alcoholic
beverage.
[N.J.S.A. 33:1-81; Ord.
No. 09-11]
It shall be unlawful for:
a.
A person
under the legal age for purchasing alcoholic beverages 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; or
b.
A person
under the legal age for purchasing alcoholic beverages 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 any alcoholic beverage, or,
c.
Any person
to enter any premises licensed for the retail sale of alcoholic beverages
for the purpose of purchasing, or to purchase alcoholic beverages,
for another person who does not because of his age have the right
to purchase and consume alcoholic beverages.
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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, shall be punished by a fine of not less than five hundred
($500.00) dollars. In addition, the Court shall suspend the person's
license to operate a motor vehicle for six (6) months or prohibit
the person from obtaining a license to operate a motor vehicle in
this State for six (6) months beginning 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.
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