This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Harvey Cedars 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 supplements and amendments, and also
comprising N.J.R.S. 33:1-1 et seq., and in accordance with the rules
and regulations of the State Director of Alcoholic Beverage Control.
For the purpose of this chapter, words and phrases herein shall
have the same meanings as in R.S. 33:1-1 et seq., and the rules and
regulations of the Director of the Division of Alcoholic Beverage
Control.
All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the act, rules and regulations referred to in § 5-1 and all other applicable laws of the State of New Jersey or the United States.
All licenses required by this chapter shall be issued by the
mayor and borough council, which shall also administer the provisions
of this chapter.
No person shall sell or distribute alcoholic beverages within the borough without obtaining a license in accordance with the act referred to in § 5-1 and the provisions of this chapter.
[Ord. No. 2004-03]
The annual fees and maximum number of licenses for the sale
or distribution of alcoholic beverages in the borough shall be as
follows:
|
Class of License
|
Annual License
|
Number of Licenses
|
|---|---|---|
|
Plenary Retail Consumption License
[Ord. No. 2007-02] |
$2,500
|
1
|
|
Plenary Retail Distribution License
[Ord. No. 2008-01] |
$2,150
|
1
|
|
Club License
[Ord. No. 2005-09] |
$188
|
1
|
Fees shall be due and payable to the Borough by June 10th of
every year.
The provisions of this subsection with respect to the limitation
on the number of licenses shall not apply to the renewal or transfer
of licenses presently issued.
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
hereinbefore provided.
Provisions of Subsection 5-4.1 shall not apply on January 1. On that day alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 4:00 a.m. and 7:00 a.m.
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any habitual drunkard,
intoxicated person or minor, nor permit the consumption of alcoholic
beverages on any licensed premises by any of the above-named classes
or persons, or permit any such persons to congregate in or about the
licensed premises.
No licensee shall sell or serve any alcoholic beverage to any
person under the age of 21 years, except as provided by State Statute.
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 of revocation shall be in accordance
with the provisions of R.S. 33:1-3 by service of a five-day notice
of charges preferred against the licensee and affording a reasonable
opportunity for hearing.
Suspension or revocation of a license shall be in addition to
any other penalty which may be imposed for a violation of this chapter.
