[HISTORY: Adopted by the Township Committee of the Township
of Bordentown as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Ch. 5.12 of the 2003 Municipal Code; amended
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It is unlawful to sell or distribute alcoholic beverages within
the Township otherwise than by license and as provided in this article
and/or the Alcoholic Beverage Control Act, being New Jersey Laws of
1933, Chapter 436, as amended: N.J.S.A. 33:1-1 et seq. The Township
Committee shall constitute the authority for the administration of
the issuance of licenses hereunder.
The Township Committee shall administer issuance of those licenses for which authority is granted to it by statute, namely, plenary retail consumption licenses, plenary retail distribution licenses, and club licenses. Pursuant to such authority and regulations of the State Division of Alcoholic Beverage Control, the Township Committee shall investigate applicants and inspect premises sought to be licensed, conduct public hearings on applications and revocations, and enforce the provisions of this article so far as the same pertain to such licenses. Every person, firm or corporation applying for a license to sell or distribute alcoholic beverages under this article shall pay to the Township Clerk at the time of filing the application the fee set forth in Chapter 260, Fee Schedule,
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. No licensee shall allow, permit or suffer
the consumption of alcoholic beverages by any such person upon the
licensed premises.
Retail licensees may individually run advertisements in newspapers,
circulars, coupon packages, radio, television or any other media that
regularly promotes business to potential customers. The contents of
the advertising can be anything that is not prohibited or which would
cause a violation of law or regulations found in N.J.A.C. 13:2-24.10
in that advertisement cannot be false, misleading, deceptive or designed
to suggest that a special value can be obtained. Furthermore advertisements
cannot be lewd, obscene or suggest that use of any alcoholic beverage
will result in health or athletic benefits or improperly use religious
characters or symbols or portray minors or children.
No licensee shall knowingly allow, permit or suffer in or upon
the licensed premises any prostitute, pickpocket, swindler, confidence
man, or any notorious criminal, gangster, racketeer, or other person
of ill repute; nor shall any licensee knowingly allow, permit or suffer
the licensed premises to be accessible to any premises upon which
any illegal activity or enterprise is carried on, nor to be used in
furtherance or aid of, or accessible to, any such illegal activity
or enterprise, which activity or enterprise results in a conviction
in a criminal prosecution, including conviction in any prosecution
in any Municipal Court for violation of a municipal ordinance. No
licensee shall allow, permit or suffer in or upon the licensed premises
any lewdness, immoral activity, or foul, filthy or obscene language
or conduct, or any brawl, act of violence, disturbance or unnecessary
noise; nor shall any licensee allow, permit or suffer the licensed
place of business to be conducted in such a manner as to become a
nuisance.
No licensee shall allow, permit or suffer in or upon the licensed
premises, any lottery to be conducted, or any ticket or participation
right in any lottery to be sold or offered for sale; nor shall any
licensee possess, have custody of, or allow, permit or suffer any
such ticket or participation right, in or upon the licensed premises;
provided, however, that this rule shall not apply to any lottery conducted
pursuant to state law, nor to bingo, raffles, or tickets or participation
rights therein being conducted pursuant to appropriate license under
the Bingo Licensing Law (N.J.S.A. 5:8-24) or the Raffles Licensing
Law (N.J.S.A. 5:8-50); but in any such instance of bingo at licensed
premises, the licensee, during the period between the commencement
of the first and the conclusion of the last game, shall not sell,
serve or deliver or allow, permit or suffer the sale, service, delivery
or consumption of any alcoholic beverage in any room or outdoor area
where the bingo game or any part thereof is being conducted.
Gambling and gambling paraphernalia is not allowed on licensed
premises unless licensed under the State laws dealing with bingo,
raffles or lotteries. Games and activities, including video games,
are only permitted when such are for entertainment purposes only and
when outcomes depend on skill as opposed to chance unless specifically
approved by the Director of the Alcoholic Beverage Control.
No licensee or other person shall:
A.
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 things;
B.
Manufacture, sell, offer for sale,
possess, allow, permit or suffer on or about the licensed premises
any candy containing rum, cognac, brandy, cordial or other alcoholic
beverage, generally known as liquored candy;
C.
Deliver to customers unless the
customer purchased within the licensed premises or provided payment
at time of order and the delivery in a New Jersey Alcoholic Beverage
Control licensed vehicle and made within business hours;
D.
Receive, possess or sell any alcoholic
beverage transported into this state in violation of state regulations;
E.
Serve any person in any room or
place which is not open to the public generally, except that in hotels,
guests may be served in their rooms or in private dining rooms, and
further provided that this regulation shall not apply to licensed
clubs. All premises in which alcoholic beverages are sold or dispensed
excepting those which hold club licenses, and guest rooms and private
dining rooms in hotels, shall be so arranged that a full view of the
interior may be had from the public thoroughfare or from adjacent
rooms to which the public is freely admitted. All such premises shall
be lighted sufficiently so that a full view of the interior may be
had at all hours from the public thoroughfare or from adjacent rooms
to which the public is freely admitted;
F.
Allow any person under the age
of 21 years to frequent, loiter or remain in any room or rooms used
or devoted to the sale, service or consumption of alcoholic beverages
upon licensed premises, unless accompanied by a parent, guardian or
adult husband or wife of the minor, except that this provision shall
not apply to restaurants or to guest rooms and private and public
dining rooms in hotels;
G.
Allow any person under the age
of 21 years to sing, dance, perform, act, play in an orchestra, or
in any manner exhibit themselves in any performance or entertainment
held, given, offered or conducted on the licensed premises;
H.
Offer for sale or sell any illicit
beverage or import, own, possess, have custody of, keep or store in
the Township any alcoholic beverages or any implement or paraphernalia
for the sale, distribution or transportation of the beverages with
intent to use the equipment or beverages in the sale, distribution,
or transportation of alcoholic beverages in violation of the provisions
of this section or the Alcoholic Beverage Control Act.
Retail licensees of alcoholic beverages in original containers,
e.g., package goods stores, may operate between the hours of 9:00
a.m. and 10:00 p.m. Consumption licensees may only serve alcoholic
beverages between 10:00 a.m. and 2:00 a.m.
No person, individual, partnership, corporation or association
other than the licensee shall have any interest, direct or indirect,
in the license granted or the business to be conducted under the license,
without a full disclosure first having been made, either in the application
for the license, or within 10 days after the interest in the license
or in the business conducted under the said license shall have come
into being.
Any person who shall violate any of the provisions of this article or any person who shall knowingly aid or abet another in the violation of any provision of this article shall be subject to the penalty set forth in Chapter 1, Article II, General Penalty, of the Code of the Township of Bordentown. In addition, any license issued pursuant to this article may be suspended or revoked for violation of any of the provisions of the Alcoholic Beverage Control Act or of any of the rules and regulations promulgated or to be promulgated by the Director of Alcoholic Beverage Control of the State of New Jersey, in accordance with N.J.S.A. 33:1-1 et seq. Any attempt to evade the provisions of this article or any provision thereof either directly or indirectly by acquiescence of or collusion or of connivances by any licensee, the licensee's agent, servants and employees, shall be considered a violation of this article punishable by a fine, imprisonment or community service, or any combination thereof, as provided in Chapter 1, Article II, General Penalty, of the Code of the Township of Bordentown.
[Adopted as Ch. 9.04 of the 2003 Municipal Code]
A.
No person shall consume any liquor,
wine, beer or any other alcoholic beverage, or have access to or in
the person's possession, any open bottle, can, jar, or any other vessel
containing liquor, wine, beer or any alcoholic beverage:[1]
(1)
In a private conveyance while
such conveyance is in motion, stopped or parked in or on a public
street, lane, public parking lot or quasi-public parking lot;
(2)
In a private conveyance while
such conveyance is in motion, stopped or parked in or on private property
without having the express permission of the owner or any person authorized
to grant such permission.
[1]
Editor's Note: Original Sec. 9.04.010A and C of the 2003 Municipal Code, regarding consumption and possession of alcoholic beverages in public areas and on private property without consent of the property owner, which were previously included in this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
No person shall discard any bottle, can, jar or
other vessel used to contain liquor, wine, beer or any other alcoholic
beverage upon any public street, lane, sidewalk, public parking lot,
quasi-public place, or upon any private property not the person's
own, without the express permission of the owner or any person having
authority to grant such permission.
Any person of legal age who knowingly and without the express
written permission of the school board, its delegated authority, or
any school principal, brings or possesses any alcoholic beverages
on any property used for school purposes which is owned by any school
or school board, is guilty of a disorderly persons offense.
A.
Anyone,
either above or below the legal age, who purposely or knowingly offers
or who serves or makes available an alcoholic beverage to a person
or persons under the legal age for consuming alcoholic beverages,
or entices that person to drink an alcoholic beverage, or who makes
available the person's residence or property as a place for an underage
person or persons to consume alcohol, is a disorderly person.
(1)
This
section shall not apply to a parent or guardian, or to a first cousin
or closer relative by blood, marriage, or adoption of the person under
legal age for consuming alcoholic beverages, if the parent, guardian
or relative is of the legal age to consume alcoholic beverages and
is present while the underage relative consumes same, or to a religious
observance, ceremony or rite.
(2)
This
section shall also not apply to any person in the person's home who
is of legal age to consume alcoholic beverages who offers or serves
or makes available an alcoholic beverage to a person under the legal
age for consuming alcoholic beverages or entices that person to drink
an alcoholic beverage in the presence and with the permission and
approval of the guardian or first cousin or closer relative by blood,
marriage or adoption of the person under the legal age for consuming
alcoholic beverages if the guardian or relative is of a legal age
to consume alcoholic beverages.
B.
The foregoing
two exceptions apply only between the underage relative and the legal
age relative as hereinbefore described, and shall not apply to any
other underage person or persons who may be present.
Any person who or which suffers, aids, abets or permits any person to violate any provision of § 174-12 shall also be deemed in violation of that section.
