[Ord. No. 2022-14, 10-25-2022[1]]
This chapter is adopted to effectively carry out the provisions, purposes and intent of the act of the Legislature entitled "An Act Concerning Alcoholic Beverages," being Chapter 436 of the Laws of 1933, its supplements and amendments (N.J.S.A. 33:1-1 to 33:1-96), as well as the general rules and regulations, special rulings and findings from time to time promulgated by the Director of the Division of Alcoholic Beverage Control.
[1]
Editor's Note: This ordinance also repealed former Ch. 5.08, Alcoholic Beverages, prior code §§ 4-1 to 4-7, as amended.
[Ord. No. 2022-14, 10-25-2022]
For the purpose of this chapter, the words and terms used herein shall be deemed to have the meanings accorded them by N.J.S.A. 33:1-1 to 33:1-96 and the rules and regulations from time to time promulgated by the Director of the Division of Alcoholic Beverage Control of the State of New Jersey.
[Ord. No. 2022-14, 10-25-2022]
A. 
Laws governing. All applications for licenses under this chapter and all licenses issued and proceedings held hereunder shall be subject to the aforesaid act and the rules and regulations of the State Director.
B. 
Issuance. The Mayor and Council of the Borough, being the governing body of the municipality, shall constitute the authority for the administration of the issuance of licenses under this chapter and shall forthwith report the issuance of all such licenses to the Director of the Division of Alcoholic Beverage Control.
C. 
Class of license — limitation. Annual license fees and number of licenses for the sale or distribution of alcoholic beverages in the Borough are established and fixed as follows.
Class of License
Annual License Fee
Number of Licenses
Plenary retail consumption license
$2,300
5
Plenary retail distribution license
$1,700
2
Hotel/motel license
$2,500
*
Notes:
*
Subject to the limitations pursuant to N.J.S.A. 33:1-1 et seq.
D. 
License term. The term of licenses issued under this chapter shall be for the period of July 1 of each year to June 30 of the year following, both inclusive.
[Ord. No. 2022-14, 10-25-2022]
A. 
Except as otherwise permitted herein, all hotels, motels, restaurants, taverns or stores engaged in the retail sale of alcoholic beverages for consumption either on or off the premises shall be permitted to engage in such sale except between the hours of 2:00 a.m. and 7:00 a.m.
B. 
On Sunday, sales are permitted except between the hours of 3:00 a.m. and 7:00 a.m.
C. 
On the first day of January, sales may be extended throughout the day except between the hours of 6:00 a.m. and 7:00 a.m.
[Ord. No. 2022-14, 10-25-2022]
A. 
Conduct of premises. No licensee shall allow, permit, or suffer in or upon the licensed premises any disturbance, lewdness, immoral activity, brawl, or unnecessary noise, or allow, permit, or suffer the licensed place of business to be conducted in such a manner as to become a nuisance.
B. 
Minors. It is unlawful for any person under the age of 21 years to enter any premises licensed for the sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her any alcoholic beverage; to purchase, consume, or attempt to purchase or have another purchase for him or her any alcoholic beverage on any premises licensed for the sale of alcoholic beverages; or to misrepresent or misstate his or her age for the purpose of inducing any retail licensee or employee of any retail licensee to serve, sell or deliver any alcoholic beverage to such minor.
[Ord. No. 2022-14, 10-25-2022]
A. 
A violation of this article shall be punishable as provided in Title 1, General Provisions, Chapter 1.08, General Penalty. In addition, any licensed establishment shall be subject to any and all penalties invoked in connection with the rules and regulations of the Alcoholic Beverage Control Division.
B. 
Any person, except an officer or other person authorized by and acting pursuant to instructions of the officer so doing in the course of and for the purpose of enforcing the act, who shall knowingly purchase, receive, or procure any illicit beverage shall be guilty of violating this chapter.
C. 
Any person who shall sell or distribute any alcoholic beverages or who shall own, possess, or keep in the Borough alcoholic beverages with intent to sell or distribute the same, or who shall aid or abet another in the sale or distribution of alcoholic beverages, without complying with the requirements of this chapter, shall be guilty of a violation of this chapter.
D. 
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter, or any of the provisions of the act or statutes heretofore mentioned, or of any of the regulations and rules prescribed by the Director of the Division of Alcoholic Beverage Control.
E. 
Proceedings for suspension or revocation shall be in accordance with the provisions of the act, by service of a five-day notice of charges preferred against the licensee, as provided in the act, and affording of a reasonable opportunity for a hearing, and such suspension or revocation shall carry the penalties and prohibitions provided for in the act.