[HISTORY: Adopted by the Mayor and Council of the Borough of Shrewsbury 2-21-1961 by Ord. No. 174 (Ch. 14 of the 1973 Code). Amendments noted where applicable.]
[Amended 8-1-1961 by Ord. No. 185; 6-11-1970 by Ord. No. 292; 5-9-1972 by Ord. No. 328; 1-16-1978 by Ord. No. 413; 4-14-1986 by Ord. No. 539; 12-30-1991 by Ord. No. 635; 5-15-2006 by Ord. No. 871; 8-21-2006 by Ord. No. 879]
Transfer fees. The fee that must be paid to the Borough of Shrewsbury with a person-to-person transfer application is 10% of the annual license fee. The fee that must be paid to the Borough of Shrewsbury with a place-to-place transfer application is 10% of the annual license fee. If there is a combined person-to-person and place-to-place transfer application filed, it must be accompanied by a fee equal to 20% of the annual license fee. These fees are retained by the Borough of Shrewsbury whether or not the transfer is granted.
State fees. A fee of $200 payable by check or money order to the Division of Alcoholic Beverage Control must accompany each original application form forwarded from the municipality to the Division for a new license, renewal of a license, or transfer of a license. This fee will be retained by the state whether or not the transaction is approved.
Not more than three plenary retail consumption licenses and not more than one plenary retail distribution license shall be issued and outstanding in the Borough of Shrewsbury.
[Amended 5-15-1962 by Ord. No. 197; 12-8-1965 by Ord. No. 228; 2-8-1966 by Ord. No. 230; 9-14-1981 by Ord. No. 460; 12-11-1989 by Ord. No. 601; 10-20-2003 by Ord. No. 821; 5-2-2011 by Ord. No. 958]
No licensee shall sell or allow or permit or suffer the sale or delivery of any distilled spirits, at retail, in its original container, for consumption off the licensed premises or allow, permit or suffer the removal of any distilled spirits, in its original or opened container, from retail licensed premises before 10:00 a.m. or after 9:00 p.m. on Sunday, except if Christmas Eve or New Year’s Eve shall fall on a Sunday before 10:00 a.m. or after 10:00 p.m., or before 9:00 a.m. or after 10:00 p.m. on any other day of the week, except that the hours of sale for malt alcoholic beverages and wine in original bottle or can containers for consumption off the premises shall be the same as the hours of sale of alcoholic beverages for consumption on the premises, as set forth in Subsection B below.
No licensee shall sell or allow or permit or suffer the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on the licensed premises on Sundays between the hours of 2:00 a.m. and 10:00 a.m. and on any other day of the week between the hours of 2:00 a.m. and 7:00 a.m. During the hours that sales of alcoholic beverages are hereinabove prohibited, the entire licensed premises shall also be closed, and no person shall be permitted or admitted to remain therein except the licensee or a bona fide employee of the licensee; provided, however, that this closing provision shall not apply to bona fide hotels, restaurants or other establishments where the principal business or activity is other than the sale of alcoholic beverages.
[Amended 9-14-1981 by Ord. No. 460; 5-14-1984 by Ord. No. 500]
No plenary retail consumption license shall permit any person under the age of 21 years in a room on the licensed premises in which a bar is located, unless such person is accompanied by his or her parent or guardian.
No plenary retail consumption licensee shall allow, permit or suffer the service of any alcoholic beverage in any back room or side room which is not open to the use of the public generally, except that in hotels guests may be served in their rooms or in public or private dining rooms.
[Added 12-30-1991 by Ord. No. 635]
All persons under the legal drinking age found to be unlawfully in possession of alcoholic beverages in the Borough of Shrewsbury will be detained by police, their names and addresses recorded, their parents notified by police and released only to a parent or responsible adult over the age of 21.
A parent or guardian of any person 18 to 20 years of age charged with a violation of any of the provisions of this chapter shall be required to attend the hearing of the complaint. For the purpose of compelling such attendance, the Judge of the Municipal Court of the Borough of Shrewsbury is hereby authorized and directed to cause the parent or guardian of such person to attend the hearing by issuing appropriate subpoenas to compel such attendance. It shall be sufficient compliance with the provisions hereof if one of the parents or one of the guardians attends the hearing pursuant thereto.
Any person under 18 years of age charged with a violation of any of the provisions of this chapter must be accompanied by a parent or guardian upon his or her appearance in the Superior Court of New Jersey, Family Part.
No person under the age of 21 years shall purchase, sell, consume or possess any alcoholic beverage on any public or private street, highway, park, footway or other public or quasi-public place or in a private residence in the Borough of Shrewsbury, unless such consumption or possession is in connection with a religious observance, ceremony or rite or in the presence of and with the permission of a parent or guardian who has attained the legal age to purchase and consume alcoholic beverages. No person under the age of 21 years shall consume or have in his or her possession any alcoholic beverages while in a motor vehicle in any public place or quasi-public place in the Borough of Shrewsbury.
No person shall own, leave or manage real property or lease that property in the case of another person, with the knowledge that an alcoholic beverage is purposely or knowingly offered, served or made available to a person under the legal age for consuming alcoholic beverages, or entice, encourage or permit that person to drink an alcoholic beverage, unless:
The real property is licensed or required to be licensed by the Division of Alcoholic Beverage Control in accordance with the provisions of N.J.S.A. 33:1-1 et seq.;
The person making the property available, or leaving it in the care of another person, is of the legal age to consume alcoholic beverages and is the parent or guardian (or a first cousin or closer relative by blood, marriage or adoption) of the person who consumes alcoholic beverages; or
The alcoholic beverages are consumed by a person under the legal age for consuming alcoholic beverages during a religious observance, ceremony or rite.
[Added 7-16-2007 by Ord. No. 900]
Anyone who sells or provides any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages is a disorderly person; provided, however, that the establishment of all the following facts by a person making any such sale shall constitute a defense to any prosecution therefor:
That the purchaser falsely represented in writing, or by producing a driver's license bearing a photograph of the licensee, or by producing a photographic identification card issued pursuant to § 2 of P.L. 1980, c. 47 (N.J.S.A. 39:3-29.3), or a similar card issued pursuant to the laws of this state, another state or the federal government that he or she was of legal age to make the purchase;
That the appearance of the purchaser was such that an ordinary prudent person would believe him or her to be of legal age to make the purchase; and
That the sale was made in good faith relying upon such written representation, or production of a driver's license bearing a photograph of the licensee or production of a photographic identification card issued pursuant to § 2 of P.L. 1980, c. 47 (N.J.S.A. .39:3-29.3), or a similar card issued pursuant to the laws of this state, another state or the federal government and appearance and in the reasonable belief that the purchaser was actually of legal age to make the purchase.
[Amended 5-21-2007 by Ord. No. 897; 3-3-2008 by Ord. No. 907]
All persons 18 years of age or over, who sell, make available, serve or knowingly permit possession or consumption of alcoholic beverages by a person under the age of 21 in the Borough of Shrewsbury, will be subject to the minimum penalty as follows: disclosure of their names, addresses and violations to the media for publication, and a fine of not less than $50 or more than $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.
§ 63-11 Possession or consumption of alcoholic beverages by underaged persons on private property; specific penalties.
[Added 5-21-2007 by Ord. No. 897]
Restrictions and penalties. Any person under the legal age to purchase alcoholic beverages who, without legal authority, knowingly possesses or who knowingly consumes any alcoholic beverage on private property shall be punished by a fine of $250 for a first offense and $350 for any subsequent offenses.
The court may, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privilege of the defendant. Upon conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the New Jersey Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
If a person, at the time of the imposition of a sentence, has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Motor Vehicle Commission along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
The court shall, of any person convicted under this section who is not a New Jersey resident, suspend or postpone, as appropriate, the nonresident driving privileges in the State of New Jersey of the person based on the age of the person and submit to the Motor Vehicle Commission the required report. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the court, the Motor Vehicle Commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
This provision shall not apply to or prohibit an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite, or consuming or possessing an alcoholic beverage in the presence of and with the permission of their parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages. As used herein, "guardian" means a person who has qualified as a guardian of the underaged person pursuant to testimony or court appointment, and "relative" means the underaged person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.
This provision shall not apply to or prohibit possession of alcoholic beverages by any such underaged person while actually engaged in performance of employment by a person or facility licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at the county vocational school or post-secondary educational institution; however, no ordinance enacted pursuant to this section shall be construed to preclude the imposition of a penalty under this section, N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
If any section, paragraph, subparagraph, clause or provision of this section shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subparagraph, clause or provision so adjudged and the remainder of this section shall be deemed valid and effective.