[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]
A.
Annual license fees shall be as follows:
[Amended 10-15-2018 by Ord. No. 1053]
|
Class of License
|
2019/2020 Annual License Fee
|
|---|---|
|
Plenary retail consumption license
|
$1,584
|
|
Plenary retail distribution license
|
$1,296
|
|
Class of License
|
2020/2021 Annual License Fee
|
|---|---|
|
Plenary retail consumption license
|
$1,900
|
|
Plenary retail distribution license
|
$1,555
|
|
Class of License
|
2021/2022 Annual License Fee
|
|---|---|
|
Plenary retail consumption license
|
$2,280
|
|
Plenary retail distribution license
|
$1,866
|
|
Class of License
|
2022/2023 Annual License Fee
|
|---|---|
|
Plenary retail consumption license
|
$2,500
|
|
Plenary retail distribution license
|
$2,239
|
|
Class of License
|
2023/2024 Annual License Fee
|
|---|---|
|
Plenary retail consumption license
|
$2,500
|
|
Plenary retail distribution license
|
$2,500
|
B.
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.
C.
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]
A.
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.
B.
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.
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.
B.
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:
A.
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.;
B.
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
C.
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:
A.
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;
B.
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
C.
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.
[Added 5-21-2007 by Ord. No. 897]
A.
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.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
B.
Exceptions:
(1)
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.
(2)
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.
C.
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.
