[Adopted 3-18-1965 by Ord. No. 795 (Art.
3, Ch. F, of the 1970 Revised Ordinances)]
As used in this Article, the following terms
shall have the meanings indicated:
Includes any person, persons, firm, partnership, corporation,
club or other organization licensed to sell, serve, distribute, deliver
or otherwise deal in alcoholic beverages in the Borough of Madison,
in accordance with the laws of the State of New Jersey and the rules
and regulations of the State of New Jersey, Department of Alcoholic
Beverage Control.
Includes an establishment regularly and principally used
for the purpose of providing meals to the public, having an adequate
kitchen and dining room designed, equipped and maintained for the
preparing, cooking and serving of meals for its customers and in which
no other business, except such as is incidental to such establishment,
is conducted, and in which dining room meals are served only to persons
seated at tables by waiters or waitresses, other than a person who
tends the bar.
[Amended 6-10-1968 by Ord. No. 11-68; 6-14-1971 by Ord. No.
14-71; 12-11-1972 by Ord. No. 18-72; 7-12-1976 by Ord. No. 20-76; 12-11-1989 by Ord. No. 48-89; 4-8-1991 by Ord. No. 4-91]
A.
Sale of alcoholic beverages for on-premises consumption
and sale of wine and malt beverages for off-premises consumption.
No licensee or any agent, servant or employee of any licensee shall
sell, serve, distribute or deliver or allow, permit or suffer the
sale, service, distribution or delivery of any alcoholic beverage
for consumption on any licensed premises or any wine or malt beverage
for consumption off the licensed premises:
(1)
On Sunday between 2:00 a.m. and 10:00 a.m., except
as otherwise provided herein.
[Amended 9-9-2019 by Ord.
No. 42-2019]
(2)
On New Year's Day, when the same falls on a Sunday,
between the hours of 3:00 a.m. and the following 12:00 noon.
(3)
On New Year's Day, when the same falls on a day other
than Sunday, between the hours of 3:00 a.m. and 7:00 a.m.
(4)
On Monday, other than New Year's Day, between the
hours of 2:00 a.m. and 7:00 a.m.
(5)
On Tuesday through Friday, inclusive, other than New
Year's Day, between the hours of 1:00 a.m. and 7:00 a.m.
(6)
On Saturday, other than New Year's Day, between the
hours of 2:00 a.m. and 7:00 a.m.
B.
Sale of alcoholic beverages for off-premises consumption.
No licensee or any agent, servant or employee of any licensee shall
sell, serve, distribute or deliver or allow, permit or suffer the
sale, service, distribution or delivery of any alcoholic beverage
(with the exception of wine and malt beverages), at retail, in its
original container, for consumption off the licensed premises or allow,
permit or suffer the removal of any alcoholic beverage (with the exception
of wine and malt beverages), in its original container, from retail
licensed premises before 9:00 a.m. or after 10:00 p.m. on any day
of the week.
The hours herein referred to shall be prevailing
time.
Nothing herein shall be construed to permit
the sale, service, distribution, delivery or consumption of alcoholic
beverages at any time or times prohibited by any law of the State
of New Jersey or any rule or regulation of the State of New Jersey,
Department of Alcoholic Beverage Control. Any proceedings instituted
under the provisions of this chapter are exclusive and not in lieu
of any disciplinary proceedings for revocation or suspension of license
instituted under the provisions of the rules and regulations of the
State of New Jersey, Department of Alcoholic Beverage Control, or
for the violation of any law of the State of New Jersey.
[Amended 5-11-1970 by Ord. No. 9-70; 8-14-2000 by Ord. No.
35-2000; 5-8-2006 by Ord. No. 19-2006]
Any person, firm, partnership, association of
persons, club, corporation or other organization, including any agent,
servant or employee thereof, found guilty of violating any provision
of this article shall, upon conviction thereof, be punishable by one
or more of the following in the discretion of the Judge: a fine of
not to exceed $2,000; or by imprisonment for a term not exceeding
90 days; or by a period of community service not exceeding 90 days.
In the event that a fine is imposed, pursuant to this section, such
fine shall be no less than $100.
