[Adopted 11-4-1974 as Ch. 45 of the 1974 Code]
This article is adopted for the purpose of fixing license fees and regulating
the sale of alcoholic beverages in the Borough of Mendham, County of Morris,
in accordance with the provisions of an act of the legislature entitled "An
Act Concerning Alcoholic Beverages" set forth in Title 33 of the Revised Statutes
of New Jersey, 1937, as amended and supplemented, and in accordance with the
rules and regulations promulgated or to be promulgated by the State Commissioner
of Alcoholic Beverage Control applicable hereto, and in accordance with the
rules and regulations existing herein or hereafter adopted by the Borough
of Mendham not inconsistent with said Act or said rules and regulations of
said State Commissioner.
It shall be unlawful to sell or distribute alcoholic beverages otherwise
than as provided in this article or said above-mentioned Act.
The Mayor and Council of the Borough of Mendham, County of Morris, shall
constitute the authority for the administration of the issuance of the licenses
hereunder, and the Clerk of the borough is authorized and empowered to issue
licenses for the sale and distribution of alcoholic beverages in the borough
when such licenses shall have been approved.
No license shall be issued except after a written application has been
presented by the proposed licensee, in such form and after such notice as
required by the above-mentioned Act.
No seasonal retail consumption license or limited retail distribution
license shall be issued by the Borough of Mendham.
All licenses heretofore or hereafter issued shall be subject to the
following rules, regulations, terms and conditions:
A. With respect to both plenary retail consumption licenses
and club licenses, the following hours (prevailing time) shall be the permissible
hours of sale of alcoholic beverages in and on each and every licensed premises
within the borough by each and every licensee:
(1) Monday, Tuesday, Wednesday and Thursday: from 7:00 a.m. until 1:00 a.m. of the following day [subject to the provisions of Subsection
A(4) below].
(2) Friday and Saturday: from 7:00 a.m. until 2:00 a.m. of the following day [subject to the provisions of Subsection
A(4) below].
(3) Sunday: from 7:00 a.m. until 11:00 p.m. [subject to the provisions of Subsection
A(4) below].
(4) Anything hereinbefore stated to the contrary notwithstanding,
the closing time for any holiday eve, regardless of the day upon which it
falls, shall be extended until 2:00 a.m. of the following day, except for
New Year's Eve, whose closing time shall be extended until 3:00 a.m.
of the following day (New Year's Day).
B. During the hours when the sale, service, delivery or
consumption of alcoholic beverages is prohibited by ordinances now in force
or hereafter adopted by the Mayor and Council, all licensed premises operating
under a plenary retail consumption license shall keep the room in which alcoholic
beverages are kept for sale, commonly known as the "barroom," and all rooms
where alcoholic beverages are stored closely and securely locked, and the
licensee or any other person shall not enter or be allowed to enter therein.
C. All licenses granted hereunder must be displayed conspicuously
in the licensed premises.
D. A copy of this article must be displayed conspicuously
in the licensed premises.
No person shall be served in any room generally known as the "back room"
or "side room" or in any other room or place which is not open to the public
generally or open to full public view from the street in front, except that
in hotels guests may be served in their rooms or in private dining rooms.
[Adopted 4-17-2006 by Ord. No. 2-06]
It shall be unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property, except as provided for in §
65-13 below.
Any person convicted of violating the provisions of this article shall,
in accordance with the provisions of N.J.S.A. 40:48-1 as amended, be punished
by a fine not to exceed $250 for the first offense and not to exceed $350
for any subsequent offense.