[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Intoxication in parks and recreation areas — See Ch. 143.
[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.
A.
Plenary retail consumption license.
(1)
No more than two plenary retail consumption licenses
shall be in effect in the municipality at any time.
B.
There shall be permitted in the Borough of Mendham one
plenary retail distribution license, to have a term of one year commencing
on July 1 of each year hereafter, subject to the following regulations:
(2)
The plenary retail distribution license shall not be
issued to permit the sale of alcoholic beverages in or upon any premises in
which any other mercantile business is carried on except the sale of nonalcoholic
beverages as accessory beverages, cocktail cherries, olives and onions, canned
nuts, potato chips, grain appetizers, pretzels and ice.
C.
No more than one retail license of any kind shall be
issued to any person, corporation or partnership or any corporation or partnership
which has a stockholder or partner who already holds a retail license of any
kind in the Borough of Mendham or who owns stock in a corporation or is a
partner in a partnership which already holds, or has a partner in such partnership
which already holds, a retail license of any kind in the Borough of Mendham.
As an exception to this subsection, a second retail consumption license may
be issued to such person or entity for use only in connection with the operation
of a restaurant.
[Amended 3-20-1995 by Ord. No. 5-95]
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].
(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.
A.
Any person, firm or corporation who shall sell or deliver any alcoholic beverage without having complied with or in violation of any of the provisions of this article shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code in the discretion of the Court.
[Amended 6-7-1999 by Ord. No. 15-99; 4-2-2007
by Ord. No. 3-07]
B.
Any license issued pursuant to this article may be suspended
or revoked for violation of any of the rules and regulations promulgated by
the State Commissioner of Alcoholic Beverage Control.
[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.
A.
In addition to the fine authorized for this offense,
the Court may suspend or postpone for six months the driving privilege of
the defendant. Upon the conviction of any person and the suspension or postponement
of that person's driver's license, the Court shall forward a report
to the Division of Motor Vehicles stating the first and last day of the suspension
or postponement period imposed by the Court pursuant to N.J.S.A. 40:48-1 as
amended. 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.
B.
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 Division of Motor Vehicles 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 the first and last date of the license
suspension period imposed by the Court.
C.
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.
D.
If a person convicted under this article is not a New
Jersey resident, the Court shall suspend or postpone, as appropriate, the
nonresident driving privilege of the person based on the age of the person
and submit it to the Division of Motor Vehicles on the required report. The
Court shall not collect the license of a nonresident convicted under this
article. Upon receipt of a report from the Court, the Division of Motor Vehicles
shall notify the appropriate officials in the licensing jurisdiction of the
suspension or postponement.
A.
Nothing contained in this article is intended, nor shall
it be construed, as prohibiting 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 a parent, guardian or relative who has attained
the legal age to purchase and consume alcoholic beverages; provided that,
if the underaged person is found to possess or consume an alcoholic beverage
in the presence of and with the permission of a relative other than a parent
or guardian, the police shall notify the parent or legal guardian, by certified
mail, of the incident together with the name of the relative who gave permission
for the possession or consumption of the alcoholic beverage by the underaged
person. The notification shall include a request that the parent or guardian
acknowledge and return a copy of the letter to the Police Department within
15 days of receipt.
B.
GUARDIAN
RELATIVE
As used in the preceding Subsection A, the following terms shall have the meanings set forth:
A person who has qualified as a guardian of the underaged person
pursuant to testamentary or court appointment.
The underaged person's grandparent, aunt or uncle, sibling,
or any other persons related by blood or affinity.
C.
Nothing contained in this article is intended nor shall
it be construed as prohibiting possession of alcoholic beverages by any such
person while actually engaged in the performance of employment by a person
who is 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 a county vocational school or post-secondary educational
institution; provided, however, that this article shall not be construed to
preclude the imposition of a penalty under this article, 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.
