Borough of Franklin Lakes, NJ Alcoholic Beverages Licensing; Regulation

This article is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Franklin Lakes in accordance with the provisions of an Act of Legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages," comprising Chapter 436 of the Laws of 1933, its supplements and amendments, and also comprising N.J.S.A. 33:1-1 et seq., and in accordance with the rules and regulations of the State Director of Alcoholic Beverage Control.

§ 144-2 Definitions.

For the purpose of this article, words and phrases herein shall have the same meaning as in N.J.S.A. 33:1-1 et seq., and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.

§ 144-3 Applications subject to laws and regulations.

All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the act, rules and regulations referred to in § 144-1, and all other applicable laws of the State of New Jersey or the United States.

§ 144-4 Administration.

All licenses required by this article shall be issued by the Mayor and Borough Council which shall also administer the provisions of this article.

§ 144-5 License required.

No person shall sell or distribute alcoholic beverages within the Borough without obtaining a license in accordance with the act referred to in § 144-1 and the provisions of this article.

§ 144-6 Classes of licenses.

The classes of licenses to be issued by the Borough are hereby fixed as follows:

Plenary retail consumption license.

Plenary retail distribution license.

Club license.

§ 144-7 License fees; maximum number.

The annual fees of licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows:

Class of License	Number	Fee
Plenary retail consumption license	3	$2,500
Plenary retail distribution license	1	$2,500
Club license	1	$300

The provisions of this section with respect to the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued.

§ 144-8 Hours of sale.

No alcoholic beverages shall be sold, delivered or served to or consumed in any licensed premises on any day between the hours of 3:00 a.m. and 6:00 a.m. except Sundays and New Year's Day each year as hereinafter provided.

§ 144-9 Sundays.

Provisions of § 144-8 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 3:00 a.m. and 10:00 a.m.

§ 144-10 New Year's Day.

Provisions of § 144-8 shall not apply on January 1. On that day alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 6:00 a.m. when it falls on a weekday. When January 1 falls on a Sunday, no alcoholic beverages may be sold, served, delivered or consumed between the hours of 5:00 a.m. and 12:00 noon.

§ 144-11 Sales to certain persons.

No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or person under the legal age, or permit the consumption of alcoholic beverages on any licensed premises by any of the above-named persons.

§ 144-12 Closing of premises during prohibited hours of sale; exceptions.

During the hours when sales of alcoholic beverages are prohibited, the entire licensed premises shall be closed and no person shall be admitted or permitted to remain thereon except the licensee or bona fide employees of the licensee; provided, however, that such requirement for the closing of the premises shall not apply to bona fide hotels or restaurants as defined in N.J.S.A. 33:1-1(t) and to clubs eligible for a club license under N.J.S.A. 33:1-12, Subsection 5, and to other establishments where the principal business is other than the sale of alcoholic beverages.

§ 144-13 Restrictions for premises with plenary retail distribution license.

The issuance of a plenary retail distribution license shall not permit, nor shall it be deemed to permit, the sale of alcoholic beverages in or upon any premises in which a grocery, delicatessen, drugstore or other mercantile business is carried on, the licensing of such premises being expressly prohibited, provided that such prohibition shall not prohibit the retail sale of distillers and vintner-packaged holiday merchandise prepacked as a unit with suitable glassware as gift items to be sold only as a unit; the sale of novelty wearing apparel identified with the name of the establishment licensed under the provisions of this article; cigars, cigarettes, packaged crackers, chips, nuts and similar snacks, ice and nonalcoholic beverages as accessory beverages to alcoholic beverages.

§ 144-14 Persons under legal age; violations and penalties.

Sale of alcoholic beverages prohibited. No licensee shall sell or serve alcoholic beverages to persons under the legal age.

Unlawful acts by persons under legal age for purchase of alcoholic beverages; disorderly persons.

(1)

It shall be unlawful for:

(a)

A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or

(b)

A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or

(c)

Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.

(2)

Any person who shall violate any of the provisions of this subsection shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, in accordance with N.J.S.A. 33:1-81, as amended, shall be punished by a fine of not less than $500. In addition, the Court shall suspend the person's license to operate a motor vehicle for six months or prohibit the person from obtaining a license to operate a motor vehicle in this state for six months beginning on the date he becomes eligible to obtain a license or on the date of conviction, whichever is later. In addition to the general penalty prescribed for an offense, the Court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

§ 144-15 Revocation of license.

Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article or any provision of any applicable statute or any of the rules or regulations of the State Director of Alcoholic Beverage Control.

Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-31 by service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing.

Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.