[Adopted 2-14-1990 by Ord. No. 893
as Ch. VI of the 1988 Code; amended in its entirety 5-18-2021 by Ord. No. 1837]
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.
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.
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.
All licenses required by this article shall be issued by the
Mayor and Borough Council which shall also administer the provisions
of this article.
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.
The classes of licenses to be issued by the Borough are hereby
fixed as follows:
A.Â
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
|
B.Â
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.
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.
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.
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.
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.
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.
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.
A.Â
Sale of alcoholic beverages prohibited. No licensee shall sell or
serve alcoholic beverages to persons under the legal age.
B.Â
Unlawful acts by persons under legal age for purchase of alcoholic
beverages; disorderly persons.
(1)Â
It shall be unlawful for:
(a)Â
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)Â
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)Â
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)Â
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.
A.Â
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.
B.Â
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.
C.Â
Suspension or revocation of a license shall be in addition to any
other penalty which may be imposed for a violation of this article.