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. Plenary retail consumption license.
B. Plenary retail distribution license.
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.