This chapter is enacted to regulate the sale
and transportation of alcoholic beverages in the Township of Egg Harbor
in accordance with the provisions of an act of the 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 chapter, words and phrases
herein shall have the same meanings 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.
No person shall be on any public highway, alley,
beach, park, sidewalk, street or place of amusement in the Township
not licensed for the sale, service or delivery of alcoholic beverages,
or in any automobile or other vehicle parked upon any street, highway
or alley, with an open bottle, can, container or other receptacle
which contains or recently contained an alcoholic beverage.
[Amended 12-23-1986 by Ord. No. 53-1986]
A. Presence. No person under the legal age shall be allowed
in any premises where alcoholic beverages are sold or served for consumption
on the premises, unless accompanied by that person's parent or guardian.
However, a person under the legal age may enter any licensed premises
in the regular pursuit of his or her business, trade or occupation
or to purchase food or to be a guest in a bona fide hotel or restaurant.
B. Purchase of alcoholic beverages by a person under
the legal age. No person under the legal age shall purchase, attempt
to purchase or have another purchase for that person any alcoholic
beverages on any premises licensed for the sale of alcoholic beverages.
C. Purchase of alcoholic beverages for a person under
the legal age. No person shall purchase or attempt to purchase alcoholic
beverages for a person under the legal age. It shall be unlawful for
any person to induce or attempt to induce any licensee or any employee
of a licensee to sell, serve or deliver alcoholic beverages to a person
under the legal age.
D. Misstating age. No person shall misstate his or her age or the age of another person for the purpose of inducing any licensee or the licensee's employee to sell, serve or deliver any alcoholic beverages to a person under the legal age or to permit a person under the legal age to remain on any premises in violation of Subsection
A.
E. Presumption. Any parent or guardian of a person under
the legal age who accompanied such person under the legal age into
a premises in which alcoholic beverages are served and who permits
the person under the legal age to possess or consume alcoholic beverages
shall be presumed to have misrepresented the age of the person under
the legal age.
F. Possession. Nothing in this section shall apply to
possession of alcoholic beverages by any person while actually engaged
in the performance of employment pursuant to an employment permit
issued by the Director of Alcoholic Beverage Control, or for a bona
fide hotel or restaurant, in accordance with the provisions of N.J.S.A.
33:1-26.
[Amended 12-23-1986 by Ord. No. 53-1986]
Any licensee who shall violate or fail to comply
with the provisions of this chapter shall, upon conviction, have his,
her or its license subject to such penalties as provided by law.
[Adopted 11-29-2000 by Ord. No. 45-2000]
It shall be unlawful for any person under the
legal age who, without legal authority, knowingly possesses or knowingly
consumes an alcoholic beverage on private property.
Any person violating the provisions of this
article shall, in accordance with the provisions of N.J.S.A. 40:48-1.2,
as amended, be punished by a fine of $250 for a first offense and
$350 for any subsequent offense.