[Amended 5-6-2003 by Ord. No. 8-2003]
A. Statement of purpose and policy.
(1) The purpose of this section is to control and protect
against the unlawful consumption of alcoholic beverages by persons
under the legal age.
(2) It is the determination of the Borough Council of
the Borough of Sea Bright that the practice engaged in some establishments
of serving alcoholic beverages while permitting patrons under the
legal age for consumption of alcoholic beverages into the licensed
establishment while alcoholic beverages are being served to those
of the legal age for consumption, creates an inappropriate danger,
namely, that the underage person will be able to purchase and/or consume
alcoholic beverages.
(3) It is further the determination of the Borough Council
that this risk is most pronounced in licensed establishments commonly
known as nightclubs, where on many occasions a very large number of
patrons are present in the licensed establishment. In such cases,
when such a large number of patrons are present, it is almost impossible
for the employees of the nightclub to effectively ensure that those
persons on the premises who are under the legal age for consumption
of alcoholic beverages are effectively prevented from purchasing and/or
consuming alcoholic beverages.
(4) The Borough Council further determines that this inappropriate
danger is not as prevalent in licensed establishments engaging in
restaurant-type services. This is found to be the case because in
restaurants there are generally not the great number of patrons that
are commonly present in nightclubs. Therefore, employees of the licensed
establishment are not so overwhelmed by patrons purchasing and consuming
alcoholic beverages and can, in all likelihood, effectively determine
if those who are consuming alcoholic beverages in the licensed establishment
are, indeed, of legal age to do so.
B. Persons under legal drinking age prohibited to purchase,
consume or purchase for another; violations and penalties.
(1) It shall be unlawful for:
(a)
A person under the legal age to purchase 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;
(b)
A person under the legal age to purchase alcoholic
beverages, to enter any premises licensed for the retail sale of alcoholic
beverages to purchase, attempt to purchase or have another purchase
for him/her any alcoholic beverage; and
(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/her 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 subject to the penalties as provided in Chapter
1, General Provisions, Article
I. In addition, the court shall suspend the person's license to operate a motor vehicle for six months beginning on the date he/she 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 who violated this chapter to participate in an alcoholic 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. (See N.J.S.A. 33:1-81.)
C. Exceptions to presence of minor in licensed establishments.
It shall be unlawful for any licensee holding a plenary retail consumption
license to allow, permit or suffer the entry of any person under the
legal age for consumption on the licensed premises for any purpose
other than for employment pursuant to N.J.A.C. 13:2-14.1 et seq. The
forgoing shall not prohibit a person under the legal age from being
present on a licensed premises if accompanied by a parent or legal
guardian 21 years of age or older, or if the licensed premises is
a restaurant.
D. Misrepresenting age. No person shall misrepresent
his or her age or the age of another person for the purpose of inducing
any licensee or the licensee's employees to sell, serve or deliver
any alcoholic beverage to a person under the legal age for consuming
such alcoholic beverages.
E. Presumptions. Any parent or legal guardian of a person
under the legal age who accompanies such person into a premises licensed
under a plenary retail consumption license 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F. Regulations. The holding of not more than two teen
nights, as hereinafter defined, on an annual calendar basis (January
1 through December 31) shall be permitted in any duly licensed plenary
retail alcoholic beverage establishment within the Borough of Sea
Bright if the following requirements are verifiably established and
are complied with:
(1) When any individuals under the legal age to consume
alcohol as established by the State of New Jersey enter upon a licensed
premises that is not a restaurant, as hereinafter defined, without
their parent or legal guardian, the premises shall first have all
alcoholic beverages, which shall include all liquor, beer and wine
locked in cabinets and storage areas. Additionally, no employee shall
have access to the locked areas once the beverages are placed into
said storage areas and cabinets. To ensure that an underage person
shall not have access to any alcoholic beverages, the licensee shall
lock all storage areas and cabinets and shall be the only individual
with a key to the cabinets.
(2) No persons attending teen night shall be permitted
to bring any food or beverages onto the licensed premises in which
the teen night is being held.
(3) Adequate notice of at least 48 hours shall be provided
to the Chief of Police by the establishment of any planned teen night
events. The notice shall include the date, time, location, type of
entertainment scheduled, and any other pertinent information.
G. Definitions. As used in this section, the following
terms shall have the meanings indicated:
TEEN NIGHT
A scheduled dance or event wherein any person under the legal
drinking age is allowed to enter the premises of a licensed plenary
retail alcoholic beverage establishment established by the State of
New Jersey. More particularly this definition of "teen night" shall
include both teen-only events and events that allow teens and individuals
of legal age to consume alcoholic beverages as established by the
State of New Jersey.
TEEN NIGHT PARTICIPANTS
Those individuals who attend teen nights as hereinabove defined.
This shall not apply to individuals employed by the licensed plenary
retail alcoholic beverage establishment.
RESTAURANT
An establishment regularly and principally used for the purpose
of providing meals to the public, having an adequate kitchen and dining
room equipped for the preparing, cooking and serving of foods for
its customers, and in which no other business, except such as incidental
to such establishment, is conducted.
No licensee shall sell, serve or deliver or
permit the sale, service or delivery of any alcoholic beverage, directly
or indirectly, to any actually or apparently intoxicated person or
minor. No licensee shall permit any of the classes of persons named
herein to congregate in or about the licensed premises.
[Amended 4-18-2017 by Ord. No. 8-2017]
Licensed establishments are required to comply with Chapter
146, Nuisances.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
All liquor-licensed premises holding plenary
retail consumption liquor licenses in this municipality shall comply
with all applicable occupancy restrictions for the licensed establishment
under the provisions of the International Building Code. In addition,
any licensee found in violation of the provisions of this section
may be subject, in the discretion of the governing body, to a revocation
or suspension of the licensee's liquor license in accordance with
the applicable provisions of the New Jersey Alcoholic Beverage Control
Act and this chapter.
[Amended 3-5-2019 by Ord.
No. 4-2019]
A. No person shall consume or possess in any open container, bottle,
can, glass, cup or any other manner any alcoholic beverage upon any
street, sidewalk, approach, step, public beach, in any automobile,
truck, van or any other vehicle, either being driven upon the streets
within the Borough or parked or stopped upon any street, public garage,
parking lot or alley within the Borough or in any public place, except
in licensed areas of those establishments where alcoholic beverages
are sold for on-premises consumption or within any private meeting
hall when entrance is restricted to members and their guests.
B. No person shall consume or possess any alcoholic beverage in any
building owned by the Borough of Sea Bright, except pursuant to a
permit issued in accordance with regulations adopted by the Mayor
and Borough Council.