[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.[1]
[1]
Editor's Note: See also Ch. 91, Disorderly Conduct, § 91-2K.
A. 
Dancing exhibitions. No licensee shall engage in or shall allow, permit or suffer any person, male or female, employed by such licensee to perform any dancing exhibition in or on any part of the alcoholic beverage licensed premises in a lewd, licentious or lascivious manner.
B. 
Exposure or indecent attire of entertainers. No licensee shall engage in or shall allow, permit or suffer any person, male or female, to appear on the premises of any establishment licensed for the sale and distribution of alcoholic beverages in any act, scene, sketch or other form of entertainment, including dancing for the benefit of patrons, with breasts, if female, or the lower part of the torso, if male or female, uncovered or so thinly covered or draped so as to appear uncovered.
C. 
Exposure or indecent attire of waitresses or barmaids. No licensee shall employ, allow, permit or suffer any waitress, barmaid or any other person who comes in contact with or is likely to come in contact with the patrons of any establishment licensed for the sale and distribution of alcoholic beverages to appear in the presence of such patrons with breasts, if female, or the lower part of the torso, if male or female, uncovered or so thinly covered or draped so as to appear uncovered.
A. 
Boardwalk. No plenary retail distribution license or plenary retail consumption license shall be granted for any location on the boardwalk or within 100 feet of any walk or passageway, publicly or privately owned, connecting the boardwalk with the sidewalk, ground or street. This section shall not include the grant of any temporary contingency permit for the sale of alcoholic beverages, as provided by N.J.S.A. 33:1-74 for any location on the boardwalk or within 100 feet of any walk or passageway, publicly or privately owned, connecting the boardwalk with the sidewalk, ground or street.
B. 
Oceanside of boardwalk. No plenary retail consumption license or plenary retail distribution license shall be granted for any location on the oceanside of the boardwalk.
[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.