[Adopted by Ord. No. 270 (Ch. VI of the Revised General Ordinances), as amended through Ord. No. 4-1999]
This article is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Spring Lake in accordance
with the provisions of an Act of Legislature of the State of New Jersey
entitled "An Act Concerning Alcoholic Beverages" (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, the 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 license, all licenses issued, and all proceedings under this article shall be in accordance with the Act, rules and regulations referred to in § 100-1, and all other applicable laws of the State of New Jersey or of the United States.
All licenses required by this article shall be issued by the
Borough Council, which shall also administer the provisions of this
article.
No person shall sell or distribute alcoholic beverages within the Borough of Spring Lake without having obtained a license in accordance with the Act referred to in § 100-1 and the provisions of this article, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
[Amended 3-23-2004 by Ord. No. 9-2004; 6-14-2011 by Ord. No. 2011-005]
A.
The annual license fees of licenses for the sale and distribution
of alcoholic beverages in the Borough shall be as follows:
|
Class of License
|
Annual License
Fees
|
Number of
Licenses
|
|---|---|---|
|
Plenary retail consumption
|
$1,790
|
1
|
|
Plenary retail distribution
|
$746
|
3
|
|
Seasonal retail consumption
|
$1,342
|
1
|
|
Club
|
$188
|
2
|
B.
The limitations imposed hereby shall be subject in all respects to
the laws of the State of New Jersey regarding the sale of alcoholic
beverages.
The holder of the plenary retail consumption license shall be
entitled, subject to rules and regulations, to sell for consumption
on the licensed premises, any alcoholic beverages by the glass, or
other open receptacles as provided for by law under Title 33 of the
laws of the State of New Jersey. No plenary retail consumption license
shall be granted to any person, firm or corporation in the Borough
of Spring Lake except for a hotel with 18 or more sleeping rooms,
or a common services residence, senior citizen facility with 18 or
more sleeping units. For the purposes of this section, a "hotel" is
defined as a place where the proprietor makes it his business to furnish
food and lodging for guests who are able and ready to pay for such
services. For the purposes of this section, a "common services residence,
senior citizen facility" is defined as a senior citizen common services
residence. For the purposes of this section, a "senior citizen common
services residence" means a building with living units whose occupancy
is restricted to persons age 62 and older, with a communal dining
facility from which meals must be provided to residents three times
per day and seven days per week, and which food service is provided
to residents as part of the monthly charge for occupancy of a living
unit. This term is used and defined for the special purpose of this
section and shall not be interpreted on the basis of the usage or
definition of this term in any other document, including any state
or federal statute or regulation.
The seasonal retail consumption license shall entitle the holder,
subject to rules and regulations, to sell during the summer season
from May 1 until November 14 inclusive, for consumption on the licensed
premises, any alcoholic beverage by the glass or other open receptacle
as provided for by law under Title 33 of the laws of the State of
New Jersey. No seasonal retail consumption license shall be granted
to any person, firm or corporation in the Borough of Spring Lake except
for a hotel with 18 or more sleeping rooms, or a common services residence,
senior citizen facility with 18 or more sleeping units. For the purposes
of this section, a "senior citizen common services residence" means
a building with living units whose occupancy is restricted to persons
age 62 and older, with a communal dining facility from which meals
must be provided to residents three times per day and seven days per
week, and which food service is provided to residents as part of the
monthly charge for occupancy of a living unit. This term is used and
defined for the special purpose of this section and shall not be interpreted
on the basis of the usage or definition of this term in any other
document, including any state or federal statute or regulation.
A.
The holder of a plenary retail distribution license shall be entitled,
subject to rules and regulations, to sell any alcoholic beverages
for consumption off the licensed premises, but only in original containers;
provided, however, that such license shall not permit the sale of
alcoholic beverages in or upon any establishment in which any other
mercantile business is carried on.
B.
The foregoing limitation is not intended to apply to the sale of
ice cubes and baskets or other containers of a similar nature and
purpose which may be sold by the holder of a plenary retail distribution
license in the ordinary course of business.
C.
Restrictions for plenary retail distribution licenses. No plenary
retail distribution licenses shall be granted to any person, firm
or corporation in the Borough of Spring Lake, except for an establishment
conducted solely for the distribution of alcoholic beverages. The
word "establishment" as used herein shall mean a separate independent
store and not a store connected in any way with a store wherein merchandise
of any other kind is sold.
A.
The holder of a club license shall be entitled, subject to rules
and regulations, to sell only to bona fide club members and their
guests alcoholic beverages intended for immediate consumption on the
licensed premises.
B.
Club licenses shall be issued only to such corporations, associations
and organizations as are operated for benevolent, charitable, fraternal,
social, religious, recreational, athletic or similar purposes, and
not for private gain, and such licenses shall be subject to the qualifications,
conditions and restrictions imposed by the State Commissioner of Alcoholic
Beverage Control.
C.
Each application for a club license shall set forth the names and
addresses of all officers, trustees, directors or other governing
officials.
No license shall be issued except after written application
presented by the proposed licensee, upon forms provided by the Division
of Alcoholic Beverage Control, and after conformity with publication
of notice and otherwise, as required by the Act.
All applications for licenses shall set forth, in full, answers
to questions prescribed by the aforesaid Act, and by the rules and
regulations, of the Director of the Division of Alcoholic Beverage
Control, and shall include declarations called for by these provisions.
No license shall be issued to any person, firm, corporation,
group or partnership not fully qualified under the provisions of the
Act and the rules and regulations.
All licenses shall be for a term of one year from the first
day of July in each year except seasonal retail consumption licenses,
and all fees shall be paid in advance, upon presentation of the application;
provided, however, that any licensee, except a seasonal retail consumption
licensee, who shall voluntarily surrender his license, and who shall
not have committed any violation of this article, or of any Rule or
Regulation, and who shall have paid all taxes, setoffs or counterclaims
that may have become due to the State of New Jersey, or to the Borough
of Spring Lake, shall be entitled, after deduction of 50% of the fee,
as a surrender fee, to the prorated fee for the unexpired term.
Licenses shall be transferable as set forth in N.J.S.A. 33:1-26. A separate license shall be required for each specific place of business, and each license shall be effectual only for the licensed premises mentioned therein; provided, however, that upon an application for a transfer in the same manner as for an original application, and upon publication of intention to transfer in the same manner as in the case of an original application, the Borough Council may issue a transfer of such license to a different place of business by endorsing such permission upon such license, and upon payment of a fee of 10% of the full annual license fee as set out in § 100-6 for such transfer.
A.
Hours of sale; weekdays.
(1)
No licensee shall sell, serve or deliver or allow, or permit the
sale, service or delivery of any alcoholic beverage or permit the
consumption of any alcoholic beverage on a licensed premises on weekdays
between 2:00 a.m. and 6:00 a.m. of the following weekday morning.
(2)
The above-mentioned hours shall be construed to mean Eastern standard
time or Eastern daylight saving time, whichever time shall be in effect
within the Borough of Spring Lake.
B.
Sundays. No plenary distribution licensee shall sell, deliver or
allow, or permit the sale, service and delivery of any alcoholic beverage
on a Sunday between the hours of 2:00 a.m. and 12:00 noon. No plenary
consumption licensee shall serve or permit consumption of any alcoholic
beverage on a Sunday between the hours of 2:00 a.m. and 9:00 a.m.
No alcoholic beverages shall be served or consumed in the pool area
between the hours of 2:00 a.m. and 11:00 a.m.
[Amended 7-12-2011 by Ord. No. 2011-010]
C.
New Year's Day. No plenary distribution licensee shall sell, deliver
or allow, or permit the sale, service or delivery of any alcoholic
beverage on New Year's Day of each year when it is a weekday between
the hours of 2:00 a.m. and 6:00 a.m. and when it is a Sunday between
the hours of 2:00 a.m. and 12:00 noon. No plenary consumption licensee
shall serve or permit consumption of any alcoholic beverage on a Sunday
between the hours of 2:00 a.m. and 9:00 a.m. No alcoholic beverages
shall be served or consumed in the pool area between the hours of
2:00 a.m. and 11:00 a.m.
[Amended 7-12-2011 by Ord. No. 2011-010]
D.
Hours of sale for off-premises consumption. No licensee shall sell
or deliver or allow, permit or suffer the sale or delivery of any
alcoholic beverages at retail in original containers for consumption
off the licensed premises or allow, permit or suffer the removal of
any alcoholic beverages in original containers from the licensed premises
before 9:00 a.m. or after 10:00 p.m. on any day of the week except
Sunday and on Sundays before 12:00 noon or after 8:00 p.m., except
as provided for by any rule or regulation of the Division of Alcoholic
Beverage Control. The above-mentioned hours shall be construed to
mean Eastern standard time or Eastern daylight saving time, whichever
time shall be in effect within the Borough of Spring Lake.
A.
No license shall be issued for the sale of alcoholic beverages within
500 feet of any church or public school or private schoolhouse, not
conducted for pecuniary profit, except to manufacturers, wholesalers,
hotels, clubs and fraternal organizations which own or are actually
in possession of the licensed premises at the time of the effectiveness
of the aforesaid Act, the 500 feet to be measured in the normal way
that a pedestrian would properly walk from the nearest entrance of
the church or school to the nearest entrance of the premises sought
to be licensed; provided, however, that this prohibition may be waived
at the issuance or renewal of such license, by the duly authorized
governing body or authority of such school or church, and such waiver
shall be effective until the date of the next renewal of the license,
and provided also that this prohibition shall not apply to the renewal
of any license where no such school or church was located within the
prohibited distance of the licensed premises, at the time of the issuance
of the license, or as otherwise excepted by the provisions of the
Act.
B.
No license shall be issued for the sale of alcoholic beverages within
500 feet of any premise where there exists an alcoholic beverage license,
whether it is a plenary retail consumption, plenary retail distribution,
seasonal retail consumption or club license and whether it is an active
or inactive license, except to manufacturer, wholesalers, hotels,
clubs and fraternal organizations which own or are actually in possession
of the licensed premises at the time of the effectiveness of this
subsection, the 500 feet to be measured in the normal way that a pedestrian
would properly walk from the nearest entrance of the existing licensed
site to the nearest entrance of the premises sought to be licensed.
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 that the sale 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.
A.
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 and regulations of the
State's Director of Alcoholic Beverage Control.
B.
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 charge against the licensee and affording a reasonable opportunity
for a hearing before the Borough Council.
C.
Suspension or revocation of a license shall be in addition to any
other penalty which may be imposed for a violation of the provisions
of this article.
A.
In licensed premises. It shall be unlawful for a person under the
legal age while in any premises licensed for the sale of alcoholic
beverages to purchase, consume or have served or delivered to him
or her any alcoholic beverages.
B.
Purchasing alcoholic beverages. It shall be unlawful for a person
under the legal age to purchase, attempt to purchase or have another
purchase for him or her any alcoholic beverages.
C.
Misrepresenting age. It shall be unlawful for any person under the
legal age to misrepresent or misstate his or her age for the purpose
of inducing any licensee or any employee of any licensee or any person
acting in behalf of any licensee to sell, serve or deliver any alcoholic
beverages to him or her.
D.
Inviting and inducing. No person shall invite or induce any person
under the legal age to be served with or have in his or her possession
any alcoholic beverage.
E.
Violations and penalties.
(1)
Pursuant to N.J.S.A. 33:1-81, it shall be unlawful for:
(a)
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)
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)
Any person to misrepresent or misstate his age, or the age of
any other person for the purpose of inducing any licensee or any employee
of any licensee, to sell, serve or deliver any alcoholic beverage
to a person under the legal age for purchasing alcoholic beverages;
or
(d)
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)
Any person who shall violate any of the provisions of this section
shall be deemed and adjudged to be a disorderly person, and upon conviction
thereof, shall be punished by a fine not less than $500. In addition,
the court shall suspend or postpone the person's license to operate
a motor vehicle for six months.
(3)
Upon the conviction of any person under this section, the court shall
forward a report to the Division of Motor Vehicles stating the first
and last day of the suspension or postponement period imposed by the
court pursuant to this section. If a person at the time of the imposition
of a sentence is less than 17 years of age, the period of license
postponement, including a suspension or postponement of the privilege
of operating a motorized bicycle, shall commence on the day the sentence
is imposed and shall run for a period of six months after the person
reaches the age of 17 years.
(4)
If a person at the time of the imposition of a sentence has a valid
driver's license issued by this state, the court shall immediately
collect the license and forward it to the division along the report.
If for any reason the license cannot be collected, the court shall
include in the report the complete name, address, date of birth, eye
color, and sex of the person as well as the first and last date of
the license suspension period imposed by the court.
(5)
The court shall inform the person orally and in writing that if the
person is convicted of operating a motor vehicle during the period
of license suspension or postponement, the person shall be subject
to the penalties set forth in N.J.S.A. 39:3-40. A person shall be
required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of a written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
(6)
If the person convicted under this section is not a New Jersey resident,
the court shall suspend or postpone, as appropriate given the age
at the time of sentencing, the nonresident driving privilege of the
person and submit to the division the required report. The court shall
not collect the license of a nonresident convicted under this section.
Upon receipt of a report by the court, the division shall notify the
appropriate officials in the licensing jurisdiction of the suspension
or postponement.
(7)
In addition to the general penalties 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.
