[Adopted 9-14-1981 by Ord. No. 293]
T is for the purpose of fixing license fees
and regulating the sale of alcoholic beverages in the Township of
Boonton, County of Morris, in accordance with provisions of N.J.S.A.
33:1-40 et seq., as amended and supplemented, and in accordance with
the rules and regulations promulgated or to be promulgated by the
State Division of Alcoholic Beverage Control applicable hereto and
in accordance with the rules and regulations herein or hereafter adopted
by competent municipal authority not inconsistent with said Act or
said rules and regulations of said State Division of Alcoholic Beverage
Control, N.J.A.C. 13:2-38.1 et seq.
It shall be unlawful to sell or distribute alcoholic
beverages otherwise than as provided in t.
The Township Committee of the Township of Boonton,
County of Morris, being the governing body of said municipality, shall
constitute the authority for the administration of the issuance of
licenses hereunder.
[Amended 7-12-1982 by Ord. No. 301; 6-27-1983 by Ord. No.
309; 6-25-1984 by Ord. No. 322; 6-24-1985 by Ord. No. 336; 6-23-1986 by Ord. No. 356; 6-22-1987 by Ord. No. 374; 3-13-2006 by Ord. No.
716]
No more than one plenary retail consumption
license and one plenary retail distribution license shall be in effect
in this municipality at any time.
A.
On-premises consumption. No alcoholic beverages shall
be sold, served or delivered, nor shall any holder of a plenary retail
consumption license suffer or permit the sale, service or delivery
of any alcoholic beverage, directly or indirectly, upon the licensed
premises, between the hours of 2:00 a.m. and 8:00 a.m., prevailing
time.
B.
Retail distribution. No alcoholic beverages, other than malt alcoholic beverages and wines, when sold by the holder of a plenary retail consumption license during the hours authorized in Subsection A, shall be sold in original containers for off-premises consumption before 9:00 a.m. or after 10:00 p.m., prevailing time, Monday through Saturday, or before 12:00 noon or after 10:00 p.m., prevailing time, on Sunday.
No plenary retail distribution license shall
be issued to permit the sale of alcoholic beverages in or upon any
premises in which any other mercantile business is carried on; provided,
however, that this shall not prohibit a plenary retail distribution
licensee from selling at retail, as an accommodation to customers,
cigars, cigarettes, tobacco, peanuts, pretzels, popcorn, other similar
snack items, mixers, bitters, sodas, cocktail cherries, olives, onions,
ice cubes and such other items as are customarily and commonly considered
as accessory items to alcoholic beverages.
No license shall be issued for any premises
not having floor space of at least 400 square feet, not including
bulk storage areas.
No licensee shall sell, serve or deliver, nor
shall any licensee suffer or permit the sale, service or delivery,
of an alcoholic beverage, directly or indirectly, to any mental defective,
habitual drunkard or intoxicated person, nor permit the same to congregate
in or about the licensed premises.
No person shall be served in any room which
is not open to the use of the public generally, except that, in hotels,
guests may be served in their rooms or in private dining rooms during
hours prescribed for the sale of alcoholic beverages.
All premises in which alcoholic beverages are
sold or dispensed, except guest rooms and private dining rooms in
hotels, shall be so arranged that a full view of the interior may
be had from the public thoroughfare or from adjacent rooms to which
the public is freely admitted. All such premises shall be lighted
sufficiently so that a full view of the interior thereof may be had
at all hours from the public thoroughfare or from adjacent rooms to
which the public is freely admitted.
A.
Unless otherwise provided by Title 33 of the New Jersey Statutes Annotated, any person who shall sell or distribute any alcoholic beverage without having complied with or in violation of any of the provisions of this article shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code.
[Amended 5-8-1989 by Ord. No. 405; 4-9-2007 by Ord. No. 739]
B.
Any license issued pursuant to this article may be
suspended or revoked for violation of any of the provisions thereof
or for the violation of any of the provisions of said Act or any of
the rules and regulations promulgated by the State Division of Alcoholic
Beverage Control.
C.
Any person who shall, after conviction of any offense
under this article, be convicted of a subsequent offense under this
article, such subsequent offense shall be punishable by a fine or
imprisonment, the maximum limits of which shall be twice the limits
otherwise by this article imposed, or by both such fine and imprisonment,
in the discretion of the Court.
