This chapter is for the purpose of fixing license
fees and regulating the sales of alcoholic beverages in the Township
of North Brunswick, County of Middlesex, in accordance with the provisions
of an act of the Legislature entitled "An Act Concerning Alcoholic
Beverages," pursuant to Chapter 436, Public Laws 1933, as amended and supplemented, and in accordance with the
rules and regulations promulgated or to be promulgated by the State
Commissioner of Alcoholic Beverage Control applicable thereto, affecting
such subject matter, and the rules and regulations promulgated by
the Township of North Brunswick.
It shall be unlawful to sell or distribute alcoholic
beverages otherwise than as provided in the aforesaid Act or this
chapter.
The Mayor and Council of North Brunswick Township
shall be the authority for the administration and the issuance of
all licenses hereunder.
[Amended 12-21-1970; 2-1-1971; 9-2-1986; 6-1-1987; 7-1-2002 by Ord. No. 02-32; 7-6-2004 by Ord. No. 04-15]
A. Not more than 17 plenary retail consumption licenses,
not more than five plenary retail distribution licenses and not more
than three club licenses shall be issued and outstanding at the same
time in the Township of North Brunswick.
B. Not more than four plenary retail consumption licenses
and not more than one plenary retail distribution license shall be
issued for or transferred to premises located on Livingston Avenue
and Livingston Avenue Extension (or within 200 feet of either property
line of said Livingston Avenue and Livingston Avenue Extension) between
the City of New Brunswick and the Township of North Brunswick boundary
line and the intersection of Livingston Avenue Extension and Route
1, North Brunswick Township.
C. Not more than one retail alcoholic beverage license
shall be granted to any person in the Township of North Brunswick,
and said license shall cover only the licensed premises.
No person shall be served in any back room or
side room of premises operated under a plenary consumption license
which is not open to the use of the public generally.
Any license issued pursuant to this chapter
may be suspended or revoked for violation of any of the provisions
of this chapter or for violation of the provisions of the Act Concerning
Alcoholic Beverages, passed December 6, 1933, as amended and supplemented,
or of any of the rules and regulations promulgated by the State Commissioner
of Alcoholic Beverage Control.
[Amended 9-6-1977; 4-17-2006 by Ord. No. 06-06]
Any person violating or failing to comply with
any of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine of not more than $2,000 or by imprisonment
for a term not to exceed 90 days, or by both such fine and imprisonment,
in the discretion of the Judge. The continuation of such violation
on each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
[Added 2-20-2007 by Ord. No. 07-05]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
GUARDIAN
A person who is qualified as a guardian of the underage person
pursuant to testamentary or court appointment.
RELATIVE
An underage person's parent, grandparent, aunt, uncle, sibling,
first cousin or closer relative by blood, marriage or adoption who
has attained the legal age to purchase and consume alcoholic beverages.
B. Violations; exceptions. Any person under the legal
age to purchase and consume alcoholic beverages who, without legal
authority, knowingly possesses, orders, purchases, serves or consumes
alcoholic beverages or who is under the influence of alcoholic beverages
within the municipal boundary of the Township of North Brunswick shall
be in violation of this section and subject to the penalties hereof.
This section shall not apply to an underage person consuming or possessing
an alcoholic beverage in connection with a religious observance, ceremony
or rite or consuming or possessing an alcoholic beverage in the presence
of and with the permission of a parent, guardian or relative who has
attained the legal age to purchase and consume alcoholic beverages.
This section shall not apply to any underage person while actually
engaged in the performance of employment by a person who is licensed
under Title 33 of the Revised Statutes or while actively engaged in
the preparation of food while enrolled in a culinary arts or hotel
management program at a county vocational school or post secondary
educational institution; however, this section shall not be construed
to preclude the imposition of a penalty under this section, N.J.S.A.
33:1-81 or any other section of law against a person who is convicted
of unlawful alcoholic beverage activity on or at premises licensed
for the sale of alcoholic beverages.
C. Penalties; fines.
(1) The fine for such an offense under this section shall
be $250 for a first offense and $350 for any subsequent offense.
(2) The court may further suspend or postpone, for six
months, the driving privileges of the defendant, in addition to the
fine authorized for this offense. If a person at the time of the imposition
of such sentence is less then 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. If a person at the time of the imposition
of such sentence under this section has a valid driver's license issued
by this state, the court shall immediately collect the license and
forward same to the State Motor Vehicle Commission along with the
report.