[HISTORY: Adopted by the Borough Council
of the Borough of Mountain Lakes as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-23-1980 as Ch. VI of
the 1980 Code]
This article is enacted to regulate the sale
and transportation of alcoholic beverages in the Borough of Mountain
Lakes, in accordance with the provisions of the Act of Legislature
titled "An Act Concerning Alcoholic Beverages," N.J.S.A. 33:1-1 et
seq., as supplemented and amended, and in accordance with the rules
and regulations issued or to be promulgated by the State Director
of Alcoholic Beverage Control applicable thereto.
For the purpose of this article, relevant words
and phrases herein shall have the same meanings 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.
A.
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be subject to the Act and rules and regulations referred to in § 71-1 and shall be subject to any other statutes of New Jersey or of the United States.
B.
Issuing authority. The Council shall constitute the
authority for the administration of issuance of licenses under this
article and shall forthwith report the issuance of all such licenses
to the State Director of Alcoholic Beverage Control.
C.
License required. It shall be unlawful to sell or distribute alcoholic beverages in the Borough without a license previously applied for and granted pursuant to the provisions of the Act referred to in § 71-1 and the provisions of this article.
D.
License fee; maximum number. The fees shall be as
provided in § 111-3D. The maximum number of licenses for
the sale or distribution of alcoholic beverages in the Borough shall
be as follows:
|
Class of License
|
Number of Licenses
| |
|---|---|---|
|
Plenary retail consumption license
|
3
| |
|
Plenary retail distribution license
|
2
| |
|
Club license
|
1
|
E.
Certain licenses prohibited. No licenses known as
seasonal retail consumption license, summer season and winter season,
and limited retail distribution license, as defined in Title 33 of
the Revised Statutes of the State of New Jersey, its supplements and
amendments, shall be issued in the Borough.[1]
[1]
Editor's Note: Former Subsection F, Distance between licensed
premises, which immediately followed this subsection, was repealed
6-14-2010 by Ord. No. 05-10.
A.
Hours of sale.
(1)
No licensee shall sell, serve, deliver or allow, permit
or suffer the sale, service or delivery of any alcoholic beverage
or allow the consumption of any alcoholic beverage on licensed premises
on weekdays between the hours of 2:30 a.m. and 7:30 a.m. or on Sundays
between the hours of 2:30 a.m. and 12:00 noon, except that on January
1 of each year the prohibited period shall begin at 3:00 a.m. rather
than 2:30 a.m.
[Amended by Ord. No. 1-83]
(2)
During the hours when sales are prohibited, the entire
licensed premises, excepting the premises for which club licenses
and plenary retail distribution licenses have been issued, shall also
be closed.
B.
Sales to certain persons prohibited. No licensee or
employee of a licensee shall sell, serve or deliver, directly or indirectly,
any alcoholic beverages to any habitual drunkard, intoxicated person,
or minor, nor permit the consumption of alcoholic beverages on any
licensed premises by any of the above-named classes of persons, or
permit any such persons to congregate in or about the licensed premises.
A.
Presence. No minor shall be allowed in any premises
where alcoholic beverages are sold or served for consumption on the
premises, unless accompanied by an adult.
B.
Purchase of alcoholic beverages by a minor. No minor
shall purchase, attempt to purchase, or have another purchase for
him any alcoholic beverage on any premises licensed for the sale of
alcoholic beverages.
C.
Purchase of alcoholic beverages for a minor. No person
shall purchase or attempt to purchase alcoholic beverages for a minor.
It shall be unlawful for any person to induce or attempt to induce
any licensee or any employee of a licensee to sell, serve or deliver
alcoholic beverages to a minor.
D.
Misstating age. No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or employee of any licensee to sell, serve or deliver any alcoholic beverage to a person under the legal age on any premises in violation of Subsection A.
E.
Presumption. Any adult who accompanies a minor into
premises in which alcoholic beverages are served and who permits the
minor to possess or consume alcoholic beverages shall be presumed
to have misrepresented the age of the minor.
F.
Possession. No minor shall possess, serve, sell or
consume any alcoholic beverage in any public place within the Borough.
A.
Any license issued under this article may be suspended
or revoked for violation of any of the provisions of this article,
any provision of any applicable statute or any of the rules or regulations
of the State 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 charges preferred against the licensee and
affording a reasonable opportunity for hearing.
C.
Suspension or revocation of a license shall be in
addition to any other penalty which may be imposed for a violation
of this article.
[Adopted 6-11-2001 by Ord. No. 10-01]
It shall be unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume any alcoholic beverage on private property, except as provided for in § 71-10 below.
Any person convicted of violating the provisions
of this article shall, in accordance with the provisions of the N.J.S.A.
40:48-1, as amended, be punished by a fine not to exceed $250 for
the first offense and not to exceed $350 for any subsequent offense.
A.
In addition to the fine authorized for this offense,
the Court may suspend or postpone for six months the driving privilege
of the defendant. Upon the conviction of any person and the suspension
or postponement of that person's driver's license, 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 N.J.S.A. 40:48-1, as amended. 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.
B.
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 of
Motor Vehicles along with 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 the first and last date of the license suspension period imposed
by the Court.
C.
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.
D.
If a person convicted under this article is not a
New Jersey resident, the Court shall suspend or postpone, as appropriate,
the nonresident driving privilege of the person based on the age of
the person and submit it to the Division of Motor Vehicles on the
required report. The Court shall not collect the license of a nonresident
convicted under this article. Upon receipt of a report from the Court,
the Division of Motor Vehicles shall notify the appropriate officials
in the licensing jurisdiction of the suspension or postponement.
A.
Nothing contained in this article is intended, nor
shall it be construed, as prohibiting an underaged person from 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.
B.
GUARDIAN
RELATIVE
As used in the preceding subsection, the following
terms shall have the meaning set forth:
A person who has qualified as a guardian of the underaged
person pursuant to testamentary or Court appointment.
The underaged person's grandparent, aunt or uncle, sibling,
or any other persons related by blood or affinity.
C.
Nothing contained in this article is intended nor
shall it be construed as prohibiting possession of alcoholic beverages
by any such person while actually engaged in the performance of employment
by a person who is licensed under Title 33 of the Revised Statues,
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; provided, however,
that this article shall not be construed to preclude the imposition
of a penalty under this article, 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.
