[HISTORY: Adopted by the Borough Council of the Borough of Upper Saddle River as indicated in article histories. Amendments noted where applicable.]
Public places — See Ch. 206.
Article I General Provisions
Article II Possession and Consumption
[Adopted as Ch. VI of the Revised General Ordinances, 1971]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Upper Saddle River in accordance with the provisions of an Act of the Legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages," comprising Chapter 435 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.
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the Acts, rules and regulations referred to in § 31-1 and all other applicable laws of the State of New Jersey or of the United States.
Issuing authority. All licenses required by this article shall be issued by the Borough Council, which shall also administer the provisions of this article.
The annual license fees for the licenses specified and the maximum number of such licenses which may be granted in the Borough shall be as follows:
[Amended 3-14-1985; 10-8-1997 by Ord. No. 18-97]
One plenary retail consumption license for hotel or motel premises containing at least 100 sleeping rooms shall also be permitted.
Plenary retail consumption license. No plenary retail consumption license shall sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of, any alcoholic beverages, or permit the consumption of any alcoholic beverage upon the licensed premises, on New Year's Day when it is a weekday, between the hours of 5:00 a.m. and 7:00 a.m.; on New Year's Day when it is a Sunday, between the hours of 5:00 a.m. and 12:00 noon; on other weekdays, between the hours of 3:00 a.m. and 7:00 a.m.; on other Sundays, between the hours of 3:00 a.m. and 12:00 noon.
Plenary retail distribution license.
[Added 8-11-1977; amended 5-8-1986 by Ord. No. 8-86]
A plenary retail distribution license may sell, deliver or allow, permit or suffer the sale and delivery of any alcoholic beverages on weekdays between the hours of 9:00 a.m. and 10:00 p.m. No sale or delivery shall be made on weekdays at any other time.
A plenary retail distribution licensee may sell, deliver or allow, permit or suffer the sale and delivery of any malt alcoholic beverage on Sundays between the hours of 12:30 p.m. and 6:30 p.m. No sale or deliveries shall be made on Sundays at any other time.
Closing of premises.
In the case of a plenary retail consumption license, during the hours sales are prohibited, the entire licensed premises shall also be closed, but this closing-of-premises requirement shall not apply to hotels or to restaurants as defined in N.J.S.A. 33:1-1t. In the case of a plenary retail distribution license, the section in which the sale of alcoholic beverages is made shall be closed during the hours sales are prohibited.
In the case of a plenary retail distribution license, the licensee shall provide a separate section of the building for such sales.
On premises where both sexes are served alcoholic beverages for consumption on the premises, separate toilets and washrooms must be provided for each sex, and such toilets and washrooms must at all times be maintained in a sanitary condition.
All licensed premises shall at all times be open for inspection by the Mayor, the members of the Council, the members of the police force and the Board of Health of the Borough.
[Amended 5-8-1986 by Ord. No. 8-86]
Presence. No person under the legal age for purchasing alcoholic beverages shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by his parent or guardian.
Misstating age. No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverages to a person who does not, because of his age, have the right to purchase and consume alcoholic beverages or to permit such person to remain on any premises in violation of Subsection A.
Presumption. Any parent or guardian of a person who does not, because of his age, have the right to purchase and consume alcoholic beverages who accompanies such person into a premises in which alcoholic beverages are served and who permits the person who does not, because of his age, have the right to purchase and consume alcoholic beverages to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of said person.
[Amended 5-8-1986 by Ord. No. 8-86]
No licensee or employee of the licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to an habitual drunkard or to any apparently or actually intoxicated person or to a person under the legal age for purchasing alcoholic beverages or 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.
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 or regulations of the State Director of Alcoholic Beverage Control.
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.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.
[Added 5-8-1986 by Ord. No. 8-86; amended 9-8-1988 by Ord. No. 16-88]
Except as otherwise provided in N.J.S.A. 33:1-1 et seq., the maximum penalty for violation of any provision of this article shall be in accordance with § 1-15 of this Code.
[Amended 3-7-1991 by Ord. No. 1-91; 9-5-2002 by Ord. No. 17-02]
It shall be unlawful for any person to possess any opened alcoholic beverage container or consume or distribute any alcoholic beverage in or upon any public street, roadway, sidewalk, park, playground, recreation area or parking place unless licensed by special permit for a designated time and place by the governing body.
Any person under the legal age to purchase alcoholic beverages who knowingly possesses or consumes any alcoholic beverages in or on any school property, public conveyance, public place or place of public assembly or on private property shall be in violation of this section.
The provisions of Subsection B shall not apply to persons under the legal age to purchase alcoholic beverages who possess or consume alcoholic beverages in the presence of and with the permission of the parent or legal guardian of said person, providing that said guardian is of legal age to purchase alcoholic beverages or if alcoholic beverages are being consumed in any religious observance ceremony or rite. Those persons who are under the legal age who are engaged in the employment of an establishment, place or business which serves alcoholic beverages and are required to deliver or place alcoholic beverages on display are exempt from this section for the course of their employment at that place.
Those persons who violate this section will be subject to a fine of $250 for the first offense and $350 for any subsequent offense. In addition, they will be subject to the imposition of a penalty which suspends or postpones for six months their driving privileges. Such suspension or postponement shall be in accordance with the provisions of Public Law 2000, Chapter 33.
Editor's Note: See N.J.S.A. 40:48-1.2.
Immunity from prosecution under certain circumstances.
[Added 8-5-2010 by Ord. No. 10-10]
An underage person and one or two other persons shall be immune from prosecution under this article, which prohibits any underage person from knowingly possessing or knowingly consuming an alcoholic beverage on private property without legal authority, if:
One of the underage persons calls 9-1-1 and reports that another underage person is in need of medical assistance due to alcohol consumption;
The underage person who calls 9-1-1 and, if applicable, one or two persons acting in concert with the underage person who calls 9-1-1, provides each of their names to the 9-1-1 operator;
The underage person is the first person to make the 9-1-1 report; and
The underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remain on the scene, with the person under the legal age in need of medical assistance, until assistance arrives and cooperate with medical assistance and law enforcement personnel on the scene.
[Added 5-8-1986 by Ord. No. 8-86]
Maximum penalty. For violation of any provision of this article, the maximum fine shall be in accordance with § 1-15 of this Code.
[Amended 9-8-1988 by Ord. No. 16-88]
Separate violations. Except as otherwise provided, each and every day in which a violation of any provision of this article exists shall constitute a separate violation.
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.