[HISTORY: Adopted by the Mayor and Council of the Borough of Barnegat Light as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-10-1974 by Ord. No. 74-4 as Ch. V and Sec. 3-10.5 of the Revised General Ordinances]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Barnegat Light 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 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, 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.
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the Act, the rules and regulations referred to in § 54-1 and all other applicable laws of the State of New Jersey or 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.
License required. No person shall sell or distribute alcoholic beverages within the Borough without obtaining a license in accordance with the Act referred to in § 54-1 and the provisions of this article.
License fees; maximum number. The annual fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows:
[Amended 4-8-1988 by Ord. No. 88-3; 6-23-1995 by Ord. No. 95-145]
Hours of sale. No alcoholic beverage shall be sold, delivered or served to or consumed in any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m., except New Year's Day each year as hereinafter provided, and except that distilled spirits in original containers for off-premises consumption may not be sold before 9:00 a.m. or after 10:00 p.m., except Friday, Saturday and Sunday, when the hours will be 8:00 a.m. and 11:00 p.m.
[Amended 8-10-1981 by Ord. No. 81-6; 7-25-1994 by Ord. No. 94-126]
Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 2:00 a.m. and 7:00 a.m.
New Year's Day. The provisions of Subsection A shall not apply on January 1. On that day alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises during all hours, unless January 1 is a Sunday, in which case alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 12:00 noon.
Sales to certain persons. 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 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.
[Amended 7-8-1988 by Ord. No. 88-9]
It is unlawful at any time to consume any kind of alcoholic beverage upon any street, highway, alley, sidewalk, approach, step or beach or in any automobile or other vehicle parked upon any street, highway or alley or in any public building or any public place to which the public has access, except in a licensed establishment. It is also unlawful to possess alcoholic beverages on any beach located within the Borough of Barnegat Light.
Presence. No minor 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.
Purchase of alcoholic beverages by a minor. No minor shall purchase, attempt to purchase or have another purchase for him any alcoholic beverages on any premises licensed for the sale of alcoholic beverages.
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.
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 beverage to a person under 21 years, except as provided by law, or to permit a person under 21 years, except as provided by law, to remain on any premises in violation of Subsection A.
Presumption. Any parent or guardian of a minor who accompanies such minor into a 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.
Possession. No minor shall possess, serve, sell or consume any alcoholic beverage in any public place within the Borough.
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 7-16-1997 by Ord. No. 97-8]
[Adopted 8-16-2000 by Ord. No. 00-17]
It is unlawful for any person under the legal age to knowingly possess or knowingly consume an alcoholic beverage on private property, without legal authority.
The prohibitions of this article shall not apply to an underage person consuming or possessing an alcoholic beverage:
In connection with a religious observance, ceremony or rite;
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;
While actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statute of the State of New Jersey; 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.