[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.
A.
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.
B.
Issuing authority. All licenses required by this article
shall be issued by the Borough Council, which shall also administer the provisions
of this article.
C.
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.
D.
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]
|
Class of License
|
Annual License Fee
|
Number of Licenses
| |
|---|---|---|---|
|
Plenary retail consumption
|
$2,000
|
Number permitted by law
| |
|
Plenary retail distribution
|
$1,500
|
Number permitted by law
|
A.
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]
B.
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.
C.
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.
D.
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.
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 his parent or guardian.
B.
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.
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 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.
E.
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.
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 or 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.
[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:
A.
In connection with a religious observance, ceremony or
rite;
B.
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;
C.
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
D.
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.
