[Adopted 12-18-1984 as Ch. 7 of the 1984 Code]
This Article is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Bay Head 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, 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 referred to in § 66-3, and all other applicable laws of the State of New Jersey or the United States.
A. 
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be made to the Mayor and Borough Council in accordance with the act, rules and regulations referred to in § 66-3, 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 Mayor and Borough Council, who and which shall also administer the provisions of this article.
C. 
License required. No person shall sell or distribute alcoholic beverages within the Borough without having obtained a license in accordance with the act referred to in § 66-3 and the provisions of this article.
D. 
License fees. Annual license fees for selling alcoholic beverages for retail within the Borough of Bay Head shall be as set forth from time to time by the Borough Council.[1]
[Amended 5-5-1987 by Ord. No. 1987-7; 11-19-1996 by Ord. No. 1996-5]
[1]
Editor's Note: The fee schedule is on file at the office of the Municipal Clerk.
A. 
Alcoholic beverages may be sold only during the times herein specified.
B. 
On-premises consumption. Plenary consumption licensees and club licensees may sell alcoholic beverages for on-premises consumption as follows:
(1) 
Between the hours of 7:00 a.m. and 2:00 a.m. daily, except Sundays.
(2) 
Between the hours of 12:00 midnight, Saturday, and 2:00 a.m., Sunday.
(3) 
Between the hours of 8:00 a.m. and 10:00 p.m. on Sundays.
C. 
Off-premises consumption.
(1) 
Plenary consumption licenses and plenary distribution licensees may sell alcoholic beverages in original containers for off-premises consumption during the hours of 9:00 a.m. and 10:00 p.m. daily, except Sundays.
(2) 
Plenary consumption licensees and plenary distribution licensees may sell malt alcoholic beverages in original bottle or can containers only between the hours of 7:00 a.m. and 2:00 a.m. daily, except Sundays, and between the hours of 8:00 a.m. and 10:00 p.m. on Sundays.
D. 
Sale prohibited.
(1) 
No alcoholic beverages shall be sold between the hours of 2:00 a.m. and 7:00 a.m. of any weekday, including Saturday, and on Sunday, except as hereinafter provided, between the hours of 2:00 a.m. and 8:00 a.m. and between the hours of 10:00 p.m., Sunday, and 7:00 a.m., Monday. On legal holidays or the evenings thereof when such legal holiday or the eve thereof falls on Sunday, the prohibition of the sale of alcoholic beverages between the hours of 10:00 p.m., Sunday, and 2:00 a.m., Monday, shall not be in effect.
(2) 
No alcoholic beverage shall be delivered or served on any licensed premises during any period when the sale of alcoholic beverages is prohibited.
E. 
Sunday sales. Notwithstanding anything herein to the contrary, the sales of wine and liquor by package stores is hereby permitted between the hours of 9:00 a.m. and 10:00 p.m. on Sundays, in addition to as otherwise permitted herein or as otherwise permitted by law.
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 his employee to sell, serve or deliver any alcoholic beverage to a person under 21 years to remain on any premises in violation of Subsection A.
E. 
Presumption. Any adult who accompanies a 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 11-19-1996 by Ord. No. 1996-5]
Except as may be provided in N.J.S.A. 33:1-1 et seq., any person who violates any provision of this article, upon conviction thereof, shall be subject to a fine not exceeding $1,000 or imprisonment for up to 90 days or a period of community service not exceeding 90 days, or any combination thereof.