[HISTORY: Adopted by the Mayor and Council of the Borough of Brooklawn as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-30-40 by Ord. No. 110]
[Amended 4-21-1986 by Ord. No. 7-86; Ord. No. 3-95]
No licensee shall sell, serve or 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 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 11:00 a.m.; on other weekdays between the hours of 2:00 a.m. and 7:00 a.m.; or on other Sundays between the hours of 2:00 a.m. and 11:00 a.m., provided that a licensee may sell wine and malt alcoholic beverages, in original containers, for consumption off the licensed premises between the hours of 11:00 a.m. and 6:30 p.m. on Sunday.
[Amended 5-9-1988 by Ord. No. 3-88]
Establishments where the primary business is the retail sale, service, delivery or consumption of alcoholic beverages shall be closed during the hours that sales are prohibited.
Those establishments of mixed use where the primary business is not the retail sale, service, delivery or consumption of alcoholic beverages may remain open for nonlicensed business during the hours that licensed sales are prohibited; provided, however, that the area of licensed sales is in a room separate and distinct from the area of nonlicensed business and the licensed sales area shall be locked off during nonsales hours.
[Amended 4-3-1945; 11-28-1945; 6-26-1950 by Ord. No. 122A; 5-13-1964 by Ord. No. 159; 6-25-1968; 7-14-1982 by Ord. No. 223; Ord. No 2-99; Ord. No. 6-00; 3-19-2001 by Ord. No. 4-01; 4-1-2002 by Ord. No. 2-02; 2-24-2003 by Ord. No. 1-03; 2-17-2004 by Ord. No. 1-04; 2-23-2005 by Ord. No. 1-05; 2-21-2006 by Ord. No. 3-06; 2-20-2007 by Ord. No. 1-07; 2-19-2008 by Ord. No. 1-08; 2-23-2009 by Ord. No. 1-09]
Not more than four plenary retail consumption licenses and not more than one plenary retail distribution license shall be issued and outstanding at the same time in the Borough of Brooklawn.
Not more than one club license shall be issued in the Borough of Brooklawn, and the fee for said club license is hereby fixed at $150.
[Adopted 11-12-75 by Ord. No. 191]
Any person who shall consume alcoholic beverages in the following places or under the following conditions is declared to be a disorderly person:
While in or on a public street, lane, sidewalk, public parking lot, public or quasi-public place or in any public conveyance.
In a private motor vehicle while the same is in motion or parked in any public street, lane or public parking lot.
While upon any private property not his own without the express permission of the owner or other person having authority to grant such permission.
[Added 9-5-2000 by Ord. No. 18-00]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- A person who has qualified as a guardian of the underage person pursuant to testamentary or court appointment.
- the underage person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage on private property shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense. The court may, in addition to the fine authorized for this offense, 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 this section. 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.
If a person at the time of the imposition of a sentence has a valid driver's license issued by the state, the court shall immediately collect the license and forward it to the Division 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 as the first and last date of the license suspension period imposed by the court.
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.
The court shall, of any person convicted under this section who is not a New Jersey resident, suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Division the required report. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
This section does not prohibit an underage person from consuming or possession 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.
This section does not prohibit possession of alcoholic beverages of any such person while actually engaged in the performance of employment by a person who is licensed under N.J.S.A. 33:1-1 et seq., 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 education institution; however, no ordinance enacted pursuant to this section shall be construed to preclude the imposition of a penalty under this section, N.J.S.A. 33:1-81, or any other section of law against a sale of alcoholic beverages.
Any person who shall discard alcoholic beverage containers upon any public street, lane, sidewalk, public parking lot, public or quasi-public place or upon any private property not his own without the express permission of the owner is a disorderly person.
[Amended 4-21-1986 by Ord. No. 7-86]
Any person who shall violate the provisions of this article shall, upon conviction, be punished by a fine of not more than $1,000 or be imprisoned for not more than 90 days, or both.