[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]
A.
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.
B.
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]
A.
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.
B.
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:
A.
While in or on a public street, lane, sidewalk, public
parking lot, public or quasi-public place or in any public conveyance.
B.
In a private motor vehicle while the same is in motion
or parked in any public street, lane or public parking lot.
C.
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]
A.
GUARDIAN
RELATIVE
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.
B.
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.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
C.
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.
D.
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.
