[HISTORY: Adopted by the Mayor and Council of the Township of Clinton as indicated in article histories. Amendments noted where applicable.]
Public intoxication — See Ch. 201.
[Derived from Ch. VI of the 1999 Code of the Township of Clinton]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Clinton 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 the Division of Alcoholic Beverage Control.
For the purpose of this article, words and phrases herein shall have the same meaning 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, rules and regulations referred to in § 60-1, 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 Township Council which shall also administer the provisions of this article.
License required. No person shall sell or distribute alcoholic beverages within the Township without obtaining a license in accordance with the Act referred to in § 60-1 and the provisions of this article.
License fees; maximum number.
[Amended 10-22-2003 by Ord. No. 831-03]
The annual fees of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:
The provisions of this subsection with respect to the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued. The license fees shall be payable in accordance with the New Jersey Statutes Annotated, and rules and regulations promulgated by the Division of Alcoholic Beverage Control.
Hours of sale. No licensee shall sell, serve, deliver, or allow, permit or suffer the sale, service or delivery of any alcoholic beverages or permit the consumption of any alcoholic beverages on licensed premises on weekdays between the hours of 2:00 a.m. and 6:00 a.m.
Sundays. The provisions of Subsection A shall not apply on Sundays. On Sundays, no licensee shall sell, serve, deliver, or allow, permit or suffer the sale, service or delivery of any alcoholic beverages or permit the consumption of any alcoholic beverages on licensed premises between the hours of 2:00 a.m. and 9:00 a.m.
[Amended 4-22-2015 by Ord. No. 1065-15]
New Year’s Day. The provisions of Subsection A shall not apply on January 1. On that day alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 6:00 a.m. when it falls on a weekday. When January 1 falls on a Sunday, no alcoholic beverages may be sold, served, delivered or consumed between the hours of 5:00 a.m. and 9:00 a.m.
[Amended 4-22-2015 by Ord. No. 1065-15]
Sales to certain persons. No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or person under the legal age, or permit the consumption of alcoholic beverages on any licensed premises by any of the above-named persons.
Closing provisions. During the hours that the sale of alcoholic beverages are prohibited, the entire licensed premises shall be closed and no person shall be admitted or permitted to remain thereon except the licensee or bona fide employees of the licensee. During the hours that sales are hereinabove prohibited, the entire licensed premises shall be closed, but this closing requirement shall not apply to hotels or to restaurants as defined in N.J.S.A. 33:1-1t.
Sale of alcoholic beverages. No licensee shall sell, serve, deliver or allow, permit or suffer the service or delivery of any alcoholic beverage, directly or indirectly, to any person under the legal age.
Entering premises. It shall be unlawful for a person under the legal age to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage.
Consumption; purchase. It shall be unlawful for a person under the legal age to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him or her any alcoholic beverage.
Misrepresentation of age. It shall be unlawful for a person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any retail license to sell, serve or deliver any alcoholic beverage to a person under the legal age.
Violations and penalties. Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof and in accordance with N.J.S.A. 33:1-81, P.L. 1985, c. 113, shall be punished by a fine of not less than $100. In addition, the court shall suspend the person's license to operate a motor vehicle for six months or prohibit the person from obtaining a license to operate a motor vehicle in this state for six months beginning on the date he/she becomes eligible to obtain a license or on the date of conviction, whichever is later. In addition to the general penalty prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.
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.
[Adopted 7-8-2009 by Ord. No. 987-09]
For purposes of this article, the following words or terms shall mean:
- A person who has qualified as a guardian of the underaged person pursuant to a testamentary or court appointment.
- The underaged person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.
It is unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.
This article shall not prohibit an underaged person from consuming or possessing 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 article shall not prohibit the possession of alcoholic beverages by any underaged person while actually engaged in the performance of employment by a person who was licensed under Title 33 of the Revised Statutes 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 postsecondary educational institution; however, this article shall not be construed to preclude the imposition of a penalty under this article, N.J.S.A. 33:1-81 or any other section of law against a person that is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
Editor's Note: See N.J.S.A. 33:1-1 et seq.
Any person found guilty of violating the terms of this article shall be subject to a fine of $250 for a first offense and $350 for any subsequent offense. Upon a finding of guilt, the court may also suspend or postpone for six months the person's driving privileges in addition to the authorized fine. Upon the conviction of any person and suspension or postponement of the person's driver's license, the court shall forward a report to the New Jersey Motor Vehicle Commission ("Commission") stating the first and last day of the suspension or postponement imposed by the court pursuant to this section. If a person, at the time of the imposition of the 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 this sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years. If the person, at the time of the imposition of the sentence, has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Commission along with a 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 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. The 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 the written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
If the person convicted under this article is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege for the person based on the age of the person and submit to the Commission the required report. The court shall not collect the license of the nonresident convicted under this article.