City of Estell Manor, NJ
Atlantic County
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Table of Contents
Table of Contents
[1]:
Laws concerning alcoholic beverage control are contained in Title 33 of the Revised Statutes. All ordinances must be in conformity with these provisions and approved by the Director of Alcoholic Beverage Control, R.S. 33:1-40, State law prescribes the types of licenses that may be issued, their number, permissible license fees and the regulation of licensed premises, R.S. 33:1-40.

5-1 Purpose.

This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the City of Estell Manor 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 R.S. 33:1-1, et seq. and in accordance with the rules and regulations of the State Director of Alcoholic Beverage Control.

5-2 Definitions.

As used in this chapter, words and phrases shall have the same meanings they have in R.S. 33:1-1, et. seq. and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.

5-3 Licenses.

5-3.1. 
Laws Applicable. All applications for licenses, all licenses issued, and all proceedings under this chapter shall be in accordance with the act, rules and regulations referred to in the previous section and all other applicable laws of the State of New Jersey or of the United States.
5-3.2. 
Issuing Authority. All licenses required by this chapter shall be issued by the common council which shall also administer the provisions of this chapter.
5-3.3. 
License Required. No person shall sell or distribute alcoholic beverages within the city without having obtained a license in accordance with the act referred to in section 5-1 and the provisions of this chapter.
5-3.4. 
License Fees; Maximum Number. The annual license fees for the sale or distribution of alcoholic beverages in the township shall be as follows:
Class of License
Annual License Fee
Number
Plenary Retail
Consumption License
$420
2
Plenary Retail
Distribution License
140
1
Club License
70
1
Nonseasonal retail consumption licenses shall be issued.

5-4 Regulations.

5-4.1. 
Hours of Operation. No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, or permit the consumption of any alcoholic beverage on licensed premises, on weekdays, between the hours of 4:00 a.m. and 5:00 a.m.
During the hours that sales are prohibited, the entire licensed premises shall also be closed and free from patrons, but the aforesaid closing of premises provisions shall not apply to hotels, or to restaurants, as defined in R.S. 33:1-1t.
5-4.2. 
Sales to Minors. No person shall sell, expose for sale, or serve any alcoholic beverage to any person under the age of 18 years. No persons under the age of 18 years shall be permitted in any room or premises, on weekdays, between the hours of 4:00 a.m. and 5:00 a.m.
5-4.3. 
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, nor 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.

5-5 Revocation of Licenses.

Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter, any provisions of any applicable statute, or any of the rules and regulations of the State Director of Alcoholic Beverage Control.
Proceedings for suspension or revocation shall be in accordance with the provisions of R.S. 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 chapter.

5-6 Possession or Consumption by Minors on Private Property.

[Added 11-3-2010 by Ord. No. 03-2010]
5-6.1. 
Underage Possession and Consumption Prohibited. It shall be unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.
5-6.2. 
Penalty. Any person violating the provisions of this section shall, in accordance with the provisions of N.J.S.A. 40:48-1 as amended, be punished by a fine of $250 for a first offense and $350 for any subsequent offense.
5-6.3. 
Additional penalties.
a. 
In addition to the line authorized for this offense, the court may 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 N.J.S.A. 40:48-1 as amended. If a person at the time of the imposition of sentences 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.
b. 
If a person at the time of the imposition of a sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Division of Motor Vehicles 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.
c. 
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.
d. 
If a person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit it to the Division of Motor Vehicles on the required report. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report for the court, the Division of Motor Vehicles shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
5-6.4. 
Exceptions.
a. 
Nothing contained in this section is intended to prohibit, nor shall it be construed as prohibiting, an underage person from 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.
b. 
As used in the preceding Subsection 5-6.4a, the following terms shall have the meanings set forth:
Guardian. A person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
Relative. The underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
c. 
Nothing contained in this section is intended to prohibit, nor shall it be construed as prohibiting, possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the New Jersey Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program or at a county vocational school or post-secondary educational institution; provided, however, that this section shall not 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 person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.