[Adopted by Ord. No. 1975-4 as Chapter VI of the Revised
General Ordinances]
This article is enacted to regulate the sale and transportation of alcoholic
beverages in the Borough of Wrightstown 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, 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
of the Director of the Division of Alcoholic Beverage Control.
A.
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 § 29-1, and all 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 Council, which shall also administer the
provisions of this article.
C.
License required. No person shall sell or distribute alcoholic beverages within the borough without obtaining a license in accordance with the act referred to in § 29-1 and the provisions of this article.
D.
License fees. The annual fees for the sale or distribution
of alcoholic beverages in the borough shall be as follows:
[Amended by Ord. No. 1996-5]
|
Class of License
|
Annual Fee
| |
|---|---|---|
|
Plenary retail consumption license
|
$720
| |
|
Plenary retail distribution license
|
$720
|
E.
The provisions of New Jersey's State Limitation Law and
as the same may be hereafter amended shall control the number of and the issuance
of plenary retail consumption licenses and plenary retail distribution licenses.
[Amended by Ord. No. 1996-5; Ord. No. 1979-4; Ord. No. 1996-5]
A.
Hours of sale. No alcoholic beverages shall be sold,
delivered or served to or consumed in any licensed premises on any day between
the hours of 4:00 a.m. and 7:00 a.m. except New Year's Day, each as hereinafter
provided.
B.
New Year's Day. 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 from the hours of 5:00 a.m. and 7:00 a.m.
C.
Sales to certain persons.
(1)
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 or persons,
or permit any such persons to congregate in or about the licensed premises.
(2)
During the hours sale of alcoholic beverages are hereinabove
prohibited, the entire licensed premises shall also be closed and no person
shall be admitted or permitted to remain therein except the licensee or bona
fide employees of the licensee.
D.
Consumption of alcoholic beverages in unlicensed premises
prohibited. No person owning or operating any restaurant, dining room or other
public place where food or liquid refreshments are sold or served to the general
public, and for which place license or permit authorizing the sale of alcoholic
beverages for on-premises consumption has not been issued, shall permit, allow
or suffer the consumption of alcoholic beverages at such restaurant, dining
room or public place.
A.
Presence. No minor shall be allowed in any premises where
alcoholic beverages are sold or served for consumption on the premises.
B.
Purchase of alcoholic beverages by a minor. No minor
shall purchase, attempt to purchase, or have another purchase for him any
alcoholic beverages 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 18 years or to permit a person under 18 years to remain on any premises in violation of Subsection A.
E.
Possession. No minor shall possess, serve, sell or consume
any alcoholic beverages 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.
