[HISTORY: Derived from the 1969 Revised General Ordinances
of the Borough of Spotswood (adopted by the Borough Council 5-11-1970 by Ord. No.
278, as amended through 9/94) as indicated in article
histories. Subsequent amendments noted where applicable.]
[Derived from Ch. VIII of the 1969 Revised General Ordinances]
This article is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Spotswood 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 purposes of this article, words and phrases herein shall
have the same meanings as they have in N.J.S.A. 33:1-1 et seq., and
in 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 the previous section
and all other applicable laws of the State of New Jersey or of the
United States.
B.
Issuing authority. All licenses required by this article shall be
issued by the Borough 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 having obtained a license in accordance with the Act referred to in § 40-1 and the provisions of this article.
[Amended 11-1-1999 by Ord. No. 1999-589]
No alcoholic beverages shall be sold, served, consumed in or
delivered to any licensed premises:
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 and 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 a 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.
A.
Restrictions. No plenary retail consumption license or plenary retail
distribution license shall be issued, or a place-to-place transfer
of an existing license granted, for the sale of alcoholic beverages
upon premises which are within 500 feet of any existing premises licensed
for the sale of alcoholic beverages under another plenary retail consumption
or plenary retail distribution license. The distance shall be measured
from the nearest entrance of the nearest licensed premises to the
nearest entrance of the premises sought to be licensed in the normal
way that a pedestrian would properly walk, as provided in N.J.S.A.
33:1-76.
B.
Exceptions. Subsection A shall not apply in the following cases: a transfer or a sale of any existing license which is presently located within 500 feet of another licensed premises, except that such distance shall be established as a minimum distance for the purpose of future grants and transfers of that particular license.
C.
Limited licenses. When, and if, the State of New Jersey permits the
sale of alcoholic beverages, including but not necessarily limited
to beer, ale and wine, by retail food stores without the necessity
of securing a retail license as heretofore required, such stores permitted
to sell such alcoholic beverages shall adhere to the five-hundred-foot
minimum distance above stated from any existing alcoholic retail sales
license presently in existence. Where two retail food stores are within
500 feet of each other and/or a presently existing plenary license
and not within 500 feet of any existing plenary retail sale license,
the Borough Council, in its discretion, shall decide which of either
or whether both food stores shall be permitted to sell the alcoholic
beverages. In deciding competing applications, the Borough Council
shall consider the location of the applicant to schools, churches
and residential zones, the location of such store, physical condition
of the store and the absence of violations of the existing Health
and Building Codes. In the event a food store qualifies for such sale,
then no more than 10% of the selling area shall be devoted to the
sale of alcoholic beverages.
[Derived from Sec. 6-11 of the 1969 Revised General Ordinances]
No person shall drink, imbibe, or consume any alcoholic beverages
in or upon:
A.
A public street, lane, roadway, avenue, sidewalk, public parking
place, park, playground, recreation area or any other public or quasi-public
place.
B.
A public conveyance.
C.
A private motor vehicle while the same is in motion or parked in
any public street, lane, public parking lot, or public or quasi-public
place.
D.
Any private property, not his or her own, without the express permission
of the owner or other person having authority to grant such permission.
For the purpose of this article, the following terms shall have
the meanings indicated:
Any fluid or solid capable of being converted into a fluid,
suitable for human consumption, and having an alcoholic content of
more than 1/2 of 1% by volume, including alcohol, beer, lager beer,
ale, porter, naturally fermented wine, treated wine, blended wine,
fortified wine, sparkling wine, distilled liquors, blended distilled
liquors and any brewed, fermented or distilled liquors fit for use
for beverage purposes or any mixture of the same, and fruit juices.
Notwithstanding the provisions contained in § 40-7, the Borough Council of the Borough may, by resolution, permit the possession or consumption of alcoholic beverages in a designated park, recreation area or other public place at a designated time or times in connection with a special event, series of events or observance which has been authorized by the Borough Council, which possession or consumption of alcoholic beverages shall, in addition, comply with any applicable ordinances, laws or regulations.
[Added 6-24-2007 by Ord. No. 2007-08]
A.
GUARDIAN
RELATIVE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A person who is qualified as a guardian of the underage person
pursuant to testamentary or court appointment.
An underage person's parent, grandparent, aunt, uncle,
sibling, first cousin or closer relative by blood, marriage or adoption
who has attained the legal age to purchase and consume alcoholic beverages.
B.
Violations; exceptions. Any person under the legal age to purchase
and consume alcoholic beverages who, without legal authority, knowingly
possesses, orders, purchases, serves or consumes alcoholic beverages
or who is under the influence of alcoholic beverages within the municipal
boundary of the Borough of Spotswood shall be in violation of this
section and subject to the penalties hereof. This section shall not
apply to an underage person 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 section
shall not apply to any underage person while actually engaged in the
performance of employment by a person who is licensed under Title
33 of the New Jersey 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 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.
C.
Penalties; fines.
(1)
The fine for such an offense under this section shall
be $250 for a first offense and $350 for any subsequent offense.
(2)
The court may further suspend or postpone for six months the driving
privilege of the defendant in addition to the fine authorized for
this offense. 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 the sentence is imposed
and shall run for a period up to six months after the defendant reaches
the age of 17 years. If a person at the time of the imposition of
such sentence under this section has a valid driver's license
issued by the state, the court shall immediately collect the license
and forward same to the New Jersey Motor Vehicle Commission with the
report.
