[HISTORY: Adopted by the Borough Council
of the Borough of Medford Lakes as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-28-1973 by Ord. No. 108]
The Borough Council of the Borough of Medford
Lakes, being the governing body of said municipality, shall constitute
the authority for the administration of the issuance of licenses for
the sale of alcoholic beverages.
It shall be unlawful to possess, sell, distribute
or transport alcoholic beverages within the Borough of Medford Lakes
otherwise than as provided in this article and/or Title 33 of the
Revised Statutes of New Jersey entitled "Intoxicating Liquors," and
the various amendments and supplements thereunder.
[Amended 11-8-1973 by Ord. No. 111; 5-23-1991 by Ord. No.
288; 6-22-2006 by Ord. No. 520; 4-14-2010 by Ord. No. 576]
Annual license fees are hereby fixed as provided
in the Borough's Fee Schedule.[1]
A.Â
Not more than one plenary retail consumption license
shall be outstanding in the Borough of Medford Lakes at the same time.
B.Â
Not more than one club license shall be outstanding
in the Borough of Medford Lakes at the same time.
C.Â
No other kind of alcoholic beverage license shall
be issued in the Borough of Medford Lakes.
[Amended 6-22-2006 by Ord. No. 520]
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 age of 21 years, or
to allow, permit or suffer the consumption of alcoholic beverages
by any such person upon the licensed premises.
It shall be unlawful for any person 21 years
of age or over to purchase or attempt to purchase any alcoholic beverage
for or on behalf of any person under the age of 21 years.
It shall be unlawful for a person under 21 years
of 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.
It shall be unlawful for a person under 21 years
of 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.
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 licensee, or any employee of a retail
licensee, to sell, serve or deliver any alcoholic beverage to a person
under 21 years of age.
No licensee shall directly or indirectly solicit
from house to house, personally or by telephone, the purchase of alcoholic
beverages, nor allow, permit or suffer such solicitation.
No licensee shall sell, serve or deliver, nor
shall any licensee suffer and permit the sale, service or delivery
of any alcoholic beverages directly or indirectly to any person actually
or apparently intoxicated or any mental defective or habitual drunkard,
nor permit the same to congregate in or about the licensed premises.
Persons under the age of 21 years shall not
be allowed to frequent, loiter or remain in any room or rooms used
or devoted to the sale, service or consumption of alcoholic beverages
upon a licensed premises, unless accompanied by the minor's own parent,
guardian or adult husband or wife; provided, however, that this provision
shall not apply to restaurants or to guest rooms and private and public
dining rooms in hotels.
No licensee shall allow, permit or suffer in
or upon the licensed premises any known criminals, gangsters, racketeers,
pickpockets, swindlers, confidence men, prostitutes, female impersonators
or other persons of ill repute.
No licensee shall allow, permit or suffer in
or upon the licensed premises, any disturbances, audible profanity,
loud and abusive language, lewdness, immoral activities, brawls or
unnecessary noises, or allow, permit or suffer the licensed place
of business to be conducted in such manner as to become a nuisance.
The public peace, decency and good order shall
be maintained at all times in and about the licensed premises.
No licensee shall allow, suffer or permit any
lottery or raffle to be conducted, or any ticket or participation
right in any lottery or raffle to be sold or offered for sale on or
about the licensed premises, except as in accordance with the laws
of the State of New Jersey and the rules and regulations promulgated
by the State Lottery Commission and the Legalized Games of Chance
Control Commission.
A.Â
No licensee shall engage in or allow, permit or suffer
any pool selling, bookmaking or any playing for money such as faro,
roulette, rouge et noir or any unlawful game or gambling of any kind,
or any device or apparatus designed for any such purpose, on or about
the licensed premises.
B.Â
No licensee shall possess, allow, permit or suffer
on or about the licensed premises, any slot machine or device in the
nature of a slot machine which may be used for the purpose of playing
for money or other valuable thing.
No licensee shall receive, possess or sell any
alcoholic beverages transported into this state in violation of the
Rules Governing the Transportation of Alcoholic Beverages into New
Jersey promulgated or to be promulgated by the State Commissioner
of Alcoholic Beverage Control.
[Amended 6-27-1985 by Ord. No. 212; 8-9-2018 by Ord. No. 655]
A.Â
No licensee
shall sell, serve, 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 weekdays between the
hours of 2:00 a.m. and 8:00 a.m., and on Sundays between the hours
of 2:00 a.m. and 10:00 a.m., excepting New Year's Day each year, as
hereinafter provided.
B.Â
No licensee
shall sell, serve, 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 8:00 a.m., or on
New Year's Day when it is a Sunday between the hours of 5:00 a.m.
and 10:00 a.m.
C.Â
Special
events. In the case of a special event, a holder of an alcoholic beverage
control ("ABC") license may seek to serve alcoholic beverages at a
time other than those permitted above by written request to the Borough
Council, sufficiently in advance of the date of the special event
to allow the Borough time to review and act upon the request. The
request shall set forth the nature of the special event, the requested
hours for permitted sales, and any other information the license holder
deems relevant. Pursuant to this section, the Council may authorize,
in its sole discretion and by way of resolution, the ability to sell
alcoholic beverages for a set time during a special event.
No licensee shall suffer any person, other than
employees, to remain upon the licensed premises after the hour set
for closing and during the hours when the sale, delivery, service
or consumption of alcoholic beverages are forbidden; provided, however,
that this provision shall not apply to restaurants, clubs or hotels.
Licensed premises shall at all times be kept
in a safe, clean and sanitary condition. All rooms, passageways, entrances,
exits and stairways must be well lighted.
No licensee shall serve any alcoholic beverages,
or allow, permit or suffer service of any alcoholic beverages in any
room or place on the licensed premises that is not open to the public
generally; provided, however, that this regulation shall not apply
to club licensees nor shall it apply so as to prohibit a hotel licensee
from serving guests in their rooms or in private dining rooms.
All premises in which alcoholic beverages are
sold or dispensed, except guest rooms and private dining rooms in
hotels and except club licensed premises, shall be so arranged that
a full view of the interior may be had from the public thoroughfare
or from adjacent rooms to which the public is freely admitted. All
such premises shall be lighted sufficiently so that a full view of
the interior thereof may be had at all hours from the public thoroughfares
or from adjacent rooms to which the public is freely admitted.
A.Â
It shall be unlawful for any person or persons to
consume intoxicating liquor on any public place or in any motor vehicle
on any public place at any time within the Borough of Medford Lakes.
B.Â
For the purposes of this section, a "public place"
shall mean but shall not be limited to, the following: all places
commonly known as being distinctively public, such as public streets,
trails, highways, roads, sidewalks, public parking lots, municipal
buildings and all places privately owned but available for access
by the public, with or without the permission of the owner, such as
shopping areas, retail stores, office buildings, churches, parks,
beaches, playgrounds, recreational areas, vacant private property,
parking lots or areas, and restaurants, hotels or clubs not licensed
for the retail sale of alcoholic beverages.
C.Â
In the case of places privately owned, except vacant private property, the owner or owners, or any person authorized by the owner to act on his or their behalf, shall request, in writing, the Police Department of the Borough of Medford Lakes to enforce the provisions of this § 65-24 prior to this provision becoming effective so far as it relates to all places privately owned, which request shall contain permission for any member of the Police Department or any special officer of the Borough of Medford Lakes to enter upon such privately owned property for the purpose of enforcing this provision. Such request and consent shall remain in effect until revoked in writing by the same owner or owners or person acting on his or her behalf.
D.Â
There shall be a rebuttable presumption against each and every person charged with this offense of consumption of alcoholic beverages in a public place or a motor vehicle as set forth in Subsection A if that person is knowingly in possession of an open container which contains or recently contained an alcoholic beverage.
E.Â
A temporary exemption from these regulations may be allowed on public or private property covered under this article upon written request. In making such a request, an individual or individuals must be identified as being in charge of the event and list the date, time, location and nature or purpose of the event. Alcoholic beverages may be consumed at certain events with the written permission of the property owner and approval by resolution of the Borough Council. Such exemptions will be limited to the immediate location, day and time of the event and all other state and local alcoholic beverages laws remain in effect. Any individual or individuals found to be in violation of this section are subject to the penalties outlined under § 65-26 of this article.
[Added 5-27-2009 by Ord. No. 562]
A copy of this article must be displayed conspicuously
in a place convenient for inspection in the main business room on
the licensed premises.
A.Â
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under the general penalty provisions found at § 1-15 of this Code. This, however, shall not apply against any municipal employee or officer that authorizes action by permit or otherwise in the ordinary course of their duties.
[Amended 4-23-2014 by Ord. No. 615]
B.Â
Any license issued pursuant to this article may be
revoked or suspended for violation of any of the provisions of this
article or for violation of any of the provisions of Title 33 of the
Revised Statutes of New Jersey entitled "Intoxicating Liquors," and
the various amendments and supplements thereunder, or of any of the
rules and regulations promulgated or to be promulgated by the State
Commissioner of Alcoholic Beverage Control.
[Adopted 9-14-2000 by Ord. No. 462]
The purpose of this article is to provide for
the enforcement of P.L. 2000, c. 33 (N.J.S.A. 40:48-1.2).
As used in this article, the following terms
shall have the meanings indicated:
A person who has qualified as a guardian of the underaged
person pursuant to testamentary or court appointment.
The underaged person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
A.Â
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.
[Amended 11-9-2000 by Ord. No. 464]
B.Â
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.
C.Â
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, 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.
D.Â
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.
E.Â
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.
A.Â
This article does 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.
B.Â
This article does not prohibit 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 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 post secondary educational institution; however,
no ordinance enacted pursuant to this section shall 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 who is convicted of unlawful
alcoholic beverage activity on or at premises licensed for the sale
of alcoholic beverages.
