City of Northfield, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Northfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 140.
Drug-free school zones — See Ch. 148.
Parental responsibility — See Ch. 244.
[Adopted 12-9-1950 by Ord. No. 16-1950; amended in its entirety 4-20-1982 by Ord. No. 4-82 (Ch. 48 of the 1974 Code)]

§ 91-1 License fees.

[Amended 5-28-1985 by Ord. No. 10-85; 5-19-1987 by Ord. No. 9-87; 4-17-1990 by Ord. No. 8-90; 3-7-2000 by Ord. No. 2-2000; 12-16-2003 by Ord. No. 11-2003; 8-14-2007 by Ord. No. 8-2007; 8-10-2010 by Ord. No. 10-2010]
The annual fee for a plenary retail consumption license and/or a plenary retail distribution license shall be $2,500. The annual fee for a club license shall be $150.

§ 91-2 Permitted licenses; prohibitions.

A. 
No more than two plenary retail consumption licenses shall be issued in the City of Northfield.
[Amended 11-21-2006 by Ord. No. 16-2006]
B. 
[1]No more than one club license shall be issued and outstanding in the City of Northfield.
[1]
Editor's Note: Former Subsection B, prohibiting the issuance of plenary retail distribution licenses, was repealed 7-13-2010 by Ord. No. 7-2010.
C. 
No limited retail distribution license shall be issued in the City of Northfield.

§ 91-3 Hours of sale.

A. 
No licensee shall sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of, any alcoholic beverages nor permit the consumption of any alcoholic beverage upon the licensed premises on New Year's Day, when it is a weekday, between the hours of 5:00 a.m. and 11:00 a.m.; on other weekdays between the hours of 3:00 a.m. and 8:00 a.m.; and on other Sundays between the hours of 3:00 a.m. and 11:00 a.m. At all such hours when such sale would otherwise be permitted on the premises, the licensee shall be permitted on all days, inclusive of Sundays, to sell for off-premises consumption beer, wine and distilled spirits so long as the sale of same is in compliance with all applicable state laws.
B. 
During the hours that sales are prohibited, the entire licensed premises shall also be closed, but the closing-of-premises requirement shall not apply to hotels and restaurants as defined in N.J.S.A. 33:1-1t nor to clubs as set forth in Paragraph 5 of N.J.S.A. 33:1-12 and State Regulation No. 7, or any applicable amendments thereto.

§ 91-4 Persons under legal age.

[Added 3-21-1989 by Ord. No. 6-89]
A. 
Presence. No person under the legal age shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises, unless accompanied by that person's parent or guardian. However, a person under the legal age may enter any licensed premises in the regular pursuit of his or her business, trade or occupation or to purchase food or to be a guest in a bona fide hotel or restaurant.
B. 
Purchase of alcoholic beverages by a person under the legal age. No person under the legal age shall purchase, attempt to purchase or have another purchase for that person any alcoholic beverages on any premises licensed for the sale of alcoholic beverages.
C. 
Purchase of alcoholic beverages for a person under the legal age. No person shall purchase or attempt to purchase alcoholic beverages for a person under the legal age. 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 person under the legal age.
D. 
Misstating age. No person shall misstate his or her age or the age of another person for the purpose of inducing any licensee or the licensee's employee to sell, serve or deliver any alcoholic beverages to a person under the legal age or to permit a person under the legal age to remain on any premises in violation of Subsection A.
E. 
Presumption. Any parent or guardian of a person under the legal age who accompanied such person under the legal age into a premises in which alcoholic beverages are served and who permits the person under the legal age to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of the person under the legal age.
F. 
Possession. Nothing in this section shall apply to possession of alcoholic beverages by any person while actually engaged in the performance of employment pursuant to an employment permit issued by the Director of Alcoholic Beverage Control or for a bona fide hotel or restaurant, in accordance with the provisions of N.J.S.A. 33:1-26.

§ 91-5 Possession in public places restricted.

[Added 3-21-1989 by Ord. No. 6-89; amended 6-24-2014 by Ord. No. 4-2014]
No person shall be in, at or upon any place to which the public has access, including, but not limited to, public streets, highways, roads, thoroughfares, sidewalks, bridges, alleys, plazas, beaches, parks, bike paths, any areas used for recreation, amusement or shopping, public transportation facilities, vehicles used for public transportation, parking lots or any other public buildings, structures or areas in the City not licensed for the sale, service or delivery of alcoholic beverages or in any automobile or other vehicle upon any street, highway or alley with an open bottle, can, container or other receptacle which contains or recently contained an alcoholic beverage.

§ 91-6 Revocation of license.

[Added 3-21-1989 by Ord. No. 6-89]
A. 
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter 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. 33:1-1 et seq. by service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing. Any suspension or revocation shall carry the penalties and prohibitions provided in the statutes referred to herein.
[Amended 4-24-2012 by Ord. No. 3-2012]
C. 
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.

§ 91-7 Violations and penalties.

[Amended 3-21-1989 by Ord. No. 6-89]
A. 
Any licensee who shall violate or fail to comply with the provisions of this chapter shall, upon conviction, have his, her or its license subject to such penalties as provided by law.
B. 
A violation of this chapter by any person other than a licensee shall, upon conviction thereof, be punishable by a fine as set forth in Chapter 1, General Provisions, § 1-15.
[Amended 4-24-2012 by Ord. No. 3-2012]
[Adopted 6-24-2014 by Ord. No. 3-2014]

§ 91-8 Underaged possession or consumption.

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.[1]
[1]
Editor's Note: See also § 91-4, Persons under legal age.

§ 91-9 Violations and penalties.

A. 
Any person violating the provisions of this article shall, in accordance with the provisions of N.J.S.A. 40:48-1.2, be punished by a fine of $250 for a first offense and $350 for any subsequent offense.
B. 
In addition to the fine authorized for this offense, the Court may suspend or postpone for six months the driving privileges of the defendant. Upon 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. 40:48-1.2. If a person at the time of the imposition of 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. 
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.
D. 
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 written notice in writing. Failure to receive written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
E. 
If a person convicted under this article is not a New Jersey resident, the Court shall suspend or postpone, as appropriate, the nonresidential 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 article. Upon receipt of a report from the Court, the Division of Motor Vehicles shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

§ 91-10 Exceptions; definitions.

A. 
Nothing contained in this article is intended, nor shall it be construed, as prohibiting 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. 
As used in this article, the following terms shall have the meaning set forth:
GUARDIAN
A person who has qualified as a guardian of the underaged person pursuant to testimony 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 article is intended, 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 Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or a hotel management program at a county vocational school or post-secondary educational institution; provided, however, that 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 who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.