This article is enacted to regulate the sale and transportation of alcoholic
beverages in the Borough of Franklin 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.
[Amended 2-8-2000 by Ord. No. 2-2000; 12-12-2000
by Ord. No. 14-2000]
A. Presence. No person under the legal age for purchasing
alcoholic beverages shall be allowed in any premises where alcoholic beverages
are sold or served for consumption on the premises unless accompanied by his
parent or guardian.
B. Purchase of alcoholic beverages by a person under the
legal age for purchasing alcoholic beverages. No person under the legal age
for purchasing alcoholic beverages 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 person under the
legal age for purchasing alcoholic beverages. No person shall purchase or
attempt to purchase alcoholic beverages for a person under the legal age for
purchasing alcoholic beverages. 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 for purchasing
alcoholic beverages.
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 the legal age for purchasing alcoholic beverages to remain on any premises in violation of §
81-9A.
E. Presumption. Any parent or guardian of a minor who accompanies
such minor into a premises in which alcoholic beverages are served and who
permits the minor to possess or consume alcoholic beverages shall be presumed
to have misrepresented the age of the minor.
F. Possession. No minor shall possess, serve, sell or consume
any alcoholic beverage in any public place within the Borough.
G. Sale of distilled spirits, malt alcoholic beverages and wine at retail in original container for consumption off the licensed premises. No licensee shall sell or deliver or allow, permit or suffer the sale or delivery of any distilled spirits, at retail, in its original container for consumption off the licensed premises or allow, permit or suffer the removal of any distilled spirits, in its original or opened container, from retail licensed premises before the hours of 9:00 a.m. and after 10:00 p.m. during the week and before 8:00 a.m. and after 10:00 p.m. on Sunday of the week; except that the sale by licensees of malt alcoholic beverage and wine in an original bottle or can containers for consumption off the premises shall be permitted during such times as set forth in §
81-8A,
B and
C.
Any license issued under this article may be suspended or revoked for
violation of any of the provisions of this article or any of the provisions
of any applicable statute or any of the rules or regulations of the State
Director of Alcoholic Beverage Control. 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. Suspension or revocation of a license
shall be in addition to any other penalty which may be imposed for a violation
of this article.