[Derived from Ch. V of the 1975 Code]
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.
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 § 81-5 and all other 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 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 obtaining a license in accordance with the Act referred to in § 81-5 and the provisions of this article.
D. 
License fees; maximum number.
(1) 
The annual fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows:
Class of License
Number of
Licenses
Annual License Fee
Plenary retail consumption license
10
All fees shall be as set forth in Chapter 119,
Plenary retail distribution license
4
Fees
Club license
3
(2) 
The provisions of this Subsection D with respect to the limitation on the number licenses shall not apply to the renewal or transfer of licenses presently issued.
A. 
Hours of sale. No alcoholic beverages shall be sold, served or delivered to for consumption or be consumed in any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m., except Sundays as hereinafter provided.
B. 
Sundays. Provisions of § 81-8A shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to for consumption or be consumed in the licensed premises between the hours of 2:00 a.m. and 8:00 a.m.
[Amended 2-8-2000 by Ord. No. 2-2000]
C. 
New Year's Day. On New Year's Day, alcoholic beverages may not be sold, served, delivered to for consumption or be consumed in the licensed premises between the hours of 5:00 a.m. and 7:00 a.m. unless January 1 is a Sunday, in which case no alcoholic beverage may be sold, served, delivered to for consumption or be consumed in the licensed premises between the hours of 5:00 a.m. and 8:00 a.m.
[Amended 2-8-2000 by Ord. No. 2-2000]
D. 
Sales to certain persons. 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.
E. 
Attire and conduct of personnel and entertainers. No licensee shall employ, permit or suffer any barmaid, bartender, waiter, waitress or any other person who may be seen by any of the patrons of any licensed establishment to appear or work in the presence of such patrons dressed in such manner that their breasts or the lower part of their torso is either exposed, uncovered or so thinly covered or draped so as to appear uncovered, nor shall any licensee permit any such person to perform in a suggestive, lascivious, wanton or salacious manner.
[Added 5-14-1991 by Ord. No. 11-91]
[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.