[HISTORY: Derived from the Revised General Ordinances of the Borough of Fort Lee, 1978, adopted 3-1-1979, as indicated in article histories. Amendments noted where applicable.]
[Derived from Ch. III, Sec. 3-10, of the 1978 Code]
[Amended 2-12-2004 by Ord. No. 2004-3]
No person shall consume any alcoholic beverage:
While in or on a public street, lane or sidewalk, public parking lot, public or quasi-public place other than a place licensed to sell alcoholic beverages and dispense alcoholic beverages for consumption on the premises, or in public conveyance;
In a private motor vehicle or other vehicle; or
While upon any private property not his own without the express permission of the owner or other person having authority to grant such permission.
A person may consume any alcoholic beverage in a bring your own bottle licensed restaurant (BYOB) facility. However, the BYOB facility must follow all applicable state laws as well as all Fort Lee ordinances regarding the operation of an alcoholic beverage establishment.
Notwithstanding the provisions in § 130-1, the Borough Council may, by resolution, permit the possession or consumption of alcoholic beverages in a designated public park, street, building or other public place at a designated time or times in connection with a specific event, series of events or observance which has been authorized by the Borough Council.
[Derived from Ch. VI of the 1978 Code]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Fort Lee 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.
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 § 130-3, and all other applicable laws of the State of New Jersey or the United States.
Issuing authority. All licenses required by this article shall be issued by the Borough Council, which shall also administer the provisions of this article.
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 § 130-3 and the provisions of this article.
License fees. The annual fees of licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows:
[Amended 9-13-2001 by Ord. No. 2001-43; 9-11-2003 by Ord. No. 2003-30]
No alcoholic beverages shall be sold, delivered or served to or consumed in any licensed premises on any day between the hours of 3:00 a.m. and 8:00 a.m., except Sundays and New Year's Day each year as hereinafter provided.
Provisions of § 130-6 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 3:00 a.m. and 12:00 noon.
Provisions of § 130-6 shall not apply on January 1. On that day alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises from the hours of 5:00 a.m. and 8:00 a.m. unless January 1 is a Sunday, in which case alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 12:00 noon.
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, or 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.
During the hours sales of alcoholic beverages are hereinabove prohibited, the entire licensed premises shall also be closed and no person shall be admitted or permitted to remain therein other than the licensee or his bona fide employees except if any establishment meets either of the following criteria:
The establishment, through annual reports filed by it with the Police Department of the Borough of Fort Lee, and sworn to by an officer, partner or proprietor, as applicable, certifies that 25% or less of the gross revenue for the preceding calendar year was generated through the sale of alcoholic beverages.
The area or areas in which food and nonalcoholic beverages are served are in a room or rooms separate from any bar, bars or other areas where alcoholic beverages are dispensed or stored, or such bar, bars or other areas are secured in such manner as to prohibit access to entrances, exits, restrooms, kitchen and other facilities for the preparation and service of food without entering an area or room where alcoholic beverages are stored in an unsecured manner; and all rooms or facilities for the storing or dispensing of alcoholic beverages are secured so as to prohibit access to said alcoholic beverages after 3:00 a.m. and until the permitted opening hour.
No licensee shall sell or deliver or allow, permit or suffer the sale or delivery of any alcoholic beverage, at retail, in the original container for consumption off the licensed premises or allow, permit or suffer the removal of any alcoholic beverage in its original or opened container from retail licensed premises on Sundays before 10:00 a.m. or after 8:00 p.m. and before 9:00 a.m. or after 10:00 p.m. on any other day of the week; except that, whenever the sale of alcoholic beverages for consumption on the premises and off the premises, or either thereof, is authorized by ordinance or rule or regulation of the Division of Alcoholic Beverage Control by the holder of a retail consumption or retail distribution license, such ordinance or rule shall authorize the sale by such licensees of wine and malt alcoholic beverages, in original bottle or can containers for consumption off the premises on the same days and during the same hours as the sale of alcoholic beverages for consumption on the premises, pursuant to N.J.S.A. 33:1-40.3.
[Amended 12-13-2018 by Ord. No. 2018-15]
When Christmas Eve (December 24) and New Year's Eve (December 31) fall on a Sunday, alcoholic beverages shall be permitted to be offered for sale in original containers, at retail, until 8:00 p.m.
[Amended 5-9-2002 by Ord. No. 2002-18]
No licensee shall sell or serve any alcoholic beverage to any person under the age of 21 years.
Any person under the legal age to purchase alcoholic beverages who knowingly possesses or consumes any alcoholic beverage in or on any school property, public conveyance, public place or place of public assembly or on private property shall be in violation of this article. Upon conviction, such underage person shall be subject to a fine of $250 for a first offense and $350 for any subsequent; perform community service for a period not to exceed 180 days; at the discretion of the Court, have a New Jersey driving privilege suspended or postponed for six months; and, if considered necessary by the Court, be referred to an alcoholic treatment program at the defendant's expense.
This article shall not apply to persons under the legal age to purchase alcoholic beverages who possess or consume alcoholic beverages in the presence of and with the permission of a parent or legal guardian of said person, provided said guardian is of legal age to purchase alcoholic beverages, or if the alcoholic beverage is being consumed in any religious observance, ceremony or rite. This article shall not apply to possession of an alcoholic beverage by an underage person employed by an alcoholic beverage licensee in the course of performing employment duties.
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 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 a service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for a 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.