[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]
A.
No person shall consume any alcoholic beverage:
(1)
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;
(2)
In a private motor vehicle or other vehicle; or
(3)
While upon any private property not his own without
the express permission of the owner or other person having authority
to grant such permission.
B.
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.
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 § 130-3, 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 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 § 130-3 and the provisions of this article.
D.
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]
|
Class of License
|
Annual License Fee
| |
|---|---|---|
|
Plenary retail consumption license (33)
|
$2,400
| |
|
Plenary retail distribution license (44)
|
$1,036
| |
|
Limited retail distribution license (43)
|
$61
| |
|
Club licenses (31)
|
$72
| |
|
Seasonal retail consumption license (34)(35)
|
$1,800
|
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:
A.
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.
B.
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.
A.
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]
B.
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]
A.
No licensee shall sell or serve any alcoholic beverage
to any person under the age of 21 years.
B.
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.
C.
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.
A.
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.
B.
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.
C.
Suspension or revocation of a license shall be in
addition to any other penalty which may be imposed for a violation
of this article.
