[HISTORY: Adopted by the Mayor and Council of the Borough of Chester as indicated in article histories. Amendments noted where applicable.]
Article I Regulation of Sale and Transportation
Article II Underage Consumption
[Adopted 4-3-1980 as Ch. VI of the 1980 Code]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Chester 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 chapter, words and phrases herein shall have the same meanings 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 chapter shall be in accordance with the act, rules and regulations referred to in § 85-1, and all other applicable laws of the State of New Jersey or the United States.
Issuing authority. All licenses required by this chapter shall be issued by the borough, which shall also administer the provisions of this chapter.
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 § 85-1 and the provisions of this chapter.
License fees; maximum number.
[Amended by Ord. No. 81-6; Ord. No. 82-9; Ord. No. 83-15; Ord. No. 83-24; Ord. No. 84-2; Ord. No. 88-2; Ord. No. 96-06]
The annual fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the borough shall be as established in Chapter 127, Fees.
The provisions of this subsection with respect to the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued in the event the number of presently issued licenses is greater than those which are authorized to be issued.
New licenses. Nothing in this section shall prevent the issuance of a new plenary retail consumption license to a person who operates a hotel containing 100 sleeping rooms or who may hereafter construct and establish a new hotel containing at least 100 sleeping rooms.
Hours of sale. No alcoholic beverages shall be sold, delivered or served to or consumed in any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m. except Sundays and New Year's Day each year as hereinafter provided.
Sundays. Provisions of Subsection A 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 2:00 a.m. and 10:00 a.m.
New Year's Day. Provisions of Subsection A 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 7:00 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 10:00 a.m.
Christmas Day. Provisions of Subsection A shall not apply on December 25. 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 7:00 a.m. unless December 25 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 10:00 a.m.
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.
Closing provision. During the hours that the sale of alcoholic beverages are prohibited, the entire licensed premises shall also be closed and no person shall be admitted or permitted to remain therein except the licensee or bona fide employees of the licensee.
No licensee shall sell or serve any alcoholic beverages to any person under the age of 21 years of age.
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.
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 chapter.
[Adopted 8-15-2006 by Ord. No. 2006-20]
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, except as provided for in § 85-10 below.
Any person convicted of violating the provisions of this article shall, in accordance with the provisions of the N.J.S.A. 40:48-1, as amended, be punished by a fine not to exceed $250 for the first offense and not to exceed $350 for any subsequent offense.
In addition to the fine authorized for this offense, the Court may suspend or postpone for six months the driving privilege of the defendant. Upon the 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, as amended. If a person at the time of the imposition of a 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.
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.
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 N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
If a person convicted under this article is not a New Jersey resident, the Court shall suspend or postpone, as appropriate, the nonresident 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.
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; provided that, if the underaged person is found to possess or consume an alcoholic beverage in the presence of and with the permission of a relative other than a parent or guardian, the police shall notify the parent or legal guardian, by certified mail, of the incident together with the name of the relative who gave permission for the possession or consumption of the alcoholic beverage by the underaged person. The notification shall include a request that the parent or guardian acknowledge and return a copy of the letter to the Police Department within 15 days of receipt.
As used in the preceding Subsection A, the following terms shall have the meaning set forth:
- A person who has qualified as a guardian of the underaged person pursuant to testamentary or Court appointment.
- The underaged person's grandparent, aunt or uncle, sibling, or any other persons related by blood or affinity.
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 hotel management program at a county vocational school or postsecondary 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.