[HISTORY: Adopted by the Mayor and Council of the Borough of Chester
as indicated in article histories. Amendments noted where applicable.]
[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.
A.
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.
B.
Issuing authority. All licenses required by this chapter
shall be issued by the borough, which shall also administer the provisions
of this chapter.
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 § 85-1 and the provisions of this chapter.
D.
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]
(1)
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.
(2)
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.
E.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
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 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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
GUARDIAN
RELATIVE
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.
C.
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.