[HISTORY: Adopted by the Mayor and Council of the Borough of Glen Gardner: Art. I, 3-17-1981; Art. II, 11-5-1985 by Ord. No. 85-8. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 121.
[Adopted 3-17-1981]
This article is enacted under the authority granted by N.J.S.A. 33:1-1 et. seq., "An Act Concerning Alcoholic Beverages," being Chapter 436, P.L. 1933, as supplemented and amended, and in accordance with the rules and regulations promulgated by the Director of the Division of Alcoholic Beverage Control of the State of New Jersey and other applicable laws of the State of New Jersey.
For the purposes of the article, words and phrases herein shall have the same meanings as they have 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.
The Mayor and Borough Council of the Borough of Glen Gardner, being the governing body of said municipality, shall constitute the authority for the issuance of licenses and to otherwise administer the provisions of this article.
It shall be unlawful to sell or distribute alcoholic beverages in the Borough of Glen Gardner without a valid license currently in effect, or contrary to the provisions of this article or applicable state laws and regulations.
The number of licenses permitted for each class of license shall be determined according to the procedure established by the Division of Alcoholic Beverage Control, based on current population figures for the Borough of Glen Gardner, provided that nothing herein contained shall prevent the renewal of any existing plenary retail consumption licenses outstanding, nor transfers thereof, nor the renewal of such licenses so transferred, in accordance with state laws and regulations, and provided further that nothing contained herein shall prevent the issuance of at least one plenary distribution license by the Borough Council in accordance with New Jersey laws and regulations.
A. 
There shall be three classes of licenses issued in the Borough of Glen Gardner, as follows:
(1) 
Plenary retail consumption.
(2) 
Plenary retail distribution.
(3) 
Club.
B. 
Annual fees for plenary retail consumption license shall be raised by no more than 20% per year to the level of $2,500 according to the following schedule:
[Amended 5-19-2015 by Ord. No. 2015-05]
Year
Annual Fee
July 1, 2015
$2,250
July 1, 2016
$2,500
C. 
Annual fees for plenary retail distribution license shall be raised by no more than 20% per year to the level of $2,500 according to the following schedule:
[Amended 5-19-2015 by Ord. No. 2015-05]
Year
Annual Fee
July 1, 2015
$2,250
July 1, 2016
$2,500
D. 
The annual fee for a club license shall be $100.
A. 
No alcoholic beverages shall be sold, served, delivered or consumed on any licensed premises between the hours of 2:00 a.m. and 7:00 a.m. on all days, except as hereinafter provided.
B. 
Exception. On December 31, licensed premises may remain open for the sale, serving, delivery and consumption of alcoholic beverages until the hour of 5:00 a.m. on January 1, the succeeding day. At no other time and upon no other occasion may licensed premises remain open during the closing hours specified in Subsection A of this section.[1]
[1]
Editor's Note: Former Subsection C, Retail package sales hours, which immediately followed this subsection, was deleted 6-3-1981.
C. 
Closing of premises. During the hours that sales are prohibited by this section, the entire licensed premises shall be closed. This provision shall not apply, however, to bona fide hotels, bona fide restaurants as defined in N.J.S.A. 33:1-1(t), bona fide clubs and other establishments where the principal business activity is other than the sale of alcoholic beverages. Such establishments may remain open during the prohibited hours in order to carry on normal business activities, except the sale of alcoholic beverages. If such premises remain open, however, the bar and any other place upon the licensed premises from which the sale or service of alcoholic beverages is made shall be closed, and no alcoholic beverages shall be sold, served, delivered or consumed therein.
D. 
Election Day. Sales of alcoholic beverages shall be permitted on Election Days during the same hours the licensed premises would normally be open.
No licensee shall sell, serve or deliver or allow or permit the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any person under the age of 19 years or to any person actually or apparently intoxicated, or allow or permit the consumption of any alcoholic beverage by any such person in or upon the licensed premises.
A. 
Any violation of the provisions of the article shall be punishable by a fine not exceeding $1,000, imprisonment for a term not to exceed 90 days and/or a period of community service not to exceed 90 days. Each day that the violation continues to exist shall constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In addition to the penalties above prescribed, the Borough Council of the Borough of Glen Gardner shall have the power to suspend or revoke the license of any person for violation of any of the provisions of this article, or of any of the provisions of the alcoholic beverage statutes of the State of New Jersey or of any of the rules and regulations of the Division of Alcoholic Beverage Control of the State of New Jersey.
[Adopted 11-5-1985 by Ord. No. 85-8]
As used in this article, the following terms shall have the following meanings:
PUBLIC PLACE
Any place to which the public has access and shall include any street, highway, road, alley or sidewalk. It shall also include the front or the neighborhood of any store, shop, restaurant, tavern or other place of business and public grounds, areas, parks as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this article, or in any case of a minor, not owned by or under control of his or her parent or guardian.
A. 
No person shall consume or offer for consumption any alcoholic beverage in or upon any public street, road, alley, sidewalk, parking lot, or in or on any property owned by the Borough of Glen Gardner, or by any other municipal, county, state or federal government, nor in or on any property not his or her own without the express permission of the owner thereof, or other person having authority to grant such permission.
B. 
No person shall possess any alcoholic beverages in, on or upon any of the places prohibited in Subsection A hereof, unless the same is contained within a closed and sealed container.
No person shall discard alcoholic beverage containers upon any public street, lane, sidewalk, public parking lot, public or quasi-public place or upon any private property not his or her own without the express permission of the owner.
Notwithstanding the provisions of §§ 49-11 and 49-12 of this article, the Mayor and Council may by resolution permit the possession or consumption of alcoholic beverages in a public or quasi-public place other than a place licensed to sell and dispense alcoholic beverages for consumption on the premises where the permission of the owner of such public or quasi-public place has been obtained and where such possession or consumption shall be in connection with a designated time or times for a specific event, series of events or observance which has been authorized by the governing body.
Any violation of the provisions of this article shall be punishable by a fine not exceeding $1,000, imprisonment for a term not to exceed 90 days and/or a period of community service not to exceed 90 days. Each day that the violation continues to exist shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).