[HISTORY: Adopted by the Mayor and Council of the Borough of Red Bank as indicated in article histories. Amendments noted where applicable.]
Article I Licensing and Regulations
Article II Sale, Consumption and Possession in Public
[Adopted as Ch. VI of the 1987 Revised General Ordinances]
[Added by Ord. No. 1987-8]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Red Bank 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.
[Added by Ord. No. 1987-8]
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.
[Added by Ord. No. 1987-8; amended by Ord. No. 1990-13; Ord. No. 1993-16; Ord. No. 1999-1; Ord. No. 2001-8; Ord. No. 2003-09; Ord. No. 2004-7]
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 § 219-1 of this article, 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 Mayor and Council, 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 § 219-1 of this article and the provisions of this chapter.
The annual fees of licenses for the sale and distribution of alcoholic beverages in the Borough shall be as follows:
Plenary retail consumption license: $2,500.
Plenary retail distribution license: $2,500.
Club license: $188.
The provisions of this chapter with respect to the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued.
The provisions of New Jersey's State Limitation Law, as provided in Chapter 72 of the Laws of 1960 and as the same may be hereafter amended, shall control the number of and the issuance of plenary retail consumption licenses and plenary retail distribution licenses.
[Amended 9-11-2013 by Ord. No. 2013-20]
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 of this section 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 9:00 a.m.
New Year's Day. Provisions of Subsection A of this section 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 4:00 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 12:00 noon.
Sales to certain persons. No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or person under the legal age, nor permit the consumption of alcoholic beverages on any licensed premises by the persons named above.
Closing provision. During the hours in which 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 except the licensee or bona fide employees of the licensee.
Sale of beverages in original container. No licensee shall sell or deliver, or allow, permit the sale or delivery of any alcoholic beverage at retail in its original container for consumption off the licensed premises, or allow, or permit the removal of any alcoholic beverage in its original or opened container from retail licensed premises before 9:00 a.m. or after 10:00 p.m. on any day of the week.
Inspections. Any police officer of the Borough shall be permitted by the licensee to inspect the licensed premises or any part thereof, at all times.
[Amended by Ord. No. 308-73; Ord. No. 75-13; Ord. No. 1-81; Ord. No. 1-83]
Purchase of alcoholic beverages by a person under the legal age. No person under the legal age shall purchase, attempt to purchase, or have another purchase for him any alcoholic beverages on any premises licensed for the sale of alcoholic beverages.
Purchase of alcoholic beverages for a person under the legal age. No person shall purchase or attempt to purchase alcoholic beverages for a person under the legal age. It shall be unlawful for any person to induce or attempt to induce any licensee or any employee of a licensee to sell, serve or deliver alcoholic beverages to a person under the legal age.
Misstating age. No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage to a person under the legal age.
Possession. No person under the legal age shall possess, serve, sell or consume any alcoholic beverages in any public place within the Borough.
Persons under 21 unaccompanied by adults prohibited at licensed premises. No persons under the age of 21 shall enter any premises licensed for the plenary sale of alcoholic beverages unless accompanied by his or her parent, or legal guardian. This shall not apply to minors who are guests at bona fide hotels, motels or restaurants, or who enter a licensed premises where food is sold, for the purpose of purchasing food, or who are required to enter a licensed premises in the course of their business or occupation. A licensee may sponsor a "teen night," "teenaged dance" or other similar event, limited to individuals age 16 and over, on the condition that no alcoholic beverages are sold or consumed on the premises during such events.
[Added 2-23-2009 by Ord. No. 2009-5]
[Amended by Ord. No. 192-68]
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 service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for 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.
Registration and fingerprinting of employees. Every person, partnership or corporation holding any plenary retail consumption license, or plenary retail distribution license, issued, or to be issued, in the Borough and dispensing alcoholic beverage at, or from, one or more public premises or bars, shall furnish to the Police Department the name and address of each employee of the licensee who sells, solicits the sale of, mixes, processes or prepares any alcoholic beverage at or from any such premises or bar and a set of fingerprints of each of these employees taken by or under the supervision of the Police Department of the Borough without costs.
[Amended 4-24-2006 by Ord. No. 2006-19]
[Adopted by Ord. No. 75-14 (Sec. 3-9.13 of the 1987 Revised General Ordinances); amended in its entirety by Ord. No. 2004-26]
No person shall serve, sell, dispense, drink or consume any alcoholic beverage on a public street, highway, avenue, alley or road of this Borough or upon any public grounds, parks, sidewalks (except for licensed sidewalk cafes and restaurants), or in any other public or quasi-public place.
No person shall possess any open bottle, can or container which contains alcoholic beverages on any public street, highway, avenue, alley or road of this Borough or upon any public grounds, parks, sidewalks (except for licensed sidewalk cafes and restaurants), or in any other public or quasi-public place.
[Added 4-27-2009 by Ord. No. 2009-13]
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to a minimum fine of no less than $250. The maximum fine, and any authorized periods of imprisonment, shall be as set forth in the general penalty provision in Chapter 1, Article II, General Penalty, of this Code, as it may exist from time to time.