[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank as indicated in article histories. Amendments noted where
applicable.]
[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]
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 § 219-1 of this article, 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 Mayor and Council, 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 § 219-1 of this article and the provisions of this chapter.
D.
License fees.
(1)
(2)
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.
(3)
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]
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 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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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]
A.
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.
B.
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.
C.
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.
D.
Possession. No person under the legal age shall possess, serve, sell
or consume any alcoholic beverages in any public place within the
Borough.
E.
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]
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 service of a five-day notice
of charges preferred against the licensee and affording a reasonable
opportunity for 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.
A.
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.
