The purpose of this chapter shall be to regulate the sale and
consumption of alcoholic beverages in the Borough of Hawthorne in
accordance with the provisions of an act of the legislature of the
State of New Jersey, including its supplements and amendments as set
forth at N.J.S.A. 33:1-1 et seq., and in accordance with the rules
and regulations of the State of New Jersey, Division of Alcoholic
Beverage Control.
For purposes of this chapter, words and phrases used herein
shall have the same meaning 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.
[Amended 11-3-2010 by Ord. No. 2030-10]
All licenses required by this chapter shall be issued by the
Municipal Council of the Borough of Hawthorne. Nothing herein shall
preclude the issuance of a one-day license by the State of New Jersey,
Division of Alcoholic Beverage Control (ABC). The Municipal Clerk
is hereby authorized to endorse any such application upon determination
that the same complies with applicable law. In all other instances,
the Municipal Council shall administer this chapter.
Transfer of licenses, whether person to person, place to place,
or both in combination, shall be in accordance with the rules and
regulations of the State Director of the Division of Alcoholic Beverage,
as set forth in Chapter 13, Subchapter 7, of the Administrative Code
of the State of New Jersey.
[Amended 4-16-2014 by Ord. No. 2111-14]
A.
No alcoholic beverages shall be served or consumed in the licensed
premises and no licensee shall permit, allow or suffer the sale, service
or delivery of any alcoholic beverages at the licensed premises between
the hours of 3:00 a.m. and 7:00 a.m. on weekdays and Saturdays, and
between the hours of 3:00 a.m. and 11:00 a.m. on Sundays.
B.
Notwithstanding the above, the sale, service, consumption or delivery
of alcoholic beverages at the licensed premises is to be modified
on New Year's Day so that such shall not be permitted between the
hours of 5:00 a.m. and 7:00 a.m. on weekdays and Saturdays and 5:00
a.m. and 11:00 a.m. on Sundays. In addition, on days when time changes
between daylight saving time and standard time, hours shall be measured
as if the change in time occurred at 4:00 a.m., it being the intent
of the ordinance that no hours are to be gained or lost by the establishment
upon a change in time.
No licensee or employee of a licensee shall sell, serve or deliver,
either directly or indirectly, alcoholic beverages to any intoxicated
person or minor or permit the consumption upon the licensed premises
by any intoxicated person or minor.
In accordance with N.J.S.A. 33:1-1 et seq. and the rules and
regulations promulgated by the Director of the Division of Alcoholic
Beverage Control, no person under the legal age shall possess, serve,
sell or consume any alcoholic beverages in any public place or within
any licensed premises in the Borough of Hawthorne.
Any person who shall violate this article, in addition to any
other penalty that may be applicable, including revocation or suspension
of any license issued hereunder, shall be subject, upon conviction,
to a fine of not more than $1,250 or imprisonment for not more than
90 days or a requirement to perform community service for a period
not to exceed 90 days, in the discretion of the court.
