Township of Mendham, NJ
Morris County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mendham as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. VI of the 1998 Revised General Ordinances]

§ 87-1 Purpose.

This article is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Mendham 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 the Division of Alcoholic Beverage Control.

§ 87-2 Definitions.

For the purpose of this article, words and phrases herein shall have the same meanings as they have in N.J.S.A. 33:1-1 et seq., and in the rules and regulations of the Director of the Division of Alcoholic Beverage Control.

§ 87-3 Licenses.

A. 
Laws applicable. All applications for licenses, all licenses issued, and all proceedings under this article shall be in accordance with the Act, rules and regulations referred to in the previous section and all other applicable laws of the State of New Jersey or of the United States.
B. 
Issuing authority. All licenses required by this article shall be issued by the Township Committee, which shall also administer the provisions of this article.
C. 
License required. No person shall sell or distribute alcoholic beverages within the Township without having obtained a license in accordance with the Act referred to in § 87-1 and the provisions of this article.
D. 
License fees; maximum number.
[Amended by Ord. No. 11-1972; Ord. No. 7-1979; Ord. No. 11-1982; Ord. No. 21-1987; Ord. No. 25-1988]
(1) 
Only the following alcoholic beverage licenses shall be in effect in the Township at any one time: one retail plenary consumption license and one club license.
(2) 
The annual license fees for the sale or distribution of alcoholic beverages in the Township shall be as provided in Chapter 160, Fees.
[Amended 7-12-2010 by Ord. No. 9-2010[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 87-4 Regulation of licenses.

A. 
Hours of sale. No alcoholic beverages shall be sold, served, consumed in or delivered to any licensed premises on weekdays between the hours of 2:00 a.m. and 7:00 a.m.; on Sunday between the hours of 3:00 a.m. and 12:30 p.m.; and on New Year's Day when it is a Sunday between the hours of 5:00 a.m. and 12:30 p.m., and when it is a weekday, between the hours of 5:00 a.m. and 7:00 a.m.
B. 
Sale in original containers. No licensee shall sell or deliver, or allow, permit or suffer the sale or delivery of any alcoholic beverages at retail in original containers for consumption off the licensed premises on Sunday, or before 9:00 a.m. or after 8:00 p.m. on any other day of the week.
C. 
Sales to certain persons. No licensee or employee of a licensee shall sell, serve, deliver, or allow, permit or suffer, directly or indirectly, the service or delivery of any alcoholic beverages to any intoxicated person or person under the legal age, or permit the consumption of alcoholic beverages on any licensed premises by any of the above named persons.
[Added 4-12-1999 by Ord. No. 7-1999]
D. 
Closing provisions. During the hours that the sale of alcoholic beverages is prohibited, the entire licensed premises shall be closed and no person shall be admitted or permitted to remain thereon except the licensee or bona fide employees of the licensee.
[Added 4-12-1999 by Ord. No. 7-1999]

§ 87-5 Revocation of license.

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.

§ 87-6 Persons under the legal age.

[Added 4-12-1999 by Ord. No. 7-1999]
A. 
Entering premises. It shall be unlawful for a person under the legal age to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage.
B. 
Consumption; purchase. It shall be unlawful for a person under the legal age to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt or purchase or have another purchase for him or her any alcoholic beverage.
C. 
Misrepresentation of age. It shall be unlawful for a person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any retail licensee to sell, serve or deliver any alcoholic beverage to a person under the legal age.
D. 
Violations and penalties. Any person who shall violate any of the provisions of this article shall be deemed and adjudged to be a disorderly person, and upon conviction thereof and in accordance with N.J.S.A. 33:1-81, shall be punished by a fine of not less than $500. In addition, the court shall suspend the person's license to operate a motor vehicle for six months or prohibit the person from obtaining a license to operate a motor vehicle in the state for six months beginning on the date he becomes eligible to obtain a license or on the date of conviction, whichever is later. In addition to the general penalty prescribed for an offense, the Court may require any person under the legal age to purchase alcoholic beverages who violates this article to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 10-24-2006 by Ord. No. 21-2006]

§ 87-7 Underaged possession or consumption.

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.

§ 87-8 Violations and penalties.

A. 
Any person violating the provisions of this article shall, in accordance with the provisions of N.J.S.A. 40:48-1.2, be punished by a fine of $250 for a first offense and $350 for any subsequent offense.
B. 
In addition to the fine authorized for this offense, the court may suspend or postpone for six months the driving privileges of the defendant. Upon 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. 40:48-1.2. If a person at the time of the imposition of 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.
C. 
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.
D. 
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 in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of written notice in writing. Failure to receive written notice shall not be a defense to a subsequent charge to a violation of N.J.S.A. 39:3-40.
E. 
If a person convicted under this article is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresidential 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.

§ 87-9 Exceptions.

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.
B. 
As used in this article, the following terms shall have the meaning set forth:
GUARDIAN
A person who has qualified as a guardian of the underaged person pursuant to testimony or court appointment.
RELATIVE
The underaged person's grandparent, aunt or uncle, sibling, or any other person 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 a 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.