[Adopted as Art. 1 of Ch. 3 of the 1968 Revised Ordinances
(Ch. 79, Art. I, of the 1986 Code)]
This article is for the purpose of fixing license fees and regulating
the sale of alcoholic beverages in the Borough of Penns Grove, County
of Salem and State of New Jersey, in accordance with the provisions
of an act of the Legislature titled "An Act Concerning Alcoholic Beverages,"
N.J.S.A. 33:1-1 et seq., as amended and supplemented, and in accordance
with rules and regulations promulgated or to be promulgated by the
State Director of Alcoholic Beverage Control, applicable hereto, and
in accordance with the rules and regulations existing herein or hereafter
adopted by competent municipal authority not inconsistent with said
act or said rules and regulations of said State Director.
It shall be unlawful to sell or distribute alcoholic beverages
otherwise than as provided in this article and/or said act of the
Legislature or rules of the Director.
The Mayor and Council of the Borough of Penns Grove, County
of Salem, being the governing body of said municipality, shall constitute
the authority for the distribution or issuance of licenses hereunder.
A.
The license fees to be paid hereunder shall be as follows:
[Amended 7-5-1983 by Ord.
No. 83-4; 5-7-1996 by Ord. No. 96-15; 4-4-2000 by Ord. No. 2000-4; 4-20-2010 by Ord. No. 2010-5]
(1)
A fee in the amount of $622.08 per annum is hereby fixed for the
issuance of plenary retail consumption licenses.
(2)
A fee in the amount of $311.04 per annum is hereby fixed for the
issuance of plenary retail distribution licenses.
(3)
A fee in the amount of $180 per annum is hereby fixed for the issuance
of club licenses.
B.
All license fees shall be paid in cash or by certified check to the
order of the Clerk of the Borough of Penns Grove at the time of filing
of the application for a license.
The Borough Clerk is hereby designated as the proper person
to sign all licenses on behalf of the Council of the Borough of Penns
Grove.
A.
Plenary retail consumption.
[Amended 9-18-1978 by Ord. No. 78-10; 6-17-1986 by Ord. No. 86-5; 12-6-1994 by Ord. No. 94-27; 12-3-1996 by Ord. No. 96-27]
(1)
The time permitted to sell, serve, deliver or allow, permit or suffer
the sale, service or delivery of any alcoholic beverage or permitted
for the consumption of any alcoholic beverage on a licensed premises
shall be as follows:
(a)
On a weekday (Monday through Saturday), between the hours of
7:00 a.m. and 2:00 a.m. of the following day.
(2)
The right of consumption of alcoholic beverages purchased on the
premises prior to the time when sales must cease will be extended
by 1/2 hour past closing time (it being the specific intention of
this subsection that sales must cease at the specified time and consumption
must cease 1/2 hour thereafter).
B.
No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages on any day of the week between the hours of 2:00 a.m. and 7:00 a.m., other than New Year's Day as set forth in Subsection A, and the right of consumption of alcoholic beverages purchased on the premises prior to the 2:00 a.m. closing shall be extended until 2:30 a.m. (it being the specific intention of this subsection that sales must cease at 2:00 a.m. and consumption must cease at 2:30 a.m.).
[Amended 12-15-1970]
C.
During the hours that sales or consumption is hereinabove prohibited,
the entire licensed premises shall also be closed, but this closing
of premises shall not apply to hotels, restaurants, as defined in
N.J.S.A. 33:1-1t, or clubs as set forth in N.J.S.A. 33:1-12, Subsection
5.
D.
An exception to the foregoing legal hours of sale shall be that licensees
are permitted to conduct business as usual on the day known as "Super
Bowl Sunday" during the hours from 4:00 p.m. until 11:30 p.m.
[Added 1-21-1992 by Ord.
No. 92-3]
Every license shall be exposed to public view in a conspicuous
place in the place licensed, and any omission so to do shall be presumptive
evidence that the place where alcoholic beverages are being sold is
unlicensed.
No alcoholic beverages shall be sold in any room other than
such as is open to public view through a door or window, and no screens
or other articles shall be so placed as to obstruct persons outside
from looking into the place, provided that this rule shall not apply
to clubs or fraternal organizations.[1]
[1]
Editor's Note: Original § 3.1-10, Election
day - sales prohibited, which immediately followed this section, was
repealed 6-17-1986 by Ord. No. 86-5.
[Added 9-18-2007 by Ord.
No. 2007-10]
B.
Standards. No retailer shall sell beer kegs unless that retailer
affixes an identification label or tag to each beer keg. An identification
label or tag shall consist of paper, plastic, metal or another durable
material that is not easily damaged or destroyed. Identification labels
used may contain a nonpermanent adhesive material in order to apply
the label directly to an outside surface of the beer keg at the time
of sale. Identification tags shall be attached to beer kegs at the
time of sale with nylon ties or cording, wire ties or other metal
attachment devices, or another durable means of tying or attachment
of the tag to the beer keg. The identification information contained
on the label or tag shall include the licensed retailer's name,
address and telephone and a unique beer keg number assigned by the
retailer that sold the beer keg and attached the identification label
or tag. The retailer shall be responsible for the complete and thorough
removal of the entire identification label or tag and any adhesive
or attachment devices of the label or tag. The identification label
or tag must be kept on file with the retailer for not less than 90
days from the date of return.
C.
Identification required. A retailer may not sell a beer keg unless the beer keg has an attached identification label or tag complying with the standards established under Subsection B of this section.
D.
Retailers to keep records.
(1)
A retailer who sells a beer keg must at the time of the sale record:
(2)
The record must be retained for not less than 90 days after the date
of sale.
E.
Access to records. A retailer required to retain records under Subsection D of this section must make the records available during the regular business hours for inspection by a peace officer or an agent or employee of the New Jersey Division of Alcoholic Beverage Control.
F.
Violations.
(1)
A person required to record information under Subsection D of this section may not knowingly make a materially false entry in the book or register required under that subsection. In a prosecution under this subsection, it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon the identification provided by the purchaser of a beer keg.
(2)
No person other than a retailer, a licensed wholesaler of malt beverages, a peace officer or an agent or employees of the New Jersey Division of Alcoholic Beverage Control may intentionally remove identification placed on a beer keg in compliance with Subsection D. No person may intentionally deface or damage identification on a beer keg to make it unreadable.
(3)
Any person found guilty of violating any provision of this section
may, upon conviction, by subject to a fine of up to $2,000, be sentenced
to jail for up to 90 days or be required to perform community service
for up to 90 days at the discretion of the court. Each and every violation
shall constitute a separate offense.[1]
[Amended 7-5-2017 by Ord.
No. 2017-5]
[1]
Editor's Note: Original § 79-10, Gambling prohibited,
and § 79-11, Slot machines prohibited, which immediately
followed this section, were repealed 7-5-2017 by Ord. No. 2017-5.
All licensed premises shall be subject to examination and inspection
by the police and by any other constituted authorities at any time.
A.
Unless otherwise provided in N.J.S.A. 33:1-1 et seq. or this article, any person who shall sell or distribute any alcoholic beverage without having complied with or in violation of any of the provisions of this article shall, upon conviction in the Municipal Court, be subject to a penalty as provided in § 1-2 of this Code.
[Amended 6-17-1986 by Ord. No. 86-5; 7-5-2017 by Ord. No. 2017-5]
B.
Any license issued pursuant to this article may be suspended or revoked
for violation of any of the provisions of this article or for violations
of any of the provisions of said act or any of the rules or regulations
provided by the State Director of Alcoholic Beverage Control.
