[HISTORY: Adopted by the Township Committee of the Township
of Union (now Barnegat) as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-6-40]
The Township Committee of the Township of Barnegat, being the
governing body of said municipality, shall constitute the authority
for the administration of the issuance of licenses hereunder.
[Amended 6-16-60]
From and after the final passage, approval and publication of
this ordinance, as required by law, the number of licenses to sell
alcoholic beverages in the Township of Barnegat, in the County of
Ocean, New Jersey, at retail, shall be limited as follows:
A.
No alcoholic beverage shall be sold, served, delivered or consumed,
nor shall any licensee suffer or permit the sale, service, delivery
or consumption of any alcoholic beverage directly or indirectly upon
the licensed premises between the hours of 2:00 a.m. and 7:00 a.m.
of any day, except:
B.
These hours shall be construed to indicate standard time or daylight
saving time, during such period as each is in effect in the Township
of Barnegat.
[1]
Editor's Note: Former § 28-4, Sales during
elections, was repealed 4-5-78 by Ord. No. 1976-9.
No delivery or serving of any alcoholic beverages shall be made,
permitted or suffered on any licensed premises during any period when
the sale of alcoholic beverages is prohibited hereby.
No licensee shall allow, permit or suffer in or upon the licensed
premises any disturbance, lewdness, immoral activities, brawls or
unnecessary noises, or allow, permit or suffer the licensed place
of business to be conducted in such a manner as to become a nuisance.
[Amended 6-16-60; 5-4-72; 4-7-80 by Ord.
No. 1980-10; 5-19-80 by Ord. No.
1980-18; 2-17-81 by Ord. No. 1981-2]
The license fees for the period of July 1 of each year to June
30 of the year following, both inclusive, be and the same are hereby
established and fixed as follows:
A.
Preliminary retail consumption license, per annum: two thousand four
hundred dollars ($2,400.).
[Amended 2-16-82 by Ord. No. 1982-3; 4-4-83 by Ord. No. 1983-6; 2-21-84 by Ord. No. 1984-2; 5-20-85
by Ord. No. 1985-14; 6-2-86 by Ord. No. 1986-14; 1-22-08 by Ord. No. 2008-02]
B.
Plenary retail distribution license, per annum: two thousand four
hundred dollars ($2,400.).
[Amended 2-16-82 by Ord. No. 1982-3; 4-4-83 by Ord. No. 1983-6; 2-21-84 by Ord. No. 1984-2; 5-20-85
by Ord. No. 1985-14; 6-2-86 by Ord. No. 1986-14; 1-22-08 by Ord. No. 2008-02]
C.
Club license, per annum: one hundred eight dollars ($108.).
[Amended 2-21-84 by Ord. No. 1984-2; 6-2-86 by Ord. No. 1986-14; 1-22-08 by Ord. No. 2008-02]
[Amended 9-2-71; 9-17-73]
A.
Any person who shall violate any of the provisions of this ordinance
shall, upon conviction thereof, be punished by a fine not exceeding
five hundred dollars ($500) or imprisonment not exceeding ninety (90)
days, or by both such fine and imprisonment, in the discretion of
the court, and each day such violation shall be continued shall be
deemed and taken to be a separate and distinct offense.
B.
Any license issued pursuant to this ordinance may be suspended or
revoked for violation of any of the provisions of this ordinance or
for violation of any of the provisions of the said Alcoholic Beverage
Control Act or of any of the rules and regulations promulgated or
to be promulgated by the State Commissioner of Alcoholic Beverage
Control.
For the purpose of this ordinance, the word "person" shall include
any natural person or association of natural persons, association,
partnership, corporation, organization, or the manager, agent, servant,
officer or employee of any of them.
[Adopted 3-15-82 by Ord. No. 1982-7]
No person shall drink, imbibe or consume any alcoholic beverage
in or upon:
A.
A public street, lane, roadway, avenue, sidewalk, public parking
place, park, playground, recreation area or any other public or quasi-public
place.
B.
A public conveyance.
C.
A private motor vehicle, while the same is in motion or parked in
any street, lane, public parking lot or public or quasi-public place.
D.
Any private property, not his or her own, without the express permission
of the owner or person having authority to grant such permission.
No person shall consume alcoholic beverages or offer to another
for consumption of any alcoholic beverage in, on or upon any place
to which the public at large is generally invited; provided, however,
that nothing herein shall be construed to prohibit the consumption
or sale of alcoholic beverages within the licensed premises of a plenary
retail consumption liquor license.
No person shall have in his possession or possess any alcoholic
beverage in, on or upon any public street, road, alley, sidewalk,
park, playground or in, on or upon any land or building owned or occupied
by the municipal government, unless the same is contained within a
closed or sealed container.
No person shall have in his possession or possess any alcoholic
beverage in or upon any place to which the public at large is generally
invited unless the same is contained within a closed or sealed container;
provided, however, that nothing herein shall be construed to prohibit
the possession of alcoholic beverages within the licensed premises
of a plenary retail consumption liquor license.
Notwithstanding the provisions hereinafter set forth, the Township
Committee may, by resolution, permit the possession or consumption
of alcoholic beverages in a designated park, recreation area or other
public place at a designated time or times in connection with a special
event, series of events or observance which has been authorized by
the Township Committee of the township, which possession or consumption
of alcoholic beverages shall, in addition, comply with any applicable
ordinances, laws or regulations.
Any person who violates any one (1) or more of the provisions
of this ordinance shall be subject to a fine of not more than two
hundred dollars ($200) for each separate offense and/or confinement
in the Ocean County Jail for a period of not more than thirty (30)
days. In the case of a continuing violation or violations, a fine
of not more than two hundred dollars ($200) may be assessed for each
day that said violation or violations continue unabated, until such
time as said violation or violations are corrected. A separate offense
shall be deemed committed on each day during or on which a violation
occurs or continues.
In the event that any provisions of this ordinance shall be
found to be invalid by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
This ordinance repeals any inconsistent ordinance or ordinances
or part or parts thereof.
This ordinance shall become effective immediately upon final
passage and publication as required by law.
