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Borough of Roosevelt, NJ
Monmouth County
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Table of Contents
Table of Contents
[New]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Roosevelt in accordance with the provisions of an act of the Legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages," 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, New Jersey Administrative Code (N.J.A.C.) 13:2-1; and to control the consumption of alcoholic beverages in public by persons, or groups of persons, within the Borough of Roosevelt.
[New]
As used in this chapter, words and phrases shall have the same meanings they have 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.
[New]
All applications for licenses, all licenses issued, and all proceedings under this chapter shall be in accordance with the rules and regulations specified in Section 6-1 and all other applicable laws of the State of New Jersey or of the United States.
[New]
All licenses specified under this chapter shall be issued by the Mayor and Borough Council, which shall also administer the provisions of this chapter.
[New]
No person shall sell or distribute alcoholic beverages within the Borough without having obtained a license in accordance with the rules and regulations specified in Section 6-1 of this chapter, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
Ord. Nos. 29-1, 29-2, 29-4, 29-5, 29-6, 29-9, 29-10, 29-11]
a. 
The classes and maximum number of licenses to be issued by the Borough are hereby fixed as follows and the annual fees of licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows:
Class of License
Annual License Fee
Number of Licenses
Plenary Retail Distribution License:
For the year 2011
$2,500
1
2012
$2,500
1
2013
$2,500
1
b. 
Not more than one license shall be granted to any person, corporation, partnership, limited partnership or association in the Borough, and the said license shall cover only the licensed premises.
[New]
No licensee shall allow, permit or suffer the sale, service or delivery of any alcoholic beverage at retail in its original container for consumption off the licensed premises, or the removal of any alcoholic beverage in its original container from retail licensed premises, before 9:00 a.m. or after 10:00 p.m. on any day of the week. (N.J.A.C.13: 2-38.1)
[New]
No licensee or employee of a licensee shall sell, serve, deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or persons under the legal age, or permit the consumption of alcoholic beverages on any licensed premises by any of the above named persons.
[New]
During the hours when sales of alcoholic beverages are prohibited, the entire licensed premises shall also be closed, and no person shall be permitted to remain thereon except the licensee or bona fide employees of the licensee; provided, however, that such requirement for the closing of the premises shall not apply to bona fide hotels or restaurants as defined in N.J.S.A. 33:1-1(t) and to clubs eligible for a club license under N.J.S.A. 33.1-12(5) and to other establishments where the principal business is other than the sale of alcoholic beverages.
[New; Ord. No. 15-009]
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 the Division of Alcoholic Beverage Control.
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.
[New]
No licensee shall sell or serve alcoholic beverages to persons under the legal age.
[New]
No person shall purchase or attempt to purchase alcoholic beverages for a minor. 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 minor.
[New]
No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee, or his employee, to serve a person under the legal age in violation of this section.
[New]
Any adult who accompanies a minor into premises in which alcoholic beverages are served and who permits the minor to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of the minor.
[New]
It shall be unlawful for:
a. 
A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or having served or delivered to him, any alcoholic beverage; or
b. 
A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises located for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or
c. 
Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages; or
d. 
Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages.
Any person who shall violate any of the provisions of this subsection shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, in accordance with N.J.S.A. 33:1-81, as amended, 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 this 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 act 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. N.J.S.A. 33:1-81;