[New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Borough of Farmingdale in accordance
with the provisions of an Act of 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 Director of the Division of Alcoholic Beverage Control.
[New]
For the purpose of this chapter, words and phrases herein shall
have the same meanings as in N.J.S.A. 33:1-1 et seq., and the rules
and regulations of the Director of the Division of Alcoholic Beverages
Control.
[New]
All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the Act, rules and regulations referred to in § 6-1, and all other applicable laws of the State of New Jersey or the United States as may be amended from time to time.
[New]
All licenses required by this chapter shall be issued by the
Mayor and 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 Act referred to in § 6-1 and the provisions 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.
[1971 Code T.III, Ch. 5 § 3; Ord.
No. 8-81 § 1; Ord. No.
11/16/93; New; Ord. No. 04-01; Ord. No. 2008-07; 5-17-2011 by Ord. No. 2011-03]
The classes and maximum number of licenses to be issued by the
Borough and 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
|
2011
|
2012
|
|---|---|---|
|
Plenary Retail Consumption
|
$2,500
|
$2,500
|
|
Plenary Retail Distribution
|
$2,110.61
|
$2,500
|
|
Municipal fees for retail licenses shall be in accordance with
the statutory limits, including any future increases in fees, as set
forth in N.J.S.A. 33:1-12.
| ||
|
The maximum number of licenses in each class are as follows:
|
|
Class of License
|
Number of Licenses
|
|---|---|
|
Plenary Retail Consumption
|
1
|
|
Plenary Retail Distribution
|
1
|
[1]
Editor's Note: For State law authorizing the Borough
to restrict number of licenses to sell alcoholic beverages at retail,
see N.J.S.A. 33:1-40.
[1971 Code T.III, Ch. 5 § 2; New]
No alcoholic beverages shall be sold, delivered or served to
or consumed in any licensed premises on any day between the hours
of 2:00 a.m. and 6:00 a.m. except Sundays and New Year's Day
each year as hereinafter provided.
[1971 Code T.III, Ch. 5 § 2; New; amended 10-1-2013 by Ord. No. 04-2013]
Provisions of § 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 2:00 a.m. and 11:00 a.m.
[1971 Code T.III, Ch. 5 § 2; New; amended 10-1-2013 by Ord. No. 04-2013]
Provisions of § 6-4.1 shall not apply on January 1, or any other day so designated by Council. On that day alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 3:00 a.m. and 6:00 a.m. when it falls on a weekday. When January 1, or any other day designated by the Council, falls on a Sunday, no alcoholic beverages may be sold, served, delivered to or consumed between the hours of 3:00 a.m. and 11:00 a.m.
[New]
No licensee or employee of a licensee shall sell, service or
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 be closed and no person shall be
admitted or 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]
All licenses granted hereunder shall be displayed conspicuously
in the licensed premises. A copy of this chapter must be displayed
conspicuously in the licensed premises.
[New]
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.
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.
Suspension or revocation of a license shall be in addition to
any other penalty which may be imposed for a violation of this chapter.
[New]
No licensee shall sell or serve alcoholic beverages to persons
under the legal age.
[New; N.J.S.A. 33:1-81]
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
or her, any alcoholic beverage; or
b.
A person under the legal age for purchasing alcoholic beverages to
consume any alcoholic beverage on premises licensed for the retail
sale of alcoholic beverages, or to purchase, attempt to purchase or
have another purchase for him or her 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/her
age have the right to purchase and consume 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/she become 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
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.
|
