Borough of South Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[1975 Code § 6-1]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of South Toms River in accordance with the provisions of an Act of 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 Alcoholic Beverage Control.
[1975 Code § 6-2]
For the purpose of this chapter, the words and phrases herein shall have the same meaning as N.J.S.A. 33:1-1 et seq., and the Rules and Regulations of the Director of the Division of Alcoholic Beverage Control. The hours referred to shall be Eastern standard time or Eastern daylight saving time, depending upon current Federal regulation.
[1975 Code § 6-3.1]
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 Section 6-1, and all other applicable laws of the State of New Jersey or of the United States.
[1975 Code § 6-3.2]
All licenses required by this chapter shall be issued by the Borough Council, which shall also administer the provisions of this chapter.
[1975 Code § 6-3.3; New]
No person shall sell or distribute alcoholic beverages within the Borough of South Toms River without having obtained a license in accordance with the Act referred to in Section 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.
[1975 Code § 6-3.4; Ord. No. 4-08 §§ 1 — 3]
The classes of licenses and annual license fees of licenses for the sale and distribution of alcoholic beverages in the Borough shall be as follows:
a. 
License Fees.
Class of License
Annual License Fee
Maximum Number
Plenary Retail Consumption License
$2,400
1
Plenary Retail Distribution License
$2,400
1
Club License
$188
3
b. 
Term.
All licenses shall be for a term of one year, and all fees shall be paid in advance upon presentation of an application.
c. 
The provisions of this subsection with respect to the limitation on the number licenses shall not apply to the renewal or transfer of licenses presently issued.
[1975 Code § 6-4.1]
No licensee shall sell, serve or deliver or allow, or permit the sale, service, or delivery of any alcoholic beverage or permit the consumption of any alcoholic beverage on a licensed premises on Monday between the hours of 2:00 a.m. and 7:00 a.m., except Sundays, and New Year's Day each year as hereinafter provided.
[1975 Code § 6-4.2]
Provisions of subsection 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 3:00 a.m. and 7:00 a.m.
[1975 Code § 6-4.3]
Provisions of subsection 6-4.1 shall not apply on January 1. On that day alcoholic beverages may be sold, served, delivered or consumed in the licensed premises throughout the day.
[1975 Code § 6-4.4]
No licensee shall sell, serve or deliver, nor shall any licensee suffer or permit the sale, service or delivery of, any alcoholic beverage, directly or indirectly, to any intoxicated person or persons under the legal age; or allow, permit or suffer the consumption of alcoholic beverages by any such persons upon the licensed premises; or permit any such persons to congregate in or about the licensed premises.
[1975 Code § 6-4.5; New]
During the hours that the sale of alcoholic beverages are prohibited, the entire licensed premises shall be closed and no person shall be admitted or permitted to remain therein except the licensee or bona fide employees of the licensee. This 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 licensed under N.J.S.A. 33:11-12(5) and to other establishments where the principal business is other than the sale of alcoholic beverages. The "closing of the licensed premises" shall be defined as having all persons who are not employees off the premises.
[1975 Code § 6-6]
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 and Regulations of the State's 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 against the licensee and affording a reasonable opportunity for a hearing before the Borough Council.
c. 
Suspension or revocation of the license shall be in addition to any other penalty which may be imposed for a violation of the provisions of this chapter.
[1975 Code § 6-5.1; Ord. No. 12-93 § 6-5.1]
No person under the legal age of 21 years shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by his or her parent or guardian.
[1975 Code § 6-5.2; Ord. No. 12-93 § 6-5.2]
No person shall purchase or attempt to purchase alcoholic beverages for any person under the legal age of 21 years. 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 person under the legal age of 21 years.
[1975 Code § 6-5.5; Ord. No. 12-93 § 6-5.3]
No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage to a person under the legal age of 21 years, or to permit a person under the legal age of 21 years to remain on any premises in violation of subsection 6-6.1.
[Ord. No. 12-93 § 6-5.4]
Any parent or guardian who accompanies any person under 21 years of age to a premises where alcoholic beverages are served, and who permits a person under 21 years of age to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of the person who is under the legal age of 21 years.
[Ord. No. 12-9 § 6-5.4]
No person under 21 years of age shall possess, serve, sell or consume any alcoholic beverage in any public place within the Borough.
[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 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 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.
Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, 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 N.J.S.A. 33:1-81 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)
[Ord. No. 7-14]
a. 
Purpose.
1. 
The Borough of South Toms River does hereby declare that the abuse of alcohol is a serious problem affecting the health and welfare of all citizens. The Borough does further declare and determine that all reasonable steps should and must be taken to discourage and prohibit the possession and consumption of alcohol by underage persons including such steps as are necessary to prevent such possession and consumption on private property.
2. 
The purpose of this subsection also is to provide for the enforcement of N.J.S.A. 40:48-1.2
b. 
Definitions. As used in this section, the following terms shall be defined as follows:
GUARDIAN
Shall mean a person who is qualified as a guardian of the underage person pursuant to testamentary or court appointment.
RELATIVE
Shall mean the underage person's parent, grandparent, aunt, uncle, sibling, first cousin or closer relative by blood, marriage or adoption who has attained the legal age to purchase and consume alcoholic beverages.
c. 
Violation; Exception. Any person under the legal age to purchase and consume alcoholic beverages who, without legal authority, on private property, knowingly possesses, orders, purchases, serves or consumes beverages within the municipal boundary of the Borough of South Toms River shall be in violation of this subsection and subject to the penalties hereof.
1. 
This subsection shall not apply to the following:
(a) 
An underage person consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite,
(b) 
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,
(c) 
An underage 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 hotel management program at a County vocational school or postsecondary educational institution.
2. 
This subsection shall not be construed to preclude the imposition of a penalty under this section, N.J.S.A. 2C:33-15 or N.J.S.A. 33:1-1 et seq., 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.
d. 
Responsibility of Property Owner.
1. 
Any person who makes real property that is owned, leased or managed by such person, or over which such person has actual and effective control, available to persons who are under the legal age for consuming beverages with the knowledge that alcoholic beverages will be made available for consumption or will be consumed by persons who are under the legal age for consuming alcoholic beverages shall be in violation of this subsection and subject to penalties hereof.
Any person who, within the Borough of South Toms River, leaves real property, owned, leased or managed by such person or over which such person has actual and effective control in the care of another person with the knowledge that alcoholic beverages will be made available for consumption by or will be consumed by persons who are under the legal age for consuming alcoholic beverages shall be in violation of this subsection and subject to penalties hereof. This subsection shall not apply if:
(a) 
The real property is licensed or required to be licensed by the Division of Alcoholic Beverage Control in accordance with the provisions of N.J.S.A. 33:1-1 et seq.;
(b) 
The person making the property available or leaving it in the care of another person is of the legal age to consume alcoholic beverages and is the parent or guardian or cousin or closer relative by blood, marriage or adoption of the person who consumes beverages while under legal age for consuming alcoholic beverages; or
(c) 
The alcoholic beverages are consumed by a person under the age for consuming alcoholic beverages during a religious observance, ceremony or rite.
2. 
This subsection shall not apply to those actions constituting a violation of law as set forth in N.J.S.A. 2C:33-17 or any successor statute.
e. 
Violations and Penalties.
1. 
A person convicted in violating this subsection shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense. The Court may, in addition, in aggravating circumstances such as defendants with prior offenses, defendants where the violation involves a motor vehicle, or for defendants who have caused a significant danger to themselves or others, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the Court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the Court pursuant to this subsection. If a person at the time of the imposition of a 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.
2. 
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 Commission, 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.
3. 
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 suspension or postponement, the person be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
4. 
If the person convicted under such an ordinance is not a New Jersey resident, the Court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Commission the required report. The Court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the Court, the Commission shall notify the appropriate agency in the licensing jurisdiction of the suspension or postponement.
f. 
Duty of Law Enforcement Officer. All law enforcement officers of the Borough of South Toms River are hereby directed to apprehend any person observed by such officer to be in violation hereof and any person for whom the officer has probable cause to believe to be in violation hereof.
[Ord. No. 7-07, Preamble.]
Underage drinking is a serious problem affecting communities through the country; and beer kegs are often a main source of alcohol at teenage parties and, in addition, kegs may encourage drinking greater quantities of beer increasing the risk of driving under the influence of alcohol and other alcohol-related problems. When police arrive at underage keg parties, people often scatter, leaving the police no way of determining who purchased the alcohol for the underage drinkers. Adults who purchase alcohol for underage youth may be deterred only if they believe they will face legal or financial consequences for providing alcohol to people under 21 years of age and keg registration encourages people to think twice before purchasing kegs and allowing underage youth to drink from them. The Borough Officials believe that the registration of kegs will provide additional protection from liability to licensed establishments within the Borough.
[Ord. No. 7-07 § 1]
As used in this section:
BEER KEG
Shall mean any brewery-sealed, single container that contains not less than two gallons of malt liquor.
RETAILER
Shall mean a holder of a license under this chapter to sell alcoholic beverages under Section 6-1 et seq.
[Ord. No. 7-07 § 1]
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 a 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 number; a unique beer keg number assigned by the Retailer; and a prominently visible warning that intentional removal or defacement of the label or tag is an offense punishable by fine and/or imprisonment. Upon return of a Beer Keg to 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.
[Ord. No. 7-07 § 1]
A Retailer may not sell a beer keg unless the beer keg has attached an identification label or tag complying with the standards established under subsection 6-7.3.
[Ord. No. 7-07 § 1]
a. 
A Retailer who sells a beer keg must, at the time of the sale, record the following information:
1. 
The number of the purchaser's driver's license, government-issued identification card, military identification card, or valid United States or foreign passport;
2. 
The purchasers name, date of birth, and address;
3. 
The date and time of the purchase;
4. 
The beer keg identification number required under subsection 6-7.4; and
5. 
The purchaser's signature.
b. 
The record must be retained for not less than 90 days after the date of the sale.
[Ord. No. 7-07 § 1]
A Retailer required to retain records under Section 6-7.5 must make the records available during regular business hours for inspection by a peace officer or an agent or employee of the New Jersey Division of Alcoholic Beverage Control.
[Ord. No. 7-07 § 1]
a. 
Any violation of Section 6-7 by any Retailer or employee of a Retailer shall form the basis of Alcoholic Beverage Control charges under Chapter 6 of the Borough Code and/or the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq., and the regulations promulgated thereunder, and not the penalties otherwise provided herein.
b. 
No person other than a Retailer, a licensed wholesaler of malt beverages, a peace officer or an agent or employee of the New Jersey Division of Alcoholic Beverage Control may intentionally remove identification placed on a beer keg in compliance with subsection 6-7.3. No person may intentionally deface or damage the identification on a Beer Keg to make it unreadable.
c. 
No person other than a Retailer, a licensed wholesaler of malt beverages, a peace officer or an agent or employee of the New Jersey Division of Alcoholic Beverage Control may be in possession of a beer keg without an identification label affixed thereto.
d. 
Any person found guilty of violating any provision of Section 6-7, other than a Retailer or employee of a Retailer, upon conviction, shall be 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 at the discretion of the Municipal Court. Each and every violation shall constitute a separate offense.