[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.
GUARDIAN
RELATIVE
Definitions. As used in this section, the following terms shall be
defined as follows:
Shall mean a person who is qualified as a guardian of the
underage person pursuant to testamentary or court appointment.
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:
Shall mean any brewery-sealed, single container that contains
not less than two gallons of malt liquor.
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:
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.
