Laws concerning alcoholic beverage control are contained in Title 33 of the Revised Statutes. All ordinances must be in conformity with these provisions and approved by the Director of Alcoholic Beverage Control, R.S. 33:1-40. State law prescribes the types of licenses that may be issued, their number, permissible license fees and the regulation of licensed premises, R.S. 33:1-40.
[Ord. 134; New]
This chapter is adopted to effectively carry out the provisions, purposes and intent of an act of the legislature entitled "An Act Concerning Alcoholic Beverages," being Chapter 436 of the Laws of 1933, its supplements and amendments, R.S. 33:1-1 to 33:1-96, as well as the general rules and regulations, special rulings and findings, from time to time promulgated by the director of the Division of Alcoholic Beverage Control of the State of New Jersey.
For the purpose of this chapter, the words and terms used herein shall be deemed to have the meanings accorded them by R.S. 33:1-1 to 33:1-96, and the rules and regulations from time to time promulgated by the director of the Division of Alcoholic Beverage Control.
[Ord. 134; New; Ord. 243; Ord. 316; Ord. 320; Ord. 332; Ord. 341; Ord. 401; Ord. 411; Ord. 426; Ord. 463; Ord. 472]
All applications for licenses under this chapter and all licenses issued and proceedings held hereunder shall be subject to the aforesaid act and the rules and regulations of the state director.
No person shall possess, sell, distribute, or transport alcoholic beverages within the borough in violation of the provisions of R.S. 33:1-1 to R.S. 33:1-96.
The borough council shall constitute the authority for the administration of the issuance of licenses under this chapter and shall forthwith report the issuance of such licenses to the director of the Division of Alcoholic Beverage Control.
The number of licenses shall be as follows:
No other type of license to sell alcoholic beverages shall be granted in the borough.
Not more than one license shall be granted to any person in the borough, and the license shall cover only the licensed premises.
License fees shall be as follows:
License fees fixed above shall apply to licenses issued on and after July 1, 1991 and each license shall be for a term of one year, from July 1 in each year.
[Ord. 288; Ord. 325]
No alcoholic beverages shall be sold, delivered, served to or consumed in any licensed premises on any day except between the hours of 7:00 a.m. and 12:00 midnight on any weekday, or between the hours of 1:00 p.m. and 11:00 p.m. on Sunday.
No licensee shall sell or deliver, or allow, permit or suffer the sale or delivery of any alcoholic beverage at retail in its original container for consumption off the licensed premises, or allow, permit or suffer the removal of any alcoholic beverage in its original or opened container from retail licensed premises before 9:00 a.m. or after 10:00 p.m. on any day of the week, except that whenever the sale of alcoholic beverages for consumption on the premises is authorized by the holder of a retail consumption license, there is also authorized the sale of wine and malt alcoholic beverages in original bottle or can containers for consumption off the premises on the same days and during the same hours as the sale of alcoholic beverages for consumption on the premises is permitted and authorized.
Any person violating any of the provisions of this chapter, shall, upon conviction, be subject to penalties as provided by section 3-11 of this revision.