Borough of Jamesburg, NJ
Middlesex County
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Table of Contents
Table of Contents
Editor's Note: Laws concerning alcoholic beverage control are contained in Title 33 of the New Jersey Statutes. All ordinances must be in conformity with these provisions and approved by the Director of Alcoholic Beverage Control, N.J.S.A. 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, N.J.S.A. 33:1-40.
[1982 Code § 6-1; New]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Jamesburg 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.
[1982 Code § 6-2]
For the purpose of this chapter, the words and phrases herein shall have the same meaning as 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.
[1982 Code § 6-3.1; New]
All applications for license, 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.
[1982 Code § 6-3.2; New]
All licenses required by this chapter shall be issued by the Mayor and Council, which shall also administer the provisions of this chapter.
[1982 Code § 6-3.3; 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 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.
[1982 Code §§ 6-3.7, 17-3.1; Ord. No. 4-91; Ord. No. 4-92; Ord. No. 1-94; Ord. No. 8-94; Ord. No. 01-95; New; Ord. No. 4-96; Ord. No. 2-97; Ord. No. 2-98; Ord. No. 4-99 § 1; Ord. No. 02-00 § 1; Ord. No. 01-01 § 1; Ord. No. 02-02 § 1; Ord. No. 03-03 § 1; Ord. No. 23-03 § 1; Ord. No. 03-05 § 1; Ord. No. 03-06 § 1]
The classes and maximum number of licenses to be issued by the Mayor and Council 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 set forth in the Borough Fee Schedule Ordinance on file in the office of the Borough Clerk.
Notes:
1. 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.
[1982 Code § 6-4; 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 7:00 a.m. except Sundays, New Year's Day and Christmas each year as hereinafter provided.
[1982 Code § 6-4; New; Ord. No. 14-97]
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 2:00 a.m. and 1:00 p.m., except that plenary retail distribution licenses may be permitted to open at 9:00 a.m. on Sundays.
[1982 Code § 6-4; Ord. No. 14-97]
Provisions of subsection 6-4.1 shall not apply on Christmas Day and January 1. On these days alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 3:00 a.m. and 7:00 a.m.
[1982 Code § 6-3.4]
The holder of a plenary retail consumption license shall be entitled, subject to rules and regulations, to sell for consumption on the licensed premises any alcoholic beverages by the glass or other open receptacle, and also to sell all alcoholic beverages in original containers for consumption off the licensed premises. Such license shall not permit the sale of alcoholic beverages in or upon any premises in which a grocery, delicatessen, department store, cigar and tobacco store, drug store or other mercantile business is carried on, except the sale of cigars and cigarettes, at retail, as an accommodation to patrons or the retail sale of nonalcoholic beverages as accessory beverages to alcoholic beverages.
[1982 Code § 6-3.5]
The holder of a plenary retail distribution license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages for consumption off the licensed premises, but only in original containers, provided that such license shall not permit the sale of alcoholic beverages in or upon any premises in which any other mercantile business is carried on, except the sale of cigars, cigarettes and potato chips.
[1982 Code § 6-3.6]
The holder of a club license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages, but only for immediate consumption on the licensed premises and only to bona fide club members and their guests.
[New]
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or person 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.
[1982 Code § 6-8; Ord. 5-24-83]
No licensee shall engage in or shall allow, permit or suffer any person employed by such licensee to perform any dancing exhibition in or on any part of the alcoholic beverage licensed premises.
[1982 Code § 6-9; Ord. 5-24-83]
No licensee shall engage in or shall allow, permit or suffer any person to appear on the premises of any establishment licensed for the sale and distribution of alcoholic beverages in any act, scene, sketch, or other form of entertainment, including dancing for the benefit of patrons, with breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.
[1982 Code § 6-10; Ord. 5-24-83]
No licensee shall employee, allow, permit or suffer any waitress, barmaid or any other person who comes in contact with or is likely to come in contact with the patrons of any establishment licensed for the sale and distribution of alcoholic beverages to appear in the presence of such patrons with breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.
[1982 Code § 6-5; 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 violation of this chapter.
[1982 Code § 6-5.1]
No minor shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by an adult.
[1982 Code § 6-5.2]
No minor shall purchase, attempt to purchase, or have another purchase for him any alcoholic beverage on any premises licensed for the sale of alcoholic beverages.
[1982 Code § 6-5.3]
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.
[1982 Code § 6-5.4]
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 18 years or to permit a person under 18 years to remain on any premises in violation of subsection 6-6.1.
[1982 Code § 6-5.5]
Any adult who accompanies a minor into a 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.
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, 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 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)