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)
