Borough of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Intoxication in parks and recreation areas — See Ch. 143.
[Adopted 11-4-1974 as Ch. 45 of the 1974 Code]

§ 65-1 Purpose.

This article is adopted for the purpose of fixing license fees and regulating the sale of alcoholic beverages in the Borough of Mendham, County of Morris, in accordance with the provisions of an act of the legislature entitled "An Act Concerning Alcoholic Beverages" set forth in Title 33 of the Revised Statutes of New Jersey, 1937, as amended and supplemented, and in accordance with the rules and regulations promulgated or to be promulgated by the State Commissioner of Alcoholic Beverage Control applicable hereto, and in accordance with the rules and regulations existing herein or hereafter adopted by the Borough of Mendham not inconsistent with said Act or said rules and regulations of said State Commissioner.

§ 65-2 Compliance required.

It shall be unlawful to sell or distribute alcoholic beverages otherwise than as provided in this article or said above-mentioned Act.

§ 65-3 Authority for issuance of licenses.

The Mayor and Council of the Borough of Mendham, County of Morris, shall constitute the authority for the administration of the issuance of the licenses hereunder, and the Clerk of the borough is authorized and empowered to issue licenses for the sale and distribution of alcoholic beverages in the borough when such licenses shall have been approved.

§ 65-4 Application required.

No license shall be issued except after a written application has been presented by the proposed licensee, in such form and after such notice as required by the above-mentioned Act.

§ 65-5 Prohibited licenses.

No seasonal retail consumption license or limited retail distribution license shall be issued by the Borough of Mendham.

§ 65-6 Permitted licenses.

A. 
Plenary retail consumption license.
(1) 
No more than two plenary retail consumption licenses shall be in effect in the municipality at any time.
(2) 
The fee for a plenary retail consumption license shall be as set forth in Chapter 102, Fees.
[Amended 2-7-1977 by Ord. No. 3-77; 3-20-1978 by Ord. No. 5-78; 5-21-1979 by Ord. No. 10-79; 4-21-1980 by Ord. No. 7-80; 6-1-1981 by Ord. No. 9-81]
B. 
There shall be permitted in the Borough of Mendham one plenary retail distribution license, to have a term of one year commencing on July 1 of each year hereafter, subject to the following regulations:
(1) 
The annual fee therefor shall be as set forth in Chapter 102, Fees.
(2) 
The plenary retail distribution license shall not be issued to permit the sale of alcoholic beverages in or upon any premises in which any other mercantile business is carried on except the sale of nonalcoholic beverages as accessory beverages, cocktail cherries, olives and onions, canned nuts, potato chips, grain appetizers, pretzels and ice.
C. 
No more than one retail license of any kind shall be issued to any person, corporation or partnership or any corporation or partnership which has a stockholder or partner who already holds a retail license of any kind in the Borough of Mendham or who owns stock in a corporation or is a partner in a partnership which already holds, or has a partner in such partnership which already holds, a retail license of any kind in the Borough of Mendham. As an exception to this subsection, a second retail consumption license may be issued to such person or entity for use only in connection with the operation of a restaurant.
[Amended 3-20-1995 by Ord. No. 5-95]
D. 
Club license. There shall be permitted in the Borough of Mendham two club licenses, to have a term of one year commencing on July 1 of each year hereafter, for an annual fee as set forth in Chapter 102, Fees.

§ 65-7 Rules and regulations.

All licenses heretofore or hereafter issued shall be subject to the following rules, regulations, terms and conditions:
A. 
With respect to both plenary retail consumption licenses and club licenses, the following hours (prevailing time) shall be the permissible hours of sale of alcoholic beverages in and on each and every licensed premises within the borough by each and every licensee:
(1) 
Monday, Tuesday, Wednesday and Thursday: from 7:00 a.m. until 1:00 a.m. of the following day [subject to the provisions of Subsection A(4) below].
(2) 
Friday and Saturday: from 7:00 a.m. until 2:00 a.m. of the following day [subject to the provisions of Subsection A(4) below].
(3) 
Sunday: from 7:00 a.m. until 11:00 p.m. [subject to the provisions of Subsection A(4) below].
(4) 
Anything hereinbefore stated to the contrary notwithstanding, the closing time for any holiday eve, regardless of the day upon which it falls, shall be extended until 2:00 a.m. of the following day, except for New Year's Eve, whose closing time shall be extended until 3:00 a.m. of the following day (New Year's Day).
B. 
During the hours when the sale, service, delivery or consumption of alcoholic beverages is prohibited by ordinances now in force or hereafter adopted by the Mayor and Council, all licensed premises operating under a plenary retail consumption license shall keep the room in which alcoholic beverages are kept for sale, commonly known as the "barroom," and all rooms where alcoholic beverages are stored closely and securely locked, and the licensee or any other person shall not enter or be allowed to enter therein.
C. 
All licenses granted hereunder must be displayed conspicuously in the licensed premises.
D. 
A copy of this article must be displayed conspicuously in the licensed premises.

§ 65-8 Service in back rooms prohibited.

No person shall be served in any room generally known as the "back room" or "side room" or in any other room or place which is not open to the public generally or open to full public view from the street in front, except that in hotels guests may be served in their rooms or in private dining rooms.

§ 65-9 Violations and penalties.

A. 
Any person, firm or corporation who shall sell or deliver any alcoholic beverage without having complied with or in violation of any of the provisions of this article shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code in the discretion of the Court.
[Amended 6-7-1999 by Ord. No. 15-99; 4-2-2007 by Ord. No. 3-07]
B. 
Any license issued pursuant to this article may be suspended or revoked for violation of any of the rules and regulations promulgated by the State Commissioner of Alcoholic Beverage Control.
[Adopted 4-17-2006 by Ord. No. 2-06]

§ 65-10 Possession and consumption prohibited.

It shall be unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property, except as provided for in § 65-13 below.

§ 65-11 Violations and penalties.

Any person convicted of violating the provisions of this article shall, in accordance with the provisions of N.J.S.A. 40:48-1 as amended, be punished by a fine not to exceed $250 for the first offense and not to exceed $350 for any subsequent offense.

§ 65-12 Additional penalties.

A. 
In addition to the fine authorized for this offense, the Court may 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 Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the Court pursuant to N.J.S.A. 40:48-1 as amended. 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.
B. 
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 Division of Motor Vehicles 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 the first and last date of the license suspension period imposed by the Court.
C. 
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 license suspension or postponement, the person shall 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.
D. 
If a person convicted under this article 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 it to the Division of Motor Vehicles on the required report. The Court shall not collect the license of a nonresident convicted under this article. Upon receipt of a report from the Court, the Division of Motor Vehicles shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

§ 65-13 Exceptions.

A. 
Nothing contained in this article is intended, nor shall it be construed, as prohibiting an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite, or 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; provided that, if the underaged person is found to possess or consume an alcoholic beverage in the presence of and with the permission of a relative other than a parent or guardian, the police shall notify the parent or legal guardian, by certified mail, of the incident together with the name of the relative who gave permission for the possession or consumption of the alcoholic beverage by the underaged person. The notification shall include a request that the parent or guardian acknowledge and return a copy of the letter to the Police Department within 15 days of receipt.
B. 
As used in the preceding Subsection A, the following terms shall have the meanings set forth:
GUARDIAN
A person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
RELATIVE
The underaged person's grandparent, aunt or uncle, sibling, or any other persons related by blood or affinity.
C. 
Nothing contained in this article is intended nor shall it be construed as prohibiting possession of alcoholic beverages by any such 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 post-secondary educational institution; provided, however, that this article shall not be construed to preclude the imposition of a penalty under this article, N.J.S.A. 33:1-81, 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.