Borough of Bradley Beach, NJ Article I Licensing and Regulations

[Adopted 6-7-1938 (Ch. VI of the 1974 Code)]

§ 110-1 Purpose.

This article is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Bradley Beach in accordance with the provisions of an act of the 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.

§ 110-2 Definitions.

For the purpose of this article, words and phrases herein shall have the same meanings 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.

§ 110-3 Licenses; fees.

A. Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the act, rules and regulations referred to in § 110-1, and all other applicable laws of the State of New Jersey or the United States.

B. Issuing authority. All licenses required by this article shall be issued by the Borough Council, which shall also administer the provisions of this article.

C. License required. No person shall sell or distribute alcoholic beverages within the Borough without having obtained a license in accordance with the act referred to in § 110-1 and the provisions of this article.

D. License fees; maximum number.

[Amended 5-13-1980; 12-31-1984; 2-24-1987; 4-24-1990; 12-10-1991; Ord. No. 1993-11; Ord. No. 1994-09; Ord. No. 2003-06]

(1) The annual license fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the Borough shall be as follows:[1]

	Class of License		Annual License	Number of Licenses
	Schedule of Fees for 2004
		Plenary retail consumption	$2,000.00	7
		Plenary retail distribution	$1,989.00	1
	Schedule of Fees for 2005
		Plenary retail consumption	$2,200.00	7
		Plenary retail distribution	$2,200.00	1
	Schedule of Fees for 2006
		Plenary retail consumption	$2,400.00	7
		Plenary retail distribution	$2,200.00	1
	Schedule of Fees for 2007
		Plenary retail consumption	$2,500.00	7
		Plenary retail distribution	$2,500.00	1

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

(2) The provisions of this section with respect to the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued.

§ 110-4 Hours and days of sales.

[Amended 12-20-1938; 5-27-1986; Ord. No. 1995-19]

A. Hours of sale. No alcoholic beverages in any licensed premises shall be sold, delivered to or served between the hours of 1:45 a.m. and 7:00 a.m. or consumed between the hours of 2:00 a.m. and 7:00 a.m. on any day, except Sundays, Christmas and New Year's Day each year as hereinafter provided. All licensed premises must be vacated by all persons except employees by 2:00 a.m.

B. Sundays. Provisions of Subsection A 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 9:00 a.m.

C. Christmas. Provisions of Subsection A shall not apply on December 25. On that day, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 3:00 a.m. and 9:00 a.m.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

D. New Year's day. Provisions of Subsection A shall not apply on January 1. On that day, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 9:00 a.m.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 110-5 Sales to certain persons.

[Amended 6-19-1956; Ord. No. 1995-19]

No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any habitual drunkard, intoxicated person or minor, or permit the consumption of alcoholic beverages on any licensed premises by any of the above-named classes of persons, or permit any such persons to congregate in or about the licensed premises.

§ 110-6 Minors.

A. Presence. No minor shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by his parent or guardian.

B. Purchase of alcoholic beverages by a minor. 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.

[Amended 6-19-1956]

C. Purchase of alcoholic beverages for a minor. 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.

[Amended 6-19-1956]

D. Misstating age. 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 21 years or to permit a person under 21 years to remain on any premises in violation of Subsection A.

[Amended 2-29-1944[1]]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

E. Presumption. Any parent or guardian of a minor who accompanies such 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.

§ 110-7 Revocation or suspension of licenses.

A. Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article or any provision of any applicable statute or any of the rules or regulations of the State 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 preferred against the licensee and affording a reasonable opportunity for hearing.

C. Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.

§ 110-8 Violations and penalties.

[Amended 3-11-1975]

The penalty for violation of any provision of this article where no other penalty of fine or imprisonment is provided shall be as provided in Chapter 1, Article II, General Penalty, of the Borough Code. This penalty shall be in addition to any different type of penalty or sanction provided in this article.