Town of Boonton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Boonton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Entertainment — See Ch. 124.
[Adopted 12-17-1990 as Sec. 4-2 of the 1990 Code]
As used in this article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Any fluid or solid capable of being converted into a fluid, suitable for human consumption, and having an alcoholic content of more than 1/2 of 1% by volume, including alcohol, beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes or any mixture of the same, and fruit juices.
No person shall consume alcoholic beverages on any of the public streets, sidewalks, parking lots which are open to the public at large, whether publicly or privately owned, roadways, pathways, playgrounds, outdoor facilities owned or operated by the Town Board of Education, parks and shopping plazas at any hour of the day or night unless a special permit is issued as provided herein.
No person shall consume alcoholic beverages while in any automobile, whether in motion or parked, on any of the public streets, sidewalks, parking lots which are open to the public at large, whether publicly or privately owned, roadways, pathways, playgrounds, outdoor facilities owned or operated by the Town Board of Education, parks, shopping plazas or other thoroughfares open to general vehicular traffic in the Town.
Notwithstanding the provisions contained in §§ 72-2 and 72-3 of this article, a special permit may be issued by the Mayor and Board of Aldermen of the Town for the consumption of alcoholic beverages, which permit shall include terms and conditions as established by the Mayor and Board of Aldermen and shall specify the duration of the permit.
Any person who shall violate any provisions of this article or fail to comply therewith, shall severally, for each and every such violation and noncompliance, be liable to the penalty stated in Chapter 1, General Provisions, Article III, General Penalty.
[Adopted 12-17-1990 as Ch. VI of the 1990 Code]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Town of Boonton in accordance with the provisions of an act of 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.
For the purpose of this chapter, 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.
A. 
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the act, rules and regulations referred to in § 72-6, and all other applicable laws of the State of New Jersey or the United States.
B. 
Issuing authority. All licenses required by this chapter shall be issued by the Mayor and Board of Aldermen which shall also administer the provisions of this chapter.
C. 
License required. No person shall sell or distribute alcoholic beverages within the Town without obtaining a license in accordance with the act referred to in § 72-6 and the provisions of this chapter.
D. 
License fees.
[Amended 2-2-2004 by Ord. No. 4-2004]
(1) 
Pursuant to N.J.S.A. 33:1-12, retail alcoholic beverage license fees shall be increased 20% per year to a maximum of $2,500 per year for plenary retail consumption and plenary retail distribution licenses, and up to a maximum of $188 per year for club licenses.
(2) 
The annual fees shall be as follows:
Year
Annual License Fee
Plenary Retail
Consumption License
Plenary Retail
Distribution License
Club
License
2004
$690
$576
$180
2005
$828
$691
$188
2006
$993
$829
$188
2007
$1,191
$994
$188
2008
$1,429
$1,192
$188
2009
$1,714
$1,430
$188
2010
$2,056
$1,716
$188
2011
$2,467
$2,059
$188
2012
$2,500
$2,470
$188
2013
$2,500
$2,500
$188
E. 
Number of licenses. No more than seven plenary retail consumption licenses nor more than four plenary retail distribution licenses shall be outstanding in the Town at the same time, provided, however, that this shall not prevent the renewal of such licenses outstanding upon the adoption of this chapter, or the transfer of such licenses and the renewal of licenses which have been transferred. Nothing herein contained shall prevent the issuance of plenary retail consumption licenses in excess of the above quota to bona fide hotels having at least 100 complete sleeping rooms,[1] provided, however, that such licenses shall be conditioned that the premises for which they are issued shall continue to be operated as bona fide hotels with at least 20 complete sleeping rooms, and that such licenses shall not be transferred to other premises which are not operated as bona fide hotels as aforesaid.
[1]
Editor's Note: In accordance with N.J.S.A. 33:1-12.20, effective January 1, 1969, 100 rooms are required for a hotel license.
A. 
Hours of sale.
(1) 
On premises consumption. No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage for the purpose of consumption on the licensed premises on any day between the hours of 2:00 a.m. and 8:00 a.m. except Sundays and New Year's Day each year as hereinafter provided.
(2) 
Off premises consumption. No licensee shall sell, serve, deliver, or allow, permit or suffer the sale, service or delivery of any alcoholic beverage for 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 open container from a retail licensed premises on any day before the hour of 9:00 a.m., or after the hour of 10:00 p.m. except Saturdays, Sundays and New Year's Day each year as hereinafter provided.
B. 
Sundays.
(1) 
On premises consumption. The provisions of Subsection A(1) shall not apply on Sundays. On Sundays, no licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage for the purpose of consumption on the licensed premises between the hours of 2:00 a.m. and 11:00 a.m.
(2) 
Off premises consumption. No licensee shall sell, serve, deliver, or allow, permit or suffer the sale, service or delivery of any alcoholic beverage for 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 open container from a retail licensed premises before the hour of 9:00 a.m., or after the hour of 10:00 p.m.
C. 
New Year's Day. The provisions of Subsection A(1) shall not apply on January 1. On New Year's Day when it is a weekday, the prohibition provided for in Subsection A(1) shall apply between the hours of 3:00 a.m. and 8:00 a.m. and, when it is Sunday, between the hours of 3:00 a.m. and 11:00 a.m.
D. 
Closing provision. During the hours when sales are hereinabove prohibited, the entire licensed premises shall also be closed, but this closing of premises requirement shall not apply to bona fide hotels, restaurants as defined in N.J.S.A. 33:1-1(t), or to other establishments where the principal business is other than the sale of alcoholic beverages.
E. 
Sale of certain alcoholic beverages. Whenever the sale of alcoholic beverages for consumption on the premises and off the premises, or either thereof, is herein authorized, the sale of malt alcoholic beverages or wine in original bottle or canned 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 hereby permitted and authorized.
F. 
Sales to certain persons. No licensee shall sell, serve, or deliver, nor shall any licensee suffer or permit the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any person under the legal age for purchasing alcoholic beverages, or intoxicated person, nor permit the same to congregate in or about the licensed premises.
G. 
Minimum floor space requirements. No license shall be issued for any premises not having a floor space of at least 400 square feet.
H. 
Prohibition against sale of alcoholic beverages in other business premises; permitted sale of certain accessory items. No plenary retail distribution license shall be issued to permit the sale of alcoholic beverages in or upon any premises in which any other mercantile business is carried on provided; however, that this shall not prohibit a plenary retail distribution licensee from selling at retail upon the licensed premises cigarettes, cherries, olives, cocktail onions, Fernet Branca Bitters, Ferrochina Ramozotti, and all other types of bitters, lemon mix, lime mix, other prepared mixes, Christmas liquor baskets, bottle openers, cork pullers, ice cubes, packaged nuts, potato chips, pretzels, Fritos, corn chips, Cheetos and Cheesits.
I. 
Rooms open to general public exception.
(1) 
Rooms to be open to public. No person shall be served in any room which is not open to the use of the public generally except that in hotels guests may be served in their rooms or in private dining rooms; and further provided that this regulation shall not apply to club licensees, and this shall apply only during hours prescribed for the sale of alcoholic beverages.
(2) 
Interior of licensed premises to be open to public view and sufficiently lighted. All premises in which alcoholic beverages are sold or dispensed, except those which hold club licenses, and guest rooms and private dining rooms in hotels, shall be so arranged that a full view of the interior may be had from the public thoroughfare or from adjacent rooms to which the public is freely admitted. All such premises shall be lighted sufficiently so that a full view of the interior thereof may be had at all hours from the public thoroughfare or from adjacent rooms to which the public is freely admitted.
A. 
Entry into licensed premises by persons under the legal age declared unlawful. It shall be unlawful for a minor to enter any premises licensed for the sale of alcoholic beverages for consumption on the premises except such part of the licensed premises conducted as a restaurant, bowling alley, or for the accommodation of guests.
B. 
Purchase of alcoholic beverages by minor declared unlawful. It shall be unlawful for a person under the legal age to purchase, attempt to purchase or have another purchase for him, any alcoholic beverage in premises licensed for the sale of alcoholic beverages.
C. 
Misrepresenting age. It shall be unlawful for any person under the legal age to misrepresent or misstate his age for the purpose of inducing any retail licensee or any employee of a retail licensee, to sell, serve or deliver any alcoholic beverages to him.
D. 
Prohibited acts. It shall be unlawful for any person under the legal age knowingly to possess, carry, distribute, transport or consume any alcoholic beverage in any public place or place of assembly, any park, public street, parking lot, highway, road or alley, or in any motor vehicle in any such public places in the Town.
E. 
Exception as to person under the legal age engaged in permitted employment. Nothing contained in Subsection D shall apply to possession of an alcoholic beverage by any such person while actually engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of N.J.S.A. 33:1-26.
F. 
Unlawful acts by persons under legal age for purchase of alcoholic beverages; disorderly persons. It shall be unlawful for:
(1) 
A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her, any alcoholic beverage;
(2) 
A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or
(3) 
Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.
G. 
Any person who shall violate any of the provisions of this article shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $100. 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 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.
A. 
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.
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 chapter.