[HISTORY: Adopted by the Mayor and Board
of Aldermen of the Town of Boonton as indicated in article histories.
Amendments noted where applicable.]
[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:
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.
[Adopted 12-17-1990 as Ch. VI of the 1990 Code]
This article 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 article, 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 article 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 article
shall be issued by the Mayor and Board of Aldermen which shall also
administer the provisions of this article.
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 article.
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 article, 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.
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 Cheez-its.
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 em 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 $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 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
