Township of Franklin, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Franklin as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 182.
[Adopted 5-2-75 (Ch. 44 of the 1988 Code)]

§ 107-1 License required; issuing authority.

A. 
License required. It shall be unlawful to sell or distribute alcoholic beverages within the Township of Franklin, County of Hunterdon and State of New Jersey, hereafter called "Township," without a license.
B. 
Issuing authority. The Township Committee of the Township shall constitute the authority for the administration of the issuance of licenses hereunder, and the Township Clerk is authorized and empowered to issue licenses for the sale and distribution of alcoholic beverages in the Township when such licenses shall have been approved.

§ 107-2 Classes of licenses.

The classes of licenses to be issued hereunder by the Township are hereby fixed as follows:
A. 
Plenary retail consumption license.
B. 
Plenary retail distribution license.
C. 
Club license.

§ 107-3 Certain licenses not to be granted.

It is hereby determined that no seasonal retail consumption license nor limited retail distribution license shall be issued in the Township.

§ 107-4 Number of licenses.

The maximum number of plenary retail consumption licenses, plenary retail distribution licenses and club licenses to be granted and issued by the Township shall be as follows:
A. 
Plenary retail consumption license: one.
B. 
Plenary retail distribution license: one.
C. 
Club license: three.
[Amended 12-30-1991 by Ord. No. 91-16]

§ 107-5 Fees.

[Amended 9-11-1981 by Ord. No. 81-1; 6-5-1986 by Ord. No. 86-2; 12-30-1991 by Ord. No. 91-16; 4-18-2002 by Ord. No. 2002-03]
A. 
The annual fees for plenary retail consumption, plenary retail distribution, and club licenses shall be as established by Chapter 182, Fees, of the Code of the Township of Franklin.
B. 
The figures established by Chapter 182 of the Code of the Township of Franklin, with regard to plenary retail consumption licenses, plenary retail distribution license and club license shall reflect an annual increase of 20% according to the laws of the State of New Jersey and rules and regulations issued by the Commissioner of Alcoholic Beverage Control, where applicable to maximums established.
C. 
The respective fees for any such licenses shall be prorated according to the date of license, based on the annual fee as provided in Chapter 182, Fees.

§ 107-6 Hours.

A. 
No licensee shall sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of, any alcoholic beverages, or allow, permit or suffer the consumption of any alcoholic beverage on the licensed premises between the following hours on the following days:
(1) 
On weekdays between the hours of 2:00 a.m. and 7:00 a.m.
(2) 
On Sundays between the hours of 2:00 a.m. and 12:00 noon.
(3) 
On New Year's Day when it is a weekday between the hours of 4:00 a.m. and 7:00 p.m.
(4) 
On New Year's Day when it is a Sunday between the hours of 4:00 a.m. and 12:00 noon.
B. 
All the designations herein set forth are intended to mean prevailing time. The entire licensed premises shall be closed during the hours in which sales, service, delivery and consumption of alcoholic beverages are prohibited; provided, however, that this requirement for the closing of the premises shall not apply to bona fide hotels or restaurants.

§ 107-7 License restrictions.

A. 
The holder of a plenary retail consumption license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages for consumption on the licensed premises by the glass or other open receptacle, and also to sell any alcoholic beverages in original containers for consumption off the licensed premises, but this license shall not permit the sale of alcoholic beverages in or upon any premises in which a grocery, delicatessen, drugstore or other mercantile business, except for a hotel or restaurant, is carried on. This shall not preclude the sale of distillers' and vintners' packaged holiday merchandise, prepacked as a unit with suitable glassware as gift items, to be sold only as a unit; cigars, cigarettes, packaged crackers, chips, nuts and similar snacks and ice at retail as an accommodation to patrons; or the retail sale of nonalcoholic beverages as an accommodation to patrons: or the retail sale of nonalcoholic beverages as accessory beverages to alcoholic beverages; or, in commercial bowling establishments, the retail sale or rental of bowling accessories and the retail sale from vending machines of candy, ice cream and nonalcoholic beverages.
B. 
The holder of a plenary retail distribution license shall be entitled, subject to rules and regulations, to sell alcoholic beverages for consumption off the licensed premises but only in original containers. This license shall not permit the sale of alcoholic beverages in or upon any premises in which any other mercantile business is carried on, except that this shall not prohibit the retail sale of distillers' and vintners' packaged holiday merchandise, prepacked as a unit with suitable glassware as gift items, to be sold only as a unit; cigars, cigarettes, packaged crackers, chips, nuts and similar snacks, ice and nonalcoholic beverages as accessory beverages to alcoholic beverages.
C. 
The holder of a club license, subject to rules and regulations, shall be entitled to sell alcoholic beverages only for immediate consumption on the licensed premises and only to bona fide club members and their guests. A club license may be issued only to such corporations, associations and organizations as are operated for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes and not for private gain and as comply with all conditions which may be imposed by the Commissioner of Alcoholic Beverage Control by rules and regulations.

§ 107-8 Compliance with state regulations required.

All licenses under this article shall comply at all times with all rules and regulations issued by the State Commissioner of Alcoholic Beverage Control (N.J.A.C. 13:2-1 et seq., as amended) and the statutes in such case made and provided (N.J.S.A. 33:1-1 et seq., as amended).

§ 107-9 Suspension or revocation of license.

In addition to penalties provided herein, any license issued pursuant to this article may be suspended or revoked for violation of any provision of this article or for violation of any provision of the Revised Statutes (N.J.S.A. 33:1-1 et seq., as amended) or any of the rules and regulations issued by the Commissioner of Alcoholic Beverage Control (N.J.A.C. 13:2-1 et seq., as amended).

§ 107-10 Violations and penalties.

[Amended 2-4-1988 by Ord. No. 88-2]
Unless otherwise provided by Title 33 of the New Jersey Statutes Annotated, any person who violates any provision of this article shall, upon conviction thereof, be punished as provided in Chapter 1, Article I, General Penalty.
[Adopted 10-5-1979 (Ch. 91, § 91-3, of the 1988 Code); amended in its entirety 10-31-2006 by Ord. No. 2006-12]

§ 107-11 Definitions.

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 with fruit juices or otherwise.

§ 107-12 Consumption and possession in public places.

No person shall consume or possess any alcoholic beverage in an open container on any public street, sidewalk, avenue, alley, highway or other thoroughfare or in any public park, beach or on any public lot, except as hereinafter provided.

§ 107-13 Consumption in automobiles.

No person shall consume alcoholic beverages while in any automobile, whether in motion or parked, on any of the public streets, sidewalks, parking lots, avenues, alleyways, highways or other thoroughfares open to general vehicular traffic within the Township of Franklin at any time.

§ 107-14 Exemptions; special permits.

This article shall not be construed to prohibit the possession of alcoholic beverages within the licensed premises of a plenary retail consumption liquor licensee or upon the premises of an organization holding a club liquor license or unless a special permit is issued by the State of New Jersey, Division of Alcoholic Beverage Control, pursuant to N.J.A.C. 13:2-6.1 and approved by resolution of the Township Committee for the consumption of alcoholic beverages, which permit shall include terms and conditions as established by the issuing authority and shall specify the duration of said permit.

§ 107-15 Violations and penalties.

Any person who violates any provision of this article or fails to comply therewith shall, severally, for each and every violation and noncompliance, be subject to the penalties provided in Chapter 1, Article I, General Penalty, at the discretion of the Judge before whom a conviction may be found.