[HISTORY: Adopted by the Township Committee
of the Township of Hillsborough 7-12-1960 by Ord. No. 60-4 (Ch.
60 of the 1977 Code). Amendments noted where applicable.]
The purpose of this article is to regulate the
sale and distribution of alcoholic beverages in the Township of Hillsborough,
County of Somerset and State of New Jersey, to provide for the issuance
of licenses for the sale and distribution of alcoholic beverages and
to establish license fees therefor, in accordance with the provisions
of Title 33 of the New Jersey Revised Statutes, together with amendments
thereof and supplements thereto, and such rules, regulations and provisions
promulgated or to be promulgated by the State Commissioner of Alcoholic
Beverage Control governing the same and to provide penalties for violations.
[Amended 8-11-1981 by Ord. No. 81-14; 7-13-1982 by Ord. No. 82-9; 4-27-1993 by Ord. No. 93-10; 8-22-1995 by Ord. No. 95-5; 9-9-2003 by Ord. No. 2003-15]
A.
Licenses which may be issued in the Township of Hillsborough
pursuant to this article and the fees to be charged therefor shall
be as follows:
(1)
Plenary retail consumption license shall be $2,500
per year from July 1, 2003, and thereafter unless and until amended
by subsequent ordinance of the Township of Hillsborough.
(2)
Plenary retail distribution license shall be $2,500
per year from July 1, 2003, and thereafter unless and until amended
by subsequent ordinance of the Township of Hillsborough.
(3)
Club license, for which a fee of $188 per year shall
be charged.
B.
No seasonal retail consumption license and no limited
retail distribution license shall be granted within the boundaries
of the Township of Hillsborough in the County of Somerset.
[Amended 8-14-1984 by Ord. No. 84-11]
The operations under each license issued pursuant
to this article shall be confined to the premises designated in the
license and no other.
A.
Not more than 14 plenary retail consumption licenses
shall be issued and remain outstanding and in force in the Township
of Hillsborough in the County of Somerset at any one time; provided,
however, that this restriction upon the number of such licenses to
remain outstanding and in force at any one time shall not be so construed
or applied as to prevent the renewal, transfer or renewal after transfer
of any such licenses in excess of 14 which have been heretofore issued
and are now outstanding and in full force if the licensee or transferee
and the licensed premises shall otherwise possess all of the qualifications
necessary to be entitled to the renewal or transfer thereof.
[Amended 10-24-2001 by Ord. No. 2001-43; 3-8-2022 by Ord. No. 2022-02]
B.
Nothing in this article shall prevent the issuance
of a new plenary retail consumption license to a person operating
a hotel or motel containing at least 50 sleeping rooms provided, however,
that there shall be no renewal or transfer of such newly issued license
except for or to a hotel or motel containing at least 50 sleeping
rooms.
[Added 12-10-1968 by Ord. No. 68-15]
[Amended 6-26-1984 by Ord. No. 84-8; 8-22-1995 by Ord. No. 95-30; 10-24-2001 by Ord. No.
2001-43; 3-8-2022 by Ord. No. 2022-02]
The number of plenary retail distribution licenses
outstanding in the Township of Hillsborough in the County of Somerset
at the same time shall not exceed five.
The number of club licenses outstanding in the
Township of Hillsborough in the County of Somerset at the same time
shall not exceed five.
A.
No licensee shall sell, serve or deliver, or allow,
permit or suffer the sale, service or delivery of, any alcoholic beverage,
or suffer consumption of any alcoholic beverage upon the licensed
premises, on New Year's Day when it is a weekday between the hours
of 4:00 a.m. and 7:00 a.m.; on New Year’s Day when it is a Sunday
between the hours of 4:00 a.m. and 10:00 a.m.; on other weekdays between
the hours of 2:00 a.m. and 7:00 a.m.; and on other Sundays between
the hours of 2:00 a.m. and 10:00 a.m.
[Amended 9-8-2009 by Ord.
No. 2009-32]
B.
During the hours that sales are hereinabove prohibited,
the entire licensed premises shall also be closed; however, such portions
of the licensed premises as are used exclusively for the preparation
and sale of food may for such purposes be open on Sunday after the
hour of 7:00 a.m.
C.
The hours hereinabove set forth shall be according
to Eastern standard time except during such times of each year as
Eastern daylight saving time shall be in effect.
[Amended 12-27-1977 by Ord. No. 77-21]
A.
Any person who shall sell, serve, deliver, distribute or permit the sale of alcoholic beverages without having complied with this article or in violation thereof shall, upon conviction, be deemed guilty of a Class B violation, punishable as provided in Chapter 1, General Provisions, Article II, of this Code.
B.
Any person, except an officer or other person authorized
or acting pursuant to proper instructions of any officer or the Township
Committee or the Commissioner of Alcoholic Beverage Control, his duly
authorized agents or servants, who shall purchase, receive or procure
any illicit beverages shall, upon conviction thereof, be subject to
the penalties provided in N.J.S.A. 33:1-49.
[Adopted 6-13-2001 by Ord. No. 2001-26]
The purpose of this article is to provide for
the enforcement of P.L. 2000, c. 33.[1]
[1]
Editor's Note: See N.J.S.A. 33:1 et seq.
As used in this article, the following terms
shall have the meanings indicated:
A person who has qualified as a guardian of the underage
person pursuant to testamentary or court appointment.
The underage person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
A.
Any person under the legal age to purchase alcoholic
beverages who knowingly possesses without legal authority or who knowingly
consumes any alcoholic beverage on private property shall be punished
by a fine of $250 for a first offense and $350 for any subsequent
offense. The court may, in addition to the fine authorized for this
offense, suspend or postpone for six months the driving privilege
of the defendant.
B.
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 this article.
(1)
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.
(2)
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 along
with the report.
(3)
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 as 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.
The court shall, of any person convicted under this
article who is not a New Jersey resident, suspend or postpone, as
appropriate, the nonresident driving privilege of the person based
on the age of the person and submit to the division the required report.
The court shall not collect the license of a nonresident convicted
under this article. Upon receipt of a report by the court, the division
shall notify the appropriate officials in the licensing jurisdiction
of the suspension or postponement.
A.
This article does not prohibit an underage 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.
B.
This article does not prohibit 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; however,
no ordinance enacted pursuant to this article shall 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.
