Township of Washington, NJ Chapter 43 Alcoholic Beverages

[HISTORY: Adopted by the Township Committee of the Township of Washington 2-14-1973. Amendments noted where applicable.]

§ 43-1 Provisions applicable to licensing.

All applications for licenses under this chapter and all licenses issued hereunder and proceedings in connection herewith shall be made in accordance with and issued subject to N.J.S.A. 33:1-1 et seq. and the rules and regulations of the Division of Alcoholic Beverage Control of New Jersey applicable thereto and shall be subject to any other statutes of New Jersey or of the United States, now extant or hereafter enacted, affecting such subject matters.

§ 43-2 Licensing authority.

The Township Committee of the Township of Washington, being the governing body of said municipality, shall constitute the authority for the administration of issuance of licenses under this chapter and shall forthwith report the issuance of all such licenses to the Commissioner of Alcoholic Beverage Control.

§ 43-3 License required; application requirements.

A. License required. It shall be unlawful to sell or distribute alcoholic beverages in the Township of Washington, in the County of Warren, without a license previously applied for and granted pursuant to the provisions of said statute.

B. Application requirements. All applications shall be in accordance with the provisions of N.J.S.A. 33:1-25.

§ 43-4 Petitions and written objections to license issuance.

Any and all written objections and petitions filed protesting against the issuance of any alcoholic beverage license or the granting of a license transfer shall be dated and signed after the first advertisement of the notice of application has been published.

§ 43-5 Types of licenses; fees.

The following are types of alcoholic beverage licenses:

A. Plenary retail consumption license. The fee for a plenary retail consumption license shall be $720, and the holder of such license shall be entitled, subject to the provisions of said statute, to sell for consumption on the licensed premises any alcoholic beverages by the glass or other open receptacle and also to sell all alcoholic beverages in original containers for consumption off the licensed premises.

[Amended 11-11-1987 by Ord. No. 87-18; 9-21-1999 by Ord. No. 99-10; 3-19-2002 by Ord. No. 02-4]

B. Seasonal retail consumption license. The fee for a seasonal retail consumption license shall be 75% of the fee fixed for plenary retail consumption licenses, and such license shall entitle the holder, subject to the provisions of said statute, to sell during the summer season from May 1 until November 14, inclusive, or during the winter season, from November 15 to April 30, inclusive, for consumption on the licensed premises any alcoholic beverage by the glass or other open receptacle and also, to sell all alcoholic beverages in original containers for consumption off the licensed premises.

C. Plenary retail distribution license. There shall be no plenary retail distribution license granted within the Township of Washington, Warren County.

D. Limited retail distribution license. There shall be no limited retail distribution license granted within the Township of Washington, Warren County.

E. Club license. The fee for a club license shall be $90, and the holder of such license shall be entitled, subject to the provisions of said statute, to sell any alcoholic beverages intended for immediate consumption on the licensed premises and only to bona fide club members and their guests. Club licenses 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 which comply with all conditions which may be imposed by the Commissioner of Alcoholic Beverage Control by rules and regulations.

[Amended 11-11-1987 by Ord. No. 87-18; 9-21-1999 by Ord. No. 99-10; 3-19-2002 by Ord. No. 02-4]

§ 43-6 Number of licenses restricted.

The total number of plenary retail consumption licenses and seasonal retail consumption licenses issued and outstanding in the Township at the same time shall not exceed one for each 3,000 persons as shown by the last preceding federal census.

§ 43-7 Hours of sale.

A. No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage upon the licensed premises on New Year's Day:

(1) When it is a weekday between the hours of 6:00 a.m. and 7:00 a.m.

(2) When it is a Sunday between the hours of 6:00 a.m. and 10:00 a.m., prevailing time.

[Amended 8-15-2000 by Ord. No. 00-8]

B. During the period from January 2 to December 31, inclusive, no licensee shall serve, deliver or allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage upon the licensed premises after 2:00 a.m. on any given day.

[Amended 8-15-2000 by Ord. No. 00-8; 2-21-2006 by Ord. No. 2006-04]

C. During the hours when sales, service, delivery or consumption of alcoholic beverages are hereinabove prohibited, the entire licensed premises shall be closed, and no person other than the licensee and his bona fide employees shall be permitted to enter or remain therein. This closing of premises requirement shall not apply to restaurants as defined in N.J.S.A. 33:1-1, to clubs which are qualified for licenses under N.J.S.A. 33:1-12(5) or to other licensed premises whereon the principal business is other than the sale of alcoholic beverages.[1]

[1] Editor's Note: An original paragraph, which immediately followed this subsection and duplicated provisions of this subsection, was repealed 11-8-1978.

D. During the hours when the premises are hereinabove required to be closed, such licensed premises shall be open to public view from the public thoroughfare or other place to which the public has free access, and no blind, screen, partition, curtain or other article shall be so left or placed as to prevent an unobstructed view of such premises during such hours.

§ 43-8 Prohibitions pertaining to minors.

[Amended 8-15-2000 by Ord. No. 00-8; 3-15-2005 by Ord. No. 2005-05]

A. No person under the legal age shall order, be served with or have in his or her possession or consume any alcoholic beverages on any public street or in any public place in the Township of Washington, in the County of Warren. No person shall invite or induce any person under the legal age to be served with or have in his or her possession any alcoholic beverages on any public street or in any public place in the Township of Washington, in the County of Warren.

B. It shall be unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.

C. Nothing contained in this article is intended, nor shall it be construed, as prohibiting an underaged 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. A relative is defined to be the underaged person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity. A guardian is defined to be a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.

D. Nothing contained in this article is intended nor shall it be construed as prohibiting 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 a hotel management program at a county vocational school or postsecondary educational institution; provided, however, that this article shall not 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.

§ 43-9 Revocation or suspension of license.

A. Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter or any of the provisions of said statute or said statutes heretofore mentioned or of any of the regulations and rules prescribed by said Commissioner of Alcoholic Beverage Control.

B. Proceedings for suspensions or revocation shall be in accordance with the provisions of said statute, by service of a five-day notice of charges preferred against the licensee, as provided in said statute, and the affording of a reasonable opportunity for a hearing. Such suspension or revocation shall carry the penalties and prohibitions provided for in said statute.

§ 43-10 Violations and penalties.

[Amended 3-15-2005 by Ord. No. 2005-05]

A. Unless another penalty is expressly provided by New Jersey Statute or by rules and regulations duly promulgated by the State Director or Alcoholic Beverage Control any person convicted of a violation of a provision of this chapter or any amendment hereto, with the exception of § 43-8, shall be subject to a fine of not more than $500 or may be imprisoned in the county jail for term not to exceed 90 days, or both.

B. Any person convicted of a violation of § 43-8 or any amendment hereto shall be subject to:

(1) In accordance with the provisions of N.J.S.A. 40:48-1.2, be punished by a fine of $250 for a first offense and $350 for any subsequent offense.

(2) In addition to the fine authorized for this offense, the court may suspend or postpone for six months the driving privileges of the defendant. 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 N.J.S.A. 40:48-1.2. If a person at the time of the imposition of 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.

(3) 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 of Motor Vehicles along with the report. 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 the sex of the person, as well as the first and last date of the license suspension period imposed by the court.

(4) 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 written notice in writing. Failure to receive a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.

(5) If a person convicted under this article is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresidential driving privilege of the person based on the age of the person and submit it to the Division of Motor Vehicles on the required report. The court shall not collect the license of a nonresident convicted under this article. Upon receipt of a report from the court, the Division of Motor Vehicles shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.