[HISTORY: Adopted by the Township Committee of the Township
of Liberty 4-7-1997 by Ord. No. 97-5.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 77.
[1]
Editor's Note: This ordinance superseded former Ch. 39,
Alcoholic Beverages, adopted 6-1-1935, as amended.
This chapter is for the purpose of fixing license fees and regulating
the sale of alcoholic beverages in the Township of Liberty, County
of Warren, in accordance with provisions of an Act of the State Legislature
entitled "An Act Concerning Alcoholic Beverages," P.L. 1933, c. 436,
as amended and supplemented,[1] and in accordance with the rules and regulations promulgated
or to be promulgated by the State Commission of Alcoholic Beverage
Control applicable hereto and in accordance with the rules and regulations
existing herein or hereafter adopted by competent municipal authority
not inconsistent with said Act or said rules and regulations of said
State Commissioner.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
It shall be unlawful to sell or distribute alcoholic beverages
other than as provided in this chapter and/or said Act.
The Township Committee of the Township of Liberty, County of
Warren, being the governing body of said municipality, shall constitute
the authority for the administration of the issuance of licenses hereunder.
The Township Committee herein assumes any and all jurisdiction
to file written objections or other comments with the Director of
the State Board of Alcoholic Beverage Control pursuant to the provisions
of N.J.S.A. 33:1-10 relating to restrictive brewery licenses. If at
any time an application is made to the Township Clerk, Building Inspector
or other municipal official for permission to build or otherwise establish
a microbrewery, brew pub or similar, said municipal officials shall
immediately notify the Township Clerk, who shall in turn notify the
Township Committee so that any action which may be necessary in connection
therewith can be expeditiously undertaken.
A.
Any person who shall sell or distribute any alcoholic beverage without
having complied with or in any violation of any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine
not to exceed $1,000 or imprisonment in the county jail for a period
not to exceed 90 days, or by both fine and imprisonment in the discretion
of the Court.
B.
Any license issued pursuant to this chapter may be suspended or revoked
for violation of any of the provisions of this chapter or for violation
of any of the provisions of said Act or of any of the rules and regulations
promulgated by the State Commissioner of Alcoholic Beverage Control.
[Amended 10-1-1998 by Ord. No. 98-16]
No more than seven plenary retail consumption licenses shall
be in effect in this municipality at any time, unless fewer are permitted
due to attrition, pursuant to the laws in effect at the time.
No licensee shall sell, serve, deliver or allow, permit or suffer
the sale, service or delivery of any alcoholic beverage or permit
the consumption of any alcoholic beverage on licensed premises on
weekdays between the hours of 3:00 a.m. and 6:00 a.m., prevailing
time, and on Sundays between the hours of 3:00 a.m. and 9:00 a.m.,
prevailing time.
[1]
Editor's Note: Former § 39-9, Minimum floor
space, as amended, was repealed 5-6-1999 by Ord. No. 99-4.
No plenary or seasonal retail consumption license shall be granted
for any premises within 1,000 feet of any existing licensed premises.
No licensee shall sell, serve or deliver, nor shall any such
licensee suffer or permit the sale, service or delivery of, any alcoholic
beverage, directly or indirectly, to any mental defective, habitual
drunkard or intoxicated person, nor permit the same to congregate
in or about the licensed premises.
