[Adopted 12-5-2013 by Ord. No. O-8-2013]
The purpose of creating this article is for regulating the licensure
and sale of alcoholic beverages in the Township of Elk, in the County
of Gloucester, State of New Jersey, in accordance with the provisions
of the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq. (hereinafter
the “Act”), and in accordance with the rules and regulations
issued or to be promulgated by the State Commissioner of the Alcoholic
Beverage Control applicable thereto.
All applications for licenses under this article and all licenses
issued herein and proceeding in connection therewith shall be subject
to said Act and said rules and regulations of said State Commissioner
of Alcoholic Beverage Control, and shall be subject to any other statutes
of New Jersey or of the United States, now existing or hereafter enacted
affecting the licensure or sale of alcoholic beverages.
The Township Committee of the Township of Elk, being the governing
body of said municipality, shall constitute the authority for the
administration or issuance of licenses under this article and shall
forthwith report the issuance of all such licenses to said State Commissioner
of Alcoholic Beverage Control.
It shall be unlawful to sell or distribute alcoholic beverages
in the Township of Elk, in the County of Gloucester, without a license
previously applied for and granted pursuant to the provisions of said
Act and this article.
A.
Plenary
retail consumption licenses. The number of plenary retail consumption
licenses in the Township of Elk shall be limited to one such license.
B.
Plenary
retail distribution licenses. The number of plenary retail distribution
licenses in the Township of Elk shall be limited to one such license.
A.
Plenary
retail consumption licenses. The fee, including renewals, for a plenary
retail consumption license shall be $2,500 per annum, payable in advance
and with the application. For any term less than a year, the license
fee shall be prorated in accordance with the ratio that the days remaining
in the license period bear to 365 days. The holder of any such license
shall be entitled to sell for consumption on the licensed premises
any alcoholic beverages by the glass or other open receptacles. Such
license shall not permit the sale of alcoholic beverages in or upon
any premises in which other mercantile business is carried on, except
such sales as are permitted under the Alcoholic Beverage Law and rules
and regulations of the Alcoholic Beverage Control Commission.
B.
Plenary
retail distribution licenses. The fee, including renewals, for a plenary
retail distribution license shall be $2,500 per annum, payable in
advance and with the application. For any term less than a year, the
license fee shall be prorated in accordance with the ratio that the
days remaining in the license period bear to 365 days. The holder
of any such license shall be entitled to sell any alcoholic beverages
for consumption off the licensed premises, but only in original containers.
Such license shall not permit the sale of alcoholic beverages in or
upon any premises in which any other mercantile business is carried
on, except such sales as are permitted under the Alcoholic Beverage
Law and rules and regulations of the Alcoholic Beverage Control Commission.
All applications for licenses shall be completed and submitted
as prescribed by the aforesaid Act and by the rules and regulations
of said State Commissioner and shall include declarations called for
by said provisions.
No license shall be issued to any person, firm, corporation
or group or partnership not fully qualified under the provisions of
said Act and said rules and regulations.
All licenses shall be for a term of one year commencing on the
first day of July in each year, and all fees shall be paid in advance
upon presentation of the application; provided, however, that any
licensee who shall voluntarily surrender his license and who shall
not have committed any violation of this article or any rule or regulation
and who shall have paid all taxes, setoffs or counterclaims that may
have become due to the State of New Jersey or to the Township of Elk
shall be entitled, after deduction of 50% of said fee, as a surrender
fee, to the prorated fee for the unexpired term.
A.
Any license
issued under this article may be suspended or revoked for violation
of any of the provisions of this article or any of the provisions
of said Act or said statutes heretofore mentioned or any of the rules
and regulations prescribed by said State Commissioner of Alcoholic
Beverage Control.
B.
Proceedings
for suspension or revocation shall be in accordance with the provisions
of said Act.
A.
Retail
consumption.
(1)
No
licensee shall sell, serve, deliver or allow, permit or suffer the
sale, service or delivery of any alcoholic beverage, or allow the
consumption of any alcoholic beverage on the licensed premises between
the hours of 2:00 a.m. and 11:00 a.m. on weekdays and Saturdays.
(2)
Notwithstanding the provisions of Subsection A(1) above, the sale, service and consumption of alcoholic beverages shall be permitted on Sundays between the hours of 11:00 a.m. and 10:00 p.m.
(3)
The
hours above referred to shall be Eastern standard time.
B.
Liquor store, retail package sale hours. No licensee shall sell or
deliver or allow, permit or suffer the sale or delivery of any alcoholic
beverage at 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 9:00 a.m. or after 10:00 p.m. Eastern standard time.
[Amended 11-20-2018 by Ord. No. O-9-2018]
C.
Closing
of premises during prohibited hours of sale. During the hours when
sales or consumption of alcoholic beverages are prohibited, the entire
licensed premises shall be closed and no person shall be admitted
to remain thereon except the licensee or bona fide employees of the
licensee. No person shall be served alcoholic beverages in any room
which is not opened to the public.
No license shall be issued for the sale of alcoholic beverages
within 200 feet of any public property, church or public school or
private schoolhouse, provided that this prohibition shall not apply
to the renewal of any license where no such public property, school
or church was located within said prohibited distance of said licensed
premises at the time of the issuance of said license or as otherwise
excepted by the provisions of said Act.
Any person who shall possess, sell, distribute or transport
any alcoholic beverage in violation of this article, or who shall
import, own, possess, keep or store in said Township of Elk alcoholic
beverages with intent to sell, distribute or transport alcoholic beverages
in violation of the provisions of this article shall be subject, upon
conviction, to any and/or all of the following:
Should any section, clause, sentence, phrase or provision of
this article be declared unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the remaining
portions of this article.
All prior ordinances or parts of ordinances inconsistent with
this article be and the same are hereby repealed to the extent of
such inconsistencies.
This article shall take effect immediately upon final passage
and publication in accordance with law.
