[HISTORY: Adopted by the Township Council of the Township
of Mine Hill as indicated in article histories. Amendments noted where
applicable.]
[Adopted by Ord. No. 250 (Ch. VI of the 1986 Revised General Ordinances)]
The purpose of this article is to fix license fees, provide
for the investigation of all prospective licensees and regulate the
sale and distribution of alcoholic beverages within the Township by
the holders of duly issued licenses, all in accordance with N.J.S.A.
33:1-1 et seq. (Title 33, "Alcoholic Beverage Law"), as amended, and
the regulations of the Division of Alcoholic Beverage Control (N.J.A.C.
13:2-1.1 et seq.).
For the purpose of this article, words and phrases herein shall
have the same meanings as in N.J.S.A. 33:1-1 et seq., and the rules
and regulations of the Director of the Division of Alcoholic Beverage
Control.
A.
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the Act, rules and regulations referred to in § 136-1 and all other applicable laws of the State of New Jersey or the United States.
[Amended 4-7-1988 by Ord. No. 399-88]
B.
Issuing authority. All licenses required by this article shall be
issued by the Council, which shall also administer the provisions
of this article.
C.
License required. No person shall sell or distribute alcoholic beverages within the Township without obtaining a license in accordance with the Act referred to in § 136-1 and the provisions of this article.
D.
License fees and maximum number issued.
(1)
The annual fees for licenses and maximum number issued for the sale and distribution of alcoholic beverages in the Township shall be as set forth in Chapter 235, Fees.
(2)
The provisions of this subsection with respect to the limitation
on the number of licenses shall not apply to the renewal or transfer
of licenses presently issued.
(3)
The provisions of New Jersey's State Limitation Law, as provided
in Chapter 72 of the Laws of 1960 and as the same may be hereafter
amended,[2] shall control the number of and the issuance of plenary
retail consumption licenses and plenary retail distribution licenses.
[2]
Editor's Note: See N.J.S.A. 33:1-12.14.
E.
Term of license. All licenses shall be for a term of one year from
July 1 to June 30 of the following calendar year.
A.
Hours of sale on weekdays and Saturdays. No alcoholic beverages shall
be sold, delivered or served to or consumed in any licensed premises
on any day between the hours of 2:00 a.m. and 7:00 a.m. except Sundays
and New Year's Day each year as hereinafter provided.
B.
Sundays. Provisions of Subsection A shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 2:00 a.m. and 11:00 a.m.
[Amended by Ord. No. 334-84]
C.
New Year's Day. Provisions of Subsection A shall not apply on January 1. On that day, alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises from the hours of 5:00 a.m. and 7:00 a.m. unless January 1 is a Sunday, in which case alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 1:00 p.m.
D.
Closing provision. During the hours that sales are prohibited by
this section, the entire licensed premises shall be closed. This provision,
however, shall not apply to establishments (such as restaurants or
a retail store) where the principal business conducted is other than
the sale of alcoholic beverages, nor prevent a licensee, or the agents
or employees of licensee, from being upon the licensed premises for
the care thereof. Such premises may remain open during the prohibited
hours in order to carry on normal business activities, except the
sale of alcoholic beverages. If the premises remain open, however,
the bar and any other place upon the licensed premises from which
the sale or service of alcoholic beverages for on-premises consumption
is made shall be closed.
[Amended by Ord. No. 279-81]
[Amended by Ord. No. 279-81]
A.
Off-premises consumption (package sales). No licensee (retail consumption
or retail distribution licensees) shall sell or deliver or allow,
permit or suffer the sale or delivery of any alcoholic beverage in
its original container for consumption off the licensed premises (package
sales) except during the following hours (prevailing local time):
[Amended 6-15-1989 by Ord. No. 424-89]
B.
Exception: sale of malt alcoholic beverages and wine. Any holder of a plenary retail consumption license or a retail distribution license shall be permitted to sell malt alcoholic beverages and wine in their original containers for consumption off the licensed premises (package sales) during all hours, days and times when on-premises, open container consumption is permitted within the Township as defined above in Subsection A of this section.
[Amended 6-6-1991 by Ord.
No. 459-91[1]]
No plenary retail consumption premises or plenary retail distribution
premises shall be located within 200 feet of any church, public school
or private school not operated for profit. This limitation shall not
apply to the renewal or a person-to-person transfer of any such license
in existence as of the date of the adoption of this section. For the
purpose of this restriction, the distance shall be measured from the
nearest public entrance of the nearest licensed premises to the nearest
public entrance of the school or church, using the normal route a
pedestrian would walk from one premises to the other.
A.
Filing. All applications shall be filed with the Township Clerk using
the forms prescribed by the Division of Alcoholic Beverage Control.
Applications shall be filed not less than 45 days prior to the date
upon which the Council is requested to act. Applications for annual
renewals of existing licenses shall be filed on or before May 15 of
each year. Each such application shall be accompanied by the required
Township and Division of Alcoholic Beverage Control fees which must
be paid for the application in question.
B.
Publication. A notice of application shall be published and proof
of publication furnished to the Township Clerk as required by the
regulations of the Division of Alcoholic Beverage Control.
C.
Hearings and objections. Written objections to any application, including
an application for annual renewal of an existing license, may be filed
with the Township Clerk. Upon receipt of a written objection, the
Council shall hold a public hearing within the time prescribed by
regulations of the Division of Alcoholic Beverage Control and give
all interested parties an opportunity to be heard. Such hearing shall
be stenographically or electronically recorded. No hearing need be
held regarding a renewal of a license or a place-to-place or person-to-person
transfer unless written objections to the application are filed with
the Township Clerk.
D.
Investigation of applicants.
(1)
In general. All new applicants for a license to sell and distribute
alcoholic beverages within the Township shall be referred by the Township
Clerk to the Township Chief of Police for a complete and thorough
investigation by the Division of Police (Department of Public Safety)
of the background, character and criminal record of each applicant
to determine if each such applicant is qualified and fit to hold and
use the license for which an application has been filed. Each applicant
shall furnish whatever information is required to permit a thorough
investigation to be made and shall be fingerprinted by the Division
of Police as a part of such investigation.
(2)
Partnership applicants. Each partner of a partnership applicant shall
be investigated and be fingerprinted and supply whatever information
is required to conduct such a complete and thorough investigation.
No application of a partnership shall be approved unless each of the
partners would qualify and be approved as an individual applicant.
(3)
Corporate applicants.
(a)
As required by the regulations of the Division of Alcoholic
Beverage Control, the application of a corporate applicant shall list
the names and residences of all stockholders holding 10% or more of
the stock of the applicant, as well as the names and residences of
all officers and directors.
(b)
The Township Chief of Police and the Division of Police shall
cause a thorough and complete investigation to be made of each such
officer and director, as well as of each owner of more than 10% of
the outstanding stock of the corporation applicant. All of such persons
shall furnish whatever information is required and shall be fingerprinted
as a part of this investigation.
(c)
If one or more of such officers, directors or owners of more
than 10% of the stock fail to qualify as an individual applicant or
would be rejected as an individual applicant, as in the best interests
of the Township to do so, the application of the corporate applicant
shall be denied.
(4)
Investigation of employees. If requested by the Township, the applicant
shall furnish to the Township Clerk the names, residences and age
of each person employed or proposed to be employed by the applicant
in the operation of the licensed premises. Additional information
with respect to each employee which may be required to permit the
Chief of Police and the Division of Police to conduct a complete and
thorough background check of each such employee shall also be furnished
by the applicant to the Township, if requested. If deemed necessary
by the Chief of Police to conduct such an investigation, each employee
being investigated shall be fingerprinted.
(5)
Results of investigation. The Chief of Police shall report the results
of the investigation to the Council, along with his recommendations
as to whether or not the requested license should be issued to the
applicant in question.
Whenever any change shall occur in the facts set forth in any
application for a liquor license, the licensee shall file with the
Township Clerk (and also with the Division of Alcoholic Beverage Control)
a notice in writing of such change within 10 days after the occurrence
thereof. This requirement shall include notification by a corporate
licensee of any change in its officers or directors, as well as notification
of the name and residence of any owner of stock in the corporate licensee
(or applicant) who for the first time becomes the owner of more than
10% of the outstanding shares of stock of the licensee. The Chief
of Police and the Division of Police shall forthwith conduct a complete
and thorough investigation of each change, including a complete and
thorough background check of each such new officer, director and stockholder,
and submit a report of such findings and recommendations to the Council.
A.
All premises which are the subject of an application (whether a renewal
or an application for use of the premises for the first time) shall
be inspected by the Health Officer of the Township, and such Officer
shall report the results of investigations to the Council prior to
final action upon the application. No license shall be issued or be
renewed for any premises which are not safe and in a sanitary condition
meeting all applicable health requirements.[1]
B.
If, at any time during the license year, the licensed premises are
not maintained in a proper, safe and sanitary condition, such failure
shall be grounds for revocation and/or suspension of the license,
following notice and a hearing as required by law. The Health Officer
and/or his designated representative shall have the right at any time
during which the licensed premises are open to enter for the purpose
of conducting an inspection.
C.
Each licensed premises shall comply with all state and Township laws,
ordinances and regulations relating to health and safety and shall
have not less than 400 square feet of floor space open to the public.
A.
Minors on licensed premises. No minor shall be allowed in any licensed
premises where alcoholic beverages are sold or served for consumption
on the premises unless accompanied by a parent or legal guardian.
B.
Sales to minors prohibited. No licensee shall sell, deliver, or dispense
any alcoholic beverage to any person or persons who are not of legal
age for purposes of purchasing and consuming alcoholic beverages under
the laws of the State of New Jersey.
C.
Sales to certain persons prohibited. No licensee or employee of a
licensee shall sell, serve, or deliver, directly or indirectly, any
alcoholic beverages to any known criminals, persons of disreputable
character, mentally defective, habitual drunkard or intoxicated person
nor permit the consumption of alcoholic beverages on any licensed
premises by any of the above-named classes of persons, or permit any
such persons to congregate in or about the licensed premises.
D.
Improper conduct prohibited. No licensee shall permit in or upon
the licensed premises or any parking area or semipublic place which
serves the licensed premises any disturbances, lewdness, criminal
or illegal activities, brawls or permit unnecessary noise or permit
the licensed premises to be conducted in such a manner as to become
a nuisance. Public peace, decency and good order shall be maintained
at all times on and about the licensed premises.
E.
Loud noise prohibited. No loudspeaker, public address system, jukebox,
amplifiers nor any other manual, mechanical or electrical means or
device for amplifying sound shall at any time be used, or permitted
to be used, upon the licensed premises so as to be heard out-of-doors.
Any loud, unnecessary, annoying, offensive or raucous noise which
disturbs the public peace emitted by or emanating from the licensed
premises is hereby declared to be a nuisance and detrimental to the
public health and welfare and is prohibited.
A.
Any license issued under this article may be suspended or revoked
for violation of any of the provisions of this article or any applicable
provision of N.J.S.A. 33:1-1 et seq. (Alcoholic Beverage Law) or any
of the regulations of the Division of Alcoholic Beverage Control (N.J.A.C.
13:2-1 et seq.).
B.
Proceedings for suspension or revocation shall be in accordance with
the provisions of N.J.S.A. 33:1-31 by service of a five-day notice
of charges preferred against the licensee and affording a reasonable
opportunity for a hearing.
C.
Suspension or revocation of a license shall be in addition to any
other penalty which may be imposed for a violation of this article.
Unless otherwise set forth in state law, any person who violates any provision of this article or who permits the violation of any provision of this article shall, upon conviction thereof, be subject to the penalty set forth in § 1-3, General penalty, of the Code of the Township of Mine Hill.
