[Derived from Ch. 3 of the 1971 Code]
A.
Laws applicable. All applications for license, all licenses issued, and all proceedings under this chapter shall be in accordance with the Act, rules and regulations referred to in § 83-2, and all other applicable laws of the State of New Jersey or of the United States.
B.
Issuing authority. All licenses required by this chapter shall be
issued by the Township 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 having obtained a license in accordance with the Act referred to in § 83-2 and the provisions of this chapter, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Lawrence in accordance with
the provisions of an Act of Legislature of the State of New Jersey
entitled "An Act Concerning Alcoholic Beverages" (Chapter 436 of the
Laws of 1933), its supplements and amendments, and also comprising
N.J.S.A. 33:1-1 et seq., and in accordance with the rules and regulations
of the Director of the Division of Alcoholic Beverage Control.
For the purpose of this article, the words and phrases herein
shall have the same meaning 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 and the following meanings:
A person paid wages by the licensee and who is listed on
the official list of employees of the licensed premises as required
to be maintained by N.J.A.C. 13:2-23.13 or any amendments thereto.
The license fees for the period from July 1 of each year to June 30 of the year following, both inclusive, are hereby established and fixed and may be found in Chapter 156 of this Code.
[Amended 4-21-2015 by Ord. No. 2213-15]
A.
The classes and maximum number of licenses to be issued by the Township
are hereby fixed as follows and the annual fees of licenses for the
sale or distribution of alcoholic beverages in the Township shall
be as follows:
|
Class of License
|
Number of Licenses
|
|---|---|
|
Plenary retail consumption licenses
|
15
|
|
Plenary retail distribution licenses
|
4
|
|
Seasonal retail distribution
|
2
|
|
Club licenses
|
6
|
B.
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.
C.
Not more than 15 plenary retail consumption licenses shall be granted
or outstanding at the same time, provided, however, that nothing in
this section, however, shall prevent the issuance of a new license
to an applicant, otherwise qualified, who operates a hotel or motel
in the Township containing 100 or more sleeping rooms, or such other
minimum number of sleeping rooms as may hereafter be provided by law,
or who may hereafter construct and establish a new hotel or motel
containing at least 100 sleeping rooms or such other minimum number
of sleeping rooms as may hereafter be provided by law.
A.
Any license issued under this chapter may be suspended or revoked
for violation of any of the provisions of this chapter or any provision
of any applicable statute or any of the rules or regulations of the
State Director of Alcoholic Beverage Control.
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 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 chapter.
A.
No plenary retail distribution license for the sale of alcoholic
beverages shall be granted in the Township to permit the sale of alcoholic
beverages in or upon any premises in the Township in which any other
mercantile business is carried on.
B.
Notwithstanding the foregoing, any premises licensed for the sale
at retail of alcoholic beverages for off-premises consumption in the
Township shall be permitted to engage, upon the licensed premises,
in the business of the sale or rental of items commonly used upon
or in conjunction with the opening, preparing and serving of alcoholic
beverages, including, but without limitation as to generality, openers,
shakers, glassware, ice, mixers, packaged hors d'oeuvres and similar
bar accessories and supplies.
A.
Hours of sale - on premises consumption. 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 6:00 a.m. except New
Year's Day each year as hereinafter provided.
B.
Sundays - on premises consumption. No alcoholic beverage shall be
sold at any time on the first day of the week, commonly called Sunday,
except between the hours of 1:00 p.m. and 12:00 midnight and between
12:00 midnight Saturday and 2:00 a.m. Sunday.
C.
New Year's Day - on premises consumption. The provisions of Subsection A shall not apply on New Year's Day. On New Year's Day, alcoholic beverages may be sold, served, delivered or consumed in the licensed premises between the hours of 2:00 a.m. and 6:00 a.m. except that when the morning of January 1 falls on a Sunday, in which case such beverages may be sold between 12:00 midnight Saturday and 5:00 a.m. Sunday.
Nothing herein shall be construed to permit the sale, service,
distribution, delivery or consumption of alcoholic beverages at any
time or times prohibited by any law of the State of New Jersey or
any rules or regulations of the State Department of Alcoholic Beverage
Control.
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any intoxicated
person or person under the legal age, or permit the consumption of
alcoholic beverages on any licensed premises by any of the above-named
persons.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
It shall be unlawful for:
(1)
A person under the legal age for purchasing alcoholic beverages to
enter any premises licensed for the retail sale of alcoholic beverages
for the purpose of purchasing, or having served or delivered to him
or her any alcoholic beverage; or
(2)
A person under the legal age for purchasing alcoholic beverages to
consume any alcoholic beverage on premises licensed for the retail
sale of alcoholic beverages, or to purchase, attempt to purchase or
have another purchase for him any alcoholic beverage; or
(3)
Any person to enter any premises licensed for the retail sale of
alcoholic beverages for the purpose of purchasing, or to purchase
alcoholic beverages, for another person who does not because of his
age have the right to purchase and consume alcoholic beverages.
B.
Any person who shall violate any of the provisions of this subsection
shall be deemed and adjudged to be a disorderly person, and upon conviction
thereof, shall be punished by a fine of not less than $500. In addition,
the court shall suspend the person's license to operate a motor vehicle
for six months or prohibit the person from obtaining a license to
operate a motor vehicle in this state for six months beginning on
the date he becomes eligible to obtain a license or on the date of
conviction, whichever is later. In addition to the general penalty
prescribed for an offense, the court may require any person under
the legal age to purchase alcoholic beverages who violates this act
to participate in an alcohol education or treatment program authorized
by the Department of Health for a period not to exceed the maximum
period of confinement prescribed by law for the offense for which
the individual has been convicted.
No underaged person shall purchase or attempt to purchase or
have another purchase for them any alcoholic beverage on any premises
licensed for the sale or consumption of alcoholic beverages.
No person shall purchase or attempt to purchase alcoholic beverages
for an underaged person(s). It shall be unlawful for any person to
induce or attempt to induce any licensee or employee of any licensee
to sell, serve or deliver alcoholic beverages to an underaged person(s).
Any parent or guardian of an underaged person(s) who accompanies
such underaged person(s) into a premises where alcoholic beverages
are served and who permits the underaged person(s) to possess or consume
alcoholic beverages shall be presumed to have misrepresented the age
of the underaged person(s).
No person under the legal age shall possess, serve, sell or
consume any alcoholic beverage in any public place within the Township.
No person shall misrepresent his age or the age of another person
for the purpose of inducing any licensee or their employee to sell,
serve or deliver any alcoholic beverage to a person under the legal
age for purchasing beverages or to permit a person under the legal
age for purchasing alcoholic beverages to remain on any premises in
violation of this section.
A parent or guardian of any minor charged with a violation of
any of the provisions of sections shall be required to attend the
hearing of the complaint. For the purpose of compelling such attendance
the Judge of the Municipal Court is hereby authorized and directed
to cause a parent or guardian of the minor to attend the hearing by
issuing appropriate subpoenas to compel such attendance. It shall
be sufficient compliance with the provisions hereof if one of the
parents or one of the guardians attend the hearing.
No person under the age of 21 years shall be permitted to sing,
dance, perform, act, play in an orchestra or in any manner exhibit
himself in any performance or entertainment held, given, offered or
conducted on the licensed premises.
A.
During the hours when sales of alcoholic beverages are prohibited,
the entire licensed premises shall be closed and no person shall be
admitted or permitted to remain thereon except the licensee or bona
fide employees of the licensee; provided, however, that such requirement
for the closing of the premises shall not apply to bona fide hotels
or restaurants as defined in N.J.S.A. 33:1-1(t) and to clubs eligible
for a club license under N.J.S.A. 33:1-12(5) and to other establishments
where the principal business is other than the sale of alcoholic beverages.
B.
Hotels; restaurants; clubs and bowling alleys. In hotels, bowling
alleys and restaurants and in clubs entitled to club licenses under
the law and state rules and regulations, the room in which alcoholic
beverages are kept for sale, commonly known as the barroom, must be
kept closed and securely locked during the prohibited time and the
licensee and any of his employees or any other person shall not enter
or be allowed to enter therein. In a restaurant having no room commonly
known as a barroom but having a bar located within the room in which
the food is served, the bar, during such prohibited time, must be
completely screened by an open grill of not more than three-inch mesh
or open ironwork approved by the license committee to a height of
not less than four feet above the level of the bar, and all approaches
to the bar must be securely locked. A "restaurant" shall be defined
as an establishment regularly and principally used for the purpose
of providing meals to the public, having an adequate kitchen and dining
room kept for the purpose of preparing, cooking and serving food and
in which dining room food is served at tables by waiters who are other
than the person known as the bartender.
During the hours that the sale of alcoholic beverages are prohibited,
the entire licensed premises, except restaurants and hotels, shall
be closed and no person shall be admitted or permitted to remain thereon
except the licensee or bona fide employees of the licensee.
All licensees shall expose conspicuously in the place of business
the license issued by the Township of Lawrence.
