Township of Robbinsville, NJ
Mercer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township of Washington (now Township of Robbinsville) 12-31-2001 by Ord. No. 2001-37 as Ch. VI of the 2001 Code. Amendments noted where applicable.]

§ 66-1 Purpose.

[Amended 8-30-2005 by Ord. No. 2005-29]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Robbinsville in accordance with the provisions N.J.S.A. 33:1-1 et seq. and in accordance with the rules and regulations of the State Director of Alcoholic Beverage Control.

§ 66-2 Definition of terms.

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.

§ 66-3 General licensing provisions.

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 § 66-1, and all other applicable laws of the State of New Jersey or the United States.
B. 
Issuing authority. All licenses required by this article shall be issued by the governing body which shall also administer the provisions of this article.
C. 
Compliance with provisions. It shall not be lawful to possess, sell, distribute or transport alcoholic beverages within the Township otherwise than as provided in this article and/or the Alcoholic Beverage Control Act, P.L. 1933, c. 436 (N.J.S.A. 33:1-1 et seq.), as amended and supplemented.
D. 
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 § 66-1, the provisions of this article, and the Alcoholic Beverage Control Act (N.J.S.A. 33:1-1 et seq.).

§ 66-3.1 Licenses for hotels.

[Added 1-24-2008 by Ord. No. 2008-2]
A. 
In accordance with N.J.S.A. 33:1-12.20, the Township may issue a plenary retail consumption license to a person or entity operating a hotel or motel containing 100 guest sleeping rooms or who may hereafter constitute and establish a new hotel or motel containing 100 guest sleeping rooms which has not received a license prior to the effective date of this section.
B. 
The plenary retail consumption licenses for a new qualified hotel or motel shall be publicly bid on notice based on such terms as the Township Council may establish by resolution in accordance with the procedures, including notice, set forth in N.J.S.A. 33:1-19.1 et seq.
C. 
A guest sleeping room shall be defined as a partitioned part of the inside of a hotel/motel building, which contains a bed or beds, and is maintained primarily for sleeping purposes and which is let out by its owner, or any agent of its owner, at any time for compensation, whether on a daily, periodic, weekly or seasonal basis and whether to relatives, friends, guests or other third parties, as defined in N.J.S.A. 33:1-12.20.
D. 
All hotel or motel retail consumption licenses which have been issued at any time shall be confined to that hotel or motel property and shall not be subject to a transfer to another premises.

§ 66-4 License fees.

A. 
The license fees for the sale or distribution of the alcoholic beverages in the Township shall be the maximum allowable fees pursuant to N.J.S.A. 33:1-12, as provided in Chapter 109, Fees.
[Amended by Ord. No. 90-1; Ord. No. 2000-5; 2-10-2005 by Ord. No. 2005-1]
B. 
The license fees for plenary retail consumption, plenary retail distribution and club licenses shall automatically increase each July by 20% until such time as the fees are equal to the maximum allowable fees pursuant to N.J.S.A. 33:1-12.
[Amended 8-30-2005 by Ord. No. 2005-29]
C. 
The provisions of this section with respect to the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued.

§ 66-5 Hours and days of sale.

[Amended by Ord. No. 82-11; Ord. No. 82-14; Ord. No. 82-17; 6-24-2004 by Ord. No. 2004-23]
A. 
Hours of sale. No alcoholic beverages shall be sold, delivered, served or consumed in any licensed premises on any day between the hours of 2:00 a.m. and 6:00 a.m.
B. 
Sundays. Provisions of Subsection A shall not apply on Sundays. On Sundays, no alcoholic beverages shall be sold, served, delivered or consumed in any licensed premises between the hours of 2:00 a.m. and 7:00 a.m.
C. 
New Year's Day. On New Year's Day alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises at all hours. If January 1 is a Sunday, alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 6:00 a.m. and 9:00 a.m.

§ 66-6 Sales of alcoholic beverages in original containers for off-premises consumption.

Notwithstanding any other provision of this article, the holders of plenary retail consumption licenses and the holders of plenary retail distribution licenses may sell wine and malt alcoholic beverages in original bottles or can containers for consumption off the premises on the same days and during the same hours as the sale of alcoholic beverages for consumption on the premises is permitted and authorized by this article.[1]
[1]
Editor's Note: Original Section 6-4.5, Sales to Certain Persons, which immediately followed this section, was deleted 8-30-2005 by Ord. No. 2005-29.

§ 66-7 Closing provisions.

During the hours that the sale or distribution of alcoholic beverages is 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. This provision shall not apply to hotels and restaurants as defined in N.J.S.A. 33:1-1 et seq. or clubs where the principal business is other than the sale of alcoholic beverages.

§ 66-8 Conspicuous display of licenses required.

Every license shall be exposed to public view in a conspicuous place in the licensed premises, and any omission to do so shall be presumptive evidence that the place where alcoholic beverages are being sold is unlicensed. [1]
[1]
Editor's Note: Original Section 6-4.8, Display of Fetal Alcohol Syndrome (F.A.S.) Warning Signs, which was added by Ord. No. 90-17 and amended by 2000-5 and which immediately followed this section, was deleted 8-30-2005 by Ord. No. 2005-29.

§ 66-9 Applications.

A. 
Applications; payment of fees; records. Applications for licenses may be made to the Municipal Clerk in accordance with the terms and conditions set forth by state law and with payment of fees as therein required. The Municipal Clerk shall keep a complete record of such applications and of the licenses granted hereunder.
B. 
Form of applications; licensees to comply with state and municipal law. All applications for licenses shall be in the form required by law and as prepared and furnished by the Municipal Clerk, and each licensee shall comply with the terms of state law and be subject to the terms and provisions thereof and of these regulations. [1]
[1]
Editor's Note: Original Section 6-5, Regulations Pertaining to Licensed Premises, which immediately followed this section, was deleted 8-29-2005 by Ord. No. 2005-29. For the provisions of former Subsection 6-5.2, see § 66-11.

§ 66-10 Revocation of license.

A. 
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article 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 a 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. [1]
[1]
Editor's Note: Original Section 6-7, Persons Under the Legal Age, which immediately followed this section, was deleted 8-30-2005 by Ord. No. 2005-29.

§ 66-11 Violations and penalties.

A. 
Any person who violates any of the provisions of this article shall, upon conviction thereof, be subject to the fines and penalties in Chapter 1, Article II, General Penalty.
B. 
Any license issued pursuant to this article may be suspended or revoked for violation of any of the provisions of this article or for violation of any of the provisions of the Alcoholic Beverage Control Act (N.J.S.A. 33:1-1 et seq.) or the Alcoholic Beverage Tax Law (N.J.S.A. 54:41-1 et seq.) or of any of the rules and regulation promulgated or to be promulgated by the State Commissioner of Alcoholic Beverage Control.
C. 
In all cases in which any license holder shall be convicted of any violation of this article, the court or Judge before which the conviction is had shall certify such conviction to the licensing authority, and the licensing authority may, in addition to the penalties herein provided, revoke the license in case there are more than two violations of any section of this article in any one-year period covered by the license issued to any holder thereof.
[Adopted 7-10-2008 by Ord. No. 2008-24]

§ 66-12 Alcoholic beverage consumption by minors.

It is hereby unlawful for any person under the legal age ("underage person") who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property. No person shall be considered to knowingly possess an alcoholic beverage merely because he or she is present where alcoholic beverages are being consumed.

§ 66-13 Exemptions to prohibition on alcohol possession and consumption by minors.

A person under the legal age shall not be prohibited from:
A. 
Possessing or consuming an alcoholic beverage in connection with a religious observance, ceremony, or rite or possessing or consuming an alcoholic beverage in the presence of, or with the written permission of, such person's parent or guardian or relative who has attained the legal age to purchase or consume alcoholic beverages; or
B. 
The possession of an alcoholic beverage in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or postsecondary educational institution.

§ 66-14 Good samaritan exemption.

Any person who affirmatively requests assistance from authorities (such as via a 911 call) or from an off-site adult (such as a parent, guardian or neighboring resident) for the purpose of seeking aid for a person who is suffering from the effects of alcohol or otherwise is in need of medical assistance shall not be charged under this article with underage possession or consumption of alcohol on private property, as long as assistance is provided as a result of such request. In an instance where such an affirmative request for assistance is made, and the person to whom assistance is provided is under 21, that person also shall not be charged under this article with underage possession or consumption of alcohol on private property.

§ 66-15 Call for aid exemption.

Any person who is a resident of a dwelling on private property and affirmatively requests assistance from authorities (such as via a 911 call) or from an off-site adult (such as a parent, guardian or neighboring resident) for the purpose of controlling or removing nonresidents who are on that property shall not be charged under this article with underage possession or consumption of alcohol on private property, as long as assistance is provided as a result of such request.

§ 66-16 Definitions.

As used in this article, the following terms shall have the meanings indicated:
GUARDIAN
A person who has qualified as a guardian of the underage person pursuant to testamentary or court appointment.
RELATIVE
The underage person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.

§ 66-17 Violations and penalties.

A violation by an underage person of this article shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense. In addition, the court may, in its discretion, require the performance of community-related service.

§ 66-18 Driving privilege suspension.

A. 
The court may, in addition to the penalty authorized for this offense, suspend or postpone for six months the driving privileges of the defendant underage person. Upon the conviction of any underage 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 (Division) stating the first and last day of the suspension or postponement period imposed by the court pursuant to this article. If a person at the time of the imposition of a 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 reached the age of 17 years.
B. 
If an underage person at the time of the imposition of a sentence has a valid driver's license issued by this state, the court may immediately collect the license and forward it to the Division 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 sex of the person, as well as the first and last date of the license suspension period imposed by the court.
C. 
The court shall inform the underage 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 the written notice in writing. Failure to receive written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
D. 
If the underage person convicted under this article is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Division the required report. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

§ 66-19 Mandatory alcohol counseling.

A. 
Any person 18 years of age or younger who is convicted of a violation of this article will be required to complete a court-approved alcohol counseling program.
B. 
Any person 19 years of age or older who is convicted of a second or subsequent violation of this article will be required to complete a court-approved alcohol counseling program.

§ 66-20 Annual review.

The Chief of Police and the Health Officer will annually present to the governing body a report on the effectiveness of this article.