[HISTORY: Adopted by the Township Council
of the Township of Washington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-26-1995 by Ord. No. 26-1995 as Ch. VI of the 1994 Code]
This article is enacted to regulate the sale
and transportation of alcoholic beverages in the Township of Washington,
County of Gloucester, in accordance with the provisions of the Act
of Legislature entitled, "An Act Concerning Alcoholic Beverages,"
N.J.S.A. 33:1-1, et seq., as supplemented and amended, and in accordance
with the rules and regulations issued or to be promulgated by the
State Director of Alcoholic Beverage Control applicable thereto.
Words and phrases herein shall have the same
meanings as they have 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.
[Amended 4-26-2007 by Ord. No. 16-2007; 5-10-2007 by Ord. No. 17-2007; 7-12-2007 by Ord. No. 24-2007]
The Township Council of the Township of Washington
shall issue all licenses and otherwise administer the provisions of
this article. In addition to the requirements set forth under N.J.S.A.
33:1-1 et seq., the following shall be the procedure for the acceptance
of bids for the issuance of a plenary retail consumption license by
the Township of Washington:
A.
Council shall authorize the sale of said plenary retail
consumption license by authorizing the sale of said license by way
of competitive bidding which shall be published in the official newspapers
of the Township as established by Council. The Township Council may
also authorize the Mayor and Administration to further advertise the
license for sale in other publications and establish a limit as to
the cost of said additional advertising.
B.
The authorizing resolutions shall set forth a sale
price to be advertised in an amount set by Township Council and require
that the bidder supply, by bank check or certified funds, an amount
equal to 10% of the bid submitted by the bidder. The public notice
shall also indicate that the balance of the funds must be paid to
the Township by bank check, certified funds or wire transfer for the
entire balance if the bid is successful, within 30 days after the
bids are opened.
C.
The advertisement for bids shall provide prospective
bidders with at least 30 days from the date of the last required advertising
date to submit bids to the Township Clerk, and provide that the bids
shall be submitted not later than 12:00 noon on the date set for bids
to be submitted or else the same shall not be opened or considered
for acceptance.
D.
A successful highest bidder shall be required to undergo
an appropriate background investigation in accordance with New Jersey
statutes, to be performed by the Washington Township Police Department.
E.
Default provisions.
(1)
Should the accepted bidder fail to pay the balance
of the bid price in the form and manner as set forth above within
30 days following the opening of the bids, the Township shall be entitled
to seek out all legal remedies in the Superior Court of New Jersey,
at law or in equity, against said bidder to recover any deficiencies.
(2)
The Township shall be entitled to withhold and maintain
in escrow the amount equaling 10% of the total bid price received
as part of the bid package.
(3)
The Township shall be entitled to readvertise for
bidders the retail consumption license in question immediately, in
accordance with the provisions of this section, and if a bid should
be received less than the successful bid price of the defaulted bidder,
the Township shall be entitled to apply the ten-percent payment to
any deficit should a bid be accepted less than the bid price of the
defaulted bidder.
(4)
Should a higher or equal bid be received, the funds
held by the Township equal to 10% of the bid price of the defaulted
bidder shall be returned less any and all costs and expenses reasonably
associated with the readvertisement of the license, and any and all
reasonable attorney’s fees and court costs should an action
be initiated in the Superior Court of New Jersey against the defaulted
bidder. Should a higher or equal bid be received, the funds held by
the Township equal to 10% of the bid price of the defaulted bidder
shall be returned less any interest accrued on the unpaid balance
calculated in accordance with interest rates set by the Superior Court
of New Jersey applicable to judgments pursuant to N.J.S.A. 4:42-11
from the point of time when due through to the date that the license
is resold and all payments received; all costs and expenses reasonably
associated with the readvertisement of the license; any and all reasonable
attorney’s fees and costs should an action be initiated in the
Superior Court of New Jersey against the defaulted bidder.
License required. It shall be unlawful to sell, distribute or transport alcoholic beverages in the Township without a license previously applied for and granted, pursuant to the provisions of the Act referred to in § 11-1 and the provisions of this article.
A.
License fees shall be as set forth in Chapter 80, Fees. The maximum number of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:
[Amended 11-26-1996 by Ord. No. 33-1996; 1-13-2000 by Ord. No. 34-1999; 4-26-2007 by Ord. No. 16-2007]
B.
Club licenses may be granted at the sole discretion of the Township Council pursuant to the rules and regulations of the Commissioner of Alcoholic Beverage Control and other laws of the State of New Jersey. The annual license fee shall as set forth in Chapter 80, Fees, of this Code.
C.
Separate licenses. A separate license is required
for each specific place of business.
D.
Issuance restriction. No more than one retail license
shall be granted to any person.
A.
If an application is for a building not yet constructed,
plans, in quadruplicate, of the proposed building shall accompany
the application. The plans shall show the appearance (a rendering),
design (an elevation plan) and location (a site plan) of the proposed
building. The type or types of exterior building material and the
overall and room dimensions (a floor plan).
B.
Licenses contingent on completion of construction
shall be void:
(1)
Sixty days after issuance if the licensee fails to
submit a site plan to the Planning Board for its review and action.
(2)
Thirty days after site plan approval if the licensee
fails to apply to the Building Inspector for a building permit.
(3)
Six months after the issuance of the building permit
if the licensee fails to complete construction in accordance with
the plans approved by the Township Council.
No licensed premises shall be altered or enlarged
(place-to-place transfer) unless and until the Township Council grants
the application for such alteration or enlargement and endorses such
permission on the license.
All licenses shall be for a term of one year
from July 1 in each year.
[Amended 4-26-2007 by Ord. No. 16-2007; 5-10-2007 by Ord. No. 17-2007; 7-12-2007 by Ord. No. 24-2007]
A.
Restriction as to the type of premises required for
issuance of a plenary retail consumption liquor license. The premises
to be licensed shall be a freestanding, single-use structure, properly
zoned and capable of meeting site plan requirements and all requirements
of the various zoning and development ordinances of the Township of
Washington and the premises shall require the service of food. Notwithstanding
this requirement, a non-freestanding structure shall be permitted
if the same meets the following requirements:
(1)
The licensed premises shall satisfy the parking requirements
of the various zoning and development ordinances of the Township of
Washington;
(2)
The licensed premises within a non-freestanding structure
shall require the service of food;
(3)
Sufficient parking is provided, in addition to that
provided for the restaurant portion of the licensed premises, in order
to accommodate the maximum number of patrons permissible within the
bar and/or counter area of the intended licensed premises; and
(4)
The main entrance of the licensed premises must be
located immediately adjacent to the parking area for the intended
licensed premises.
B.
Restriction as to the type of premises required for
issuance of a plenary retail distribution license. The premises to
be licensed shall be a freestanding, single-use structure, properly
zoned and capable of meeting site plan requirements and all requirements
of the various zoning and development ordinances of the Township of
Washington. Notwithstanding this requirement, a nonfreestanding structure
shall be permitted if the same meets the following requirements:
[Added 5-8-2008 by Ord. No. 16-2008]
(1)
The licensed premises shall satisfy the parking requirements
of the various zoning and development ordinances of the Township of
Washington;
(2)
A minimum of 75% of the retail floor area shall be
committed to the retail display of alcoholic beverages for sale as
opposed to any other items of merchandise such as food, clothing,
or other such retail items.
A.
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, except
malt alcoholic beverages as hereinafter provided, on Sunday or before
9:00 a.m. or after 10:00 p.m. on any other day of the week. No licensee
shall sell or allow, permit or suffer the sale of any alcoholic beverage
at retail by the glass or any other open receptacle for consumption
on the licensed premises or the sale or the delivery of malt alcoholic
beverages at retail in the original container for consumption off
the licensed premises between the hours of 2:00 a.m. and 11:00 a.m.
on Sundays and between the hours of 2:00 a.m. and 10:00 a.m. on the
other days, except that licensees may remain open and sell alcoholic
beverages by the glass or other open receptacle for consumption on
the licensed premises and sell or deliver malt alcoholic beverages
in the original container for consumption off the licensed premises
on January 1 until 4:00 a.m.
B.
During the hours that sales are prohibited by this
section, the entire licensed premises shall be closed; provided, however,
that a restaurant may remain open to provide meals to the public.
The licensed premises for the sale of alcoholic
beverages at retail by the glass or other receptacle for consumption
therein must be an establishment regularly and principally used for
the purpose of providing meals to the public, having an adequate kitchen
and dining room equipped for the preparing, cooking and serving of
foods for its customers and in which no other business, except such
as is incidental to such establishment, is conducted.
No licensee shall allow, permit or suffer any
illegal activity or enterprise on or about the licensed premises,
or allow, permit or suffer the licensed premises to become a nuisance.
All licensed premises shall be so designed and operated that a normal
sized adult can, on inspection from the exterior, view the interior
of the premises at all times.
No licensee or employee of a licensee shall
sell, serve or deliver, directly or indirectly, any alcoholic beverages
to any habitual drunkard, intoxicated person or minor, 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.
No licensee shall:
A.
Allow, permit or suffer in or upon the licensed premises
any disturbances, brawls or unnecessary noises, nor allow, permit
or suffer the licensed premises to be conducted in such a manner as
to become a nuisance.
B.
Allow, permit or suffer any lottery to be conducted
or any ticket or participation right in any lottery to be sold or
offered for sale in or upon the licensed premises, except as permitted
by state law.
C.
Engage in or allow, permit or suffer any pool selling,
bookmaking or any playing for money at faro, roulette, rouge et noire
or any unlawful game or gambling of any kind, or any device or apparatus
designed for any such purpose on or about the licensed premises.
D.
Possess, allow, permit or suffer on or about the licensed
premises any slot machine, or device in the nature of a slot machine,
which may be used for the purpose of playing for money or other valuable
thing.
No person shall be served in any room which
is not open to the use of the public generally; provided, however,
that nothing in this section shall be deemed to prohibit the service
of alcoholic beverages to hotel guests in their rooms or service in
private dining rooms of bona fide hotels, motels and restaurants.
This section shall not be applicable to club licensees.
All premises in which alcoholic beverages are
sold or dispensed, excepting guest rooms in hotels and motels and
private dining rooms in hotels, motels and restaurants, shall be so
arranged that a full view of the interior may be had from the public
thoroughfare or from adjacent rooms to which the public is freely
admitted. All such premises shall be lighted sufficiently so that
a full view of the interior thereof may be had at all hours from the
public thoroughfare or from the adjacent rooms.
Any license issued under this article may be
suspended or revoked for violation of any of the provisions of this
article, any provisions of any applicable statute or any of the rules
or regulations of the State Director of Alcoholic Beverage Control.
[Adopted 10-26-1995 by Ord. No. 26-1995 as Sec. 5-2 of the 1994 Code; amended in its entirety at
time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
As used in this article, the following terms
shall have the meanings indicated:
Any fluid, or solid capable of being converted into a fluid,
suitable for human consumption and having an alcoholic content of
more than 1/2 of 1% by volume, including alcohol, beer, lager beer,
ale, porter, naturally fermented wine, treated wine, blended wine,
fortified wine, sparkling wine, distilled liquors, blended distilled
liquors and any brewed fermented or distilled liquors fit for use
for beverage purposes, or any mixture of the same and fruit juices.
Any container made of either glass, aluminum, tin, cardboard,
or any other substance which can or may be used for the purpose of
holding alcoholic beverages.
Any place which is not a public place as defined below.
Any place, either publicly or privately owned, which is or
may be frequented by the public.
A.
No person acting individually or participating with
one or more persons shall consume or attempt to consume an alcoholic
beverage or possess, display, dispense or distribute any alcoholic
beverage out of its original container:
(1)
While in or on a public street, lane, roadway, avenue,
sidewalk, public parking place, park, playground, recreation area
or any other public place or quasi-public place or in any public conveyance
without permission of any owner, tenant, lawful occupant or person
having the authority to grant such permission, or any private place
of which he is not an owner, tenant or lawful occupant.
(2)
While in a private motor vehicle, in motion or parked
in any public street, lane, parking lot or other public place; or
upon any private place of which he is not an owner, tenant or lawful
occupant, without the express permission of the property owner, tenant
or lawful occupant or other person having the authority to grant such
permission.
B.
No person acting individually or participating with
one or more persons shall be intoxicated or drunk or disorderly in
any public omnibus, street, highway, thoroughfare or any sidewalk,
store, restaurant or any public or quasi-public place or house to
the annoyance of any person.
C.
No person shall discard alcoholic beverage containers
upon any public street, sidewalks, parking lots, roadways, pathways,
playgrounds, parks or quasi-public areas, or any other public property
whatsoever, within the Township of Washington at any hour of the day
or night.
D.
In determining whether or not any of the unlawful acts set forth in Subsections A, B and C of this section have been committed, the trier of fact, in addition to or as part of the proofs, may consider the following factors:
(1)
Statements made by an owner or by anyone in control
of the alcoholic beverage.
(2)
The proximity of the defendant to the alcoholic beverage
and his opportunity or ability to consume.
(3)
Whether the alcoholic beverage is unsealed or has
been partially consumed or is in an open or unsealed container, such
as a glass or a cup.
(4)
Whether the defendant or any person(s) in close proximity
to the defendant exhibits an odor of alcoholic beverage coming from
his and/or their person or exhibits physical conduct, attributes or
demeanor associated with the consumption of alcoholic beverages.
(5)
Direct or circumstantial evidence of the intent of
an owner or anyone in control the alcoholic beverage to deliver, distribute
or make available such alcoholic beverage to the defendant or any
other person or persons in close proximity to the defendant.
Notwithstanding any of the terms and provisions
contained herein, the Township Council of the Township of Washington
may for good cause issue a permit for the possession or consumption
of alcoholic beverages in a designated park or other public place
under its jurisdiction, at a designated time or times in connection
with a special event. Said permission shall only be granted upon submission
to the Mayor and Township Council of the Township of Washington of
a request in writing for a permit, setting forth the nature of the
special event, the location of said special event, the time of said
special event and the organization sponsoring said special event.
B.
When the Municipal Court suspends the imposition of
a defendant's sentence, or a portion thereof, or sentences him to
be placed on probation, the municipality may attach such reasonable
conditions authorized by N.J.S.A. 2C:45-1, including the performance
of community-related services, and the imposition of conditions reasonably
related to the rehabilitation of the defendant, including but not
limited to alcohol rehabilitation programs or other such programs
related to alcohol education or rehabilitation.
