[Amended 4-19-1999 by Ord. No. 99-07]
This article is enacted to regulate the sale
and transportation of alcoholic beverages in the Township of West
Windsor in accordance with the provisions of an act of the Legislature
of the State of New Jersey entitled "An Act of the Legislature of
the State of New Jersey entitled the 'Alcoholic Beverage Law'" comprising
N.J.S.A. 33:1-1 et seq., its supplements and amendments, and in accordance
with the rules and regulations of the State Director of the Division
of Alcoholic Beverage Control.
For the purpose of this article, 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.
[Amended 3-28-2005 by Ord. No. 2005-03; 10-26-2009 by Ord. No. 2009-20]
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 §
36-1 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 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 obtaining a license in accordance with the act referred to in §
36-1 and the provisions of this article.
D. License fees.
(1) The annual fees of licenses for the sale or distribution of alcoholic beverages in the Township shall be as established in Chapter
82, Fees.
(2) The license fees shall cover the period from July
1 of each year to June 30 of the year following.
E. Club licenses. No club license for the sale of alcoholic
beverages shall be granted in the Township.
(1) Nothing in this subsection prohibiting the issuance
of a club license for the sale of alcoholic beverages in the Township
shall prevent the issuance in the Township of a club license for the
sale of alcoholic beverages to a bona fide golf and country club in
the Township, incorporated not for pecuniary gain, provided that the
golf and country club shall have constructed and erected prior to
the issuance of the club licenses a regulation golf course consisting
of a minimum of nine holes and a clubhouse with a minimum of 3,000
square feet of usable floor area.
(2) Nothing in this subsection prohibiting the issuance
of a club license for the sale of alcoholic beverages in the Township
shall prevent the issuance in the Township of a club license for the
sale of alcoholic beverages to a bona fide national war veterans organization
or post, whether incorporated or unincorporated, which is in possession
of suitable premises.
(3) The annual fee for a club license shall be as established in Chapter
82, Fees.
F. Licenses for hotels.
(1) 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 Ordinance No. 2005-03, on April 17, 2005.
(2) A minimum bid not to exceed $25,000 plus $50 per sleeping room may be required for the issuance of a license pursuant to the provisions of this section if the dining facilities of the hotel or motel are regularly and principally used to provide only meals for catered events and breakfast for guests of the hotel or motel. This subsection shall not be construed to prohibit a minimum bid for any license issued under the provisions of this section to a hotel or motel that does not meet the criteria set forth in this Subsection
F(2).
(3) 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 terms of this ordinance and the procedures, including
notice, set forth in N.J.S.A. 33:1-19.1 et seq.
(4) 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.
(5) The requirements of §
36-4, requiring a distance of 2,000 feet between any premises which are issued a plenary retail consumption or distribution license, shall not apply to hotel/motel liquor consumption licenses issued pursuant to this section. This exclusion is made in recognition of the fact that the primary consumers will be residents or guests of the hotel/motel.
(6) 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.
[Amended 6-8-1981 by Ord. No. 81-19; 4-19-1999 by Ord. No. 99-07]
A. Sales to underage persons. No licensee shall sell
or serve any alcoholic beverages to any person under 21 years of age.
B. Underage persons to be accompanied by responsible
adults. Persons under the age of 21 years shall not be allowed to
frequent, loiter or remain in any room or rooms used or devoted to
the sale, service or consumption of alcoholic beverages upon a licensed
premises, unless accompanied by a parent, guardian or adult husband
or wife.
[Added 12-11-1989 by Ord. No. 89-58; amended 4-19-1999 by Ord. No. 99-07]
All licensees who sell alcoholic beverages pursuant to this article shall prominently post on their premises a warning sign describing the dangers to the unborn children of women who consume alcoholic beverages while pregnant. The nature and type of warning sign shall be determined by the Health Officer, which shall prepare and distribute the warning signs. Any licensee violating the provisions of this section shall be subject to a penalty as provided for in Chapter
1, General Provisions, Article
II, Penalty, §
1-3.