[Adopted as Ch. VII of the 1993 Revised General Ordinances]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Delran, 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.
For the purpose of this article, relevant 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 subject to the act, rules and regulations referred to in § 71-3 and shall be subject to any other statutes of New Jersey or of the United States.
B. 
Issuing authority. The Township Council shall constitute the authority for the administration of issuance of licenses under this article and shall forthwith report the issuance of all such licenses to the State Director of Alcoholic Beverage Control.
C. 
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 § 71-3 and the provisions of this article.
D. 
License fees; maximum number. License fees shall be as set forth in § 150-3B. The maximum number of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:
[Amended 3-23-2004 by Ord. No. 2004-4]
Class of License
Number of Licenses
Plenary retail consumption
5
Plenary retail distribution, for each 7,500 residents
2
Club
6
E. 
Location restriction.
(1) 
No plenary retail consumption or plenary retail distribution license shall be issued for or transferred to premises located within 600 feet of premises for which a plenary retail consumption or plenary retail distribution license is outstanding in the Township.
(2) 
This subsection shall not apply to the transfer of a plenary retail consumption or plenary retail distribution license forced to move by action of the Township in carrying out the provisions of the Master Plan or plans of a similar nature, nor shall this subsection prevent renewals or person-to-person transfers of existing licenses.
(3) 
The distance hereinabove set forth shall be measured in a normal way that a pedestrian would properly walk from the nearest entrance of a licensed premises to the nearest entrance of the premises sought to be licensed.
A. 
Hours of sale.
[Amended by Ord. No. 1995-28; Ord. No. 2002-7]
(1) 
Monday. Except as otherwise provided herein, no plenary retail consumption or club licensee shall sell, serve or deliver or allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage on Monday between the hours of 1:00 a.m. and 6:00 a.m.
[Amended 6-22-2010 by Ord. No. 2010-6]
(2) 
Tuesday through Saturday. Except as otherwise provided herein, no plenary retail consumption or club licensee shall sell, serve or deliver or allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage on any weekday, Tuesday through Saturday, between the hours of 2:00 a.m. and 6:00 a.m.
(3) 
Sunday. Except as otherwise provided herein, no plenary retail consumption licensee or club licensee shall sell, serve or deliver or allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage on Sunday between the hours of 2:00 a.m. and 10:00 a.m., unless New Year's Day falls on that Sunday, in which case it will be 3:00 a.m.
[Amended 4-7-2020 by Ord. No. 2020-06]
(4) 
Plenary retail distribution licensees. Plenary retail distribution licensees may only sell or deliver alcoholic beverages any day of the week from 9:00 a.m. to 10:00 p.m.
[Amended 8-17-2005 by Ord. No. 2005-22]
(5) 
State of emergency. Whenever the Mayor, or in his or her absence the Deputy Mayor, declares that a state of emergency exists requiring the protection of persons or property because of the probability or imminence of mob or other violence, or other emergency requiring the prohibiting of the sale of alcoholic beverages, the Mayor or Deputy Mayor is hereby empowered to issue a proclamation indicating which licensees shall close their places of business and designating the period of time or times they shall remain closed. Upon receiving oral or written, if practicable, notice of such proclamation, the licensees affected thereby shall promptly obey such proclamation. If any such licensee fails to do so, the Chief of Police is hereby empowered to cause such premises to be closed, at the expense of the violator.
B. 
Persons on premises during prohibited hours. During the hours that the sale, service, delivery or consumption of alcoholic beverages is prohibited, the licensed premises shall be closed to the general public, and the only persons permitted to remain on the premises shall be the licensee and bona fide employees of the licensee. All persons are to vacate the premises one hour after the legal closing time regardless of employment status except for the licensee, bona fide employees and patrons thereof of hotels, motels, bowling alleys or restaurants engaged in the operation of their primary business, excluding the sale, service, delivery or consumption of alcoholic beverages. In addition, a club licensee may conduct any of its social affairs or club business at such times as alcoholic beverage sales are not permitted on the licensed premises, provided that no alcoholic beverages are sold during such time periods.
[Amended by Ord. No. 1992-14; Ord. No. 1995-30]
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 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.
D. 
Prohibited acts of licensee. No licensee shall:
(1) 
Allow, permit or suffer in or upon the licensed premises any known criminals, gangsters, racketeers, pickpockets, swindlers, confidence operators, prostitutes or other persons of ill repute.
(2) 
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.
(3) 
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.
(4) 
Engage in or allow, permit or suffer any pool-selling, bookmaking or any playing for money at faro, roulette, rouge et noir 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.
(5) 
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.
E. 
Service in private areas forbidden; exceptions. 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.
F. 
Premises open to view. 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 such adjacent rooms.
G. 
Posting of article. All holders of plenary retail consumption licenses shall cause at least one copy of this article to be posted in a conspicuous place in the licensed premises.
A. 
Definition. For the purposes of this section, "minor" shall mean any person under the legal age.
B. 
Purchase/consumption of alcoholic beverages by a minor. No minor shall purchase, attempt to purchase, have another purchase for him or her or consume any alcoholic beverage on any premises licensed for the sale of alcoholic beverages.
C. 
Purchase of alcoholic beverages for a minor. No person shall purchase or attempt to purchase alcoholic beverages for a minor. It shall be unlawful for any person to induce or attempt to induce any licensee or any employee of a licensee to sell, serve or deliver alcoholic beverages to a minor. For the purpose of this subsection, the transfer of possession of any alcoholic beverage from such person to a minor shall be prima facie evidence of a violation of this subsection.
D. 
Misstating age. No person shall misrepresent his or her age or the age of another person for the purpose of inducing any licensee, or his or her employee, to serve a person under the legal age in violation this section.
E. 
Presumption. Any adult who accompanies a minor into premises in which alcoholic beverages are served and who permits the minor to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of the minor.
F. 
Possession. No minor shall possess, serve, sell or consume any alcoholic beverage in any public place within the Township.[1]
[1]
Editor's Note: Original Sec. 7-6, Bartenders, which previously followed this section, was repealed 8-17-2005 by Ord. No. 2005-25.
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.