[HISTORY: Adopted by the Township Committee
of the Township of Franklin as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 182.
[Adopted 5-2-75 (Ch. 44 of the 1988 Code)]
A.
License required. It shall be unlawful to sell or
distribute alcoholic beverages within the Township of Franklin, County
of Hunterdon and State of New Jersey, hereafter called "Township,"
without a license.
B.
Issuing authority. The Township Committee of the Township
shall constitute the authority for the administration of the issuance
of licenses hereunder, and the Township Clerk is authorized and empowered
to issue licenses for the sale and distribution of alcoholic beverages
in the Township when such licenses shall have been approved.
The classes of licenses to be issued hereunder
by the Township are hereby fixed as follows:
It is hereby determined that no seasonal retail
consumption license nor limited retail distribution license shall
be issued in the Township.
The maximum number of plenary retail consumption
licenses, plenary retail distribution licenses and club licenses to
be granted and issued by the Township shall be as follows:
[Amended 9-11-1981 by Ord. No. 81-1; 6-5-1986 by Ord. No.
86-2; 12-30-1991 by Ord. No. 91-16; 4-18-2002 by Ord. No. 2002-03]
A.
The annual fees for plenary retail consumption, plenary retail distribution, and club licenses shall be as established by Chapter 182, Fees, of the Code of the Township of Franklin.
B.
The figures established by Chapter 182 of the Code of the Township of Franklin, with regard to plenary retail consumption licenses, plenary retail distribution license and club license shall reflect an annual increase of 20% according to the laws of the State of New Jersey and rules and regulations issued by the Commissioner of Alcoholic Beverage Control, where applicable to maximums established.
A.
No licensee shall sell, serve or deliver, or allow,
permit or suffer the sale, service or delivery of, any alcoholic beverages,
or allow, permit or suffer the consumption of any alcoholic beverage
on the licensed premises between the following hours on the following
days:
B.
All the designations herein set forth are intended
to mean prevailing time. The entire licensed premises shall be closed
during the hours in which sales, service, delivery and consumption
of alcoholic beverages are prohibited; provided, however, that this
requirement for the closing of the premises shall not apply to bona
fide hotels or restaurants.
A.
The holder of a plenary retail consumption license
shall be entitled, subject to rules and regulations, to sell any alcoholic
beverages for consumption on the licensed premises by the glass or
other open receptacle, and also to sell any alcoholic beverages in
original containers for consumption off the licensed premises, but
this license shall not permit the sale of alcoholic beverages in or
upon any premises in which a grocery, delicatessen, drugstore or other
mercantile business, except for a hotel or restaurant, is carried
on. This shall not preclude the sale of distillers' and vintners'
packaged holiday merchandise, prepacked as a unit with suitable glassware
as gift items, to be sold only as a unit; cigars, cigarettes, packaged
crackers, chips, nuts and similar snacks and ice at retail as an accommodation
to patrons; or the retail sale of nonalcoholic beverages as an accommodation
to patrons: or the retail sale of nonalcoholic beverages as accessory
beverages to alcoholic beverages; or, in commercial bowling establishments,
the retail sale or rental of bowling accessories and the retail sale
from vending machines of candy, ice cream and nonalcoholic beverages.
B.
The holder of a plenary retail distribution license
shall be entitled, subject to rules and regulations, to sell alcoholic
beverages for consumption off the licensed premises but only in original
containers. This license shall not permit the sale of alcoholic beverages
in or upon any premises in which any other mercantile business is
carried on, except that this shall not prohibit the retail sale of
distillers' and vintners' packaged holiday merchandise, prepacked
as a unit with suitable glassware as gift items, to be sold only as
a unit; cigars, cigarettes, packaged crackers, chips, nuts and similar
snacks, ice and nonalcoholic beverages as accessory beverages to alcoholic
beverages.
C.
The holder of a club license, subject to rules and
regulations, shall be entitled to sell alcoholic beverages only for
immediate consumption on the licensed premises and only to bona fide
club members and their guests. A club license may be issued only to
such corporations, associations and organizations as are operated
for benevolent, charitable, fraternal, social, religious, recreational,
athletic or similar purposes and not for private gain and as comply
with all conditions which may be imposed by the Commissioner of Alcoholic
Beverage Control by rules and regulations.
All licenses under this article shall comply
at all times with all rules and regulations issued by the State Commissioner
of Alcoholic Beverage Control (N.J.A.C. 13:2-1 et seq., as amended)
and the statutes in such case made and provided (N.J.S.A. 33:1-1 et
seq., as amended).
In addition to penalties provided herein, any
license issued pursuant to this article may be suspended or revoked
for violation of any provision of this article or for violation of
any provision of the Revised Statutes (N.J.S.A. 33:1-1 et seq., as
amended) or any of the rules and regulations issued by the Commissioner
of Alcoholic Beverage Control (N.J.A.C. 13:2-1 et seq., as amended).
[Amended 2-4-1988 by Ord. No. 88-2]
[Adopted 10-5-1979 (Ch. 91, § 91-3, of the 1988
Code); amended in its entirety 10-31-2006 by Ord. No. 2006-12]
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 with fruit juices
or otherwise.
No person shall consume or possess any alcoholic
beverage in an open container on any public street, sidewalk, avenue,
alley, highway or other thoroughfare or in any public park, beach
or on any public lot, except as hereinafter provided.
No person shall consume alcoholic beverages
while in any automobile, whether in motion or parked, on any of the
public streets, sidewalks, parking lots, avenues, alleyways, highways
or other thoroughfares open to general vehicular traffic within the
Township of Franklin at any time.
This article shall not be construed to prohibit
the possession of alcoholic beverages within the licensed premises
of a plenary retail consumption liquor licensee or upon the premises
of an organization holding a club liquor license or unless a special
permit is issued by the State of New Jersey, Division of Alcoholic
Beverage Control, pursuant to N.J.A.C. 13:2-6.1 and approved by resolution
of the Township Committee for the consumption of alcoholic beverages,
which permit shall include terms and conditions as established by
the issuing authority and shall specify the duration of said permit.
