[Adopted 5-2-75 (Ch. 44 of the 1988 Code)]
The classes of licenses to be issued hereunder
by the Township are hereby fixed as follows:
A. Plenary retail consumption license.
B. Plenary retail distribution license.
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:
A. Plenary retail consumption license: one.
B. Plenary retail distribution license: one.
C. Club license: three.
[Amended 12-30-1991 by Ord. No. 91-16]
[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.
C. The respective fees for any such licenses shall be prorated according to the date of license, based on the annual fee as provided in Chapter
182, Fees.
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]
Unless otherwise provided by Title 33 of the New Jersey Statutes Annotated, any person who violates any provision of this article shall, upon conviction thereof, be punished as provided in Chapter
1, Article
I, General Penalty.
[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:
ALCOHOLIC BEVERAGE
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.
Any person who violates any provision of this article or fails to comply therewith shall, severally, for each and every violation and noncompliance, be subject to the penalties provided in Chapter
1, Article
I, General Penalty, at the discretion of the Judge before whom a conviction may be found.