[HISTORY: Adopted by the Township Committee
of the Township of Lumberton 12-7-1973 by Ord. No. 1973-19 as Ch. VI of the 1973 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Park and recreation areas — See Ch. 213.
[Amended 7-7-1980 by Ord. No. 1980-4]
This chapter is enacted to regulate the sale
and transportation of alcoholic beverages in the Township of Lumberton
in accordance with the provisions of an act of the Legislature of
the State of New Jersey entitled "An Act Concerning Alcoholic Beverages,"
comprising Chapter 436 of the Laws of 1933, its supplements and amendments,
and also comprising N.J.S.A. 33:1-1 et seq., and any amendments or
supplements thereto, and in accordance with the rules and regulations
of the State Director of Alcoholic Beverage Control, and to further
provide rules and regulations prohibiting the consumption of alcoholic
beverages in public places.
For the purpose of this chapter, words and phrases
herein shall have the same meanings as in N.J.S.A. 33:1-1 et seq.,
and any amendments or supplements thereto, 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 chapter shall be in accordance with the Act, rules and regulations referred to in § 94-1, and all other applicable laws of the State of New Jersey or the United States.
B.
Issuing authority. All licenses required by this chapter
shall be issued by the Township Committee, which shall also administer
the provisions of this chapter. The Township Committee shall have
the authority to authorize the issuance of and cause the issuance
of any such licenses in any mode or manner permitted by N.J.S.A. 33:1
et seq.
[Amended 8-7-2006 by Ord. No. 2006-11]
C.
License required. No person shall sell or distribute alcoholic beverages within the Township without having obtained a license in accordance with the Act referred to in § 94-1 and the provisions of this chapter.
D.
License fee; maximum number. The annual license fees
and maximum type and number of licenses for the sale and distribution
of alcoholic beverages in the Township shall be as follows:
[Amended 4-5-1976 by Ord. No. 1976-2; 5-2-1977 by Ord. No.
1977-3; 8-20-1979 by Ord. No. 1979-11; 5-18-1981 by Ord. No.
1981-4, 2-21-1984 by Ord. No. 1984-1; 8-3-1992 by Ord. No.
1992-6; 2-6-2006 by Ord. No. 2006-2; 8-7-2006 by Ord. No.
2006-11; 5-1-2007 by Ord. No. 2007-8]
(1)
Plenary retail consumption license. Applicable fees are detailed in the universal fee chart located in § 18-2, reference number 4, of the Code of the Township of Lumberton.
[Amended 12-5-2019 by Ord. No. 2019-17]
(2)
Plenary retail distribution license. Applicable fees are detailed in the universal fee chart located in § 18-2, reference number 5, of the Code of the Township of Lumberton.
[Amended 12-5-2019 by Ord. No. 2019-17]
(3)
The annual fee for a club license shall be $188. The
number of licenses issued per year shall be no more than the maximum
allowed by law.
A.
Hours of sale.
[Amended 2-22-1977 by Ord. No. 1977-1; 5-18-1981 by Ord. No.
1981-4; 7-6-1981 by Ord. No. 1981-7]
(1)
Any retail distribution licensee hereunder may sell,
serve and deliver or allow, permit or suffer the sale, service or
delivery of any alcoholic beverages in the Township during such hours
as may be authorized or permitted by the State of New Jersey, Bureau
of Alcoholic Beverage Control, pursuant to N.J.S.A. 33:1-1 et seq.,
or any amendments or supplements thereto, and the rules and regulations
promulgated thereunder, N.J.A.C. 13:2-1.1 et seq., or any amendments
or supplements thereto. Any future restriction or other modification
concerning the retail distribution hours of sale of alcoholic beverages
by the State of New Jersey shall constitute a parallel restriction
or modification of the permissible hours of retail distribution sale
within the Township.
(2)
Any retail consumption licensee hereunder may sell,
serve and deliver or allow, permit and suffer the sale, service or
delivery of any alcoholic beverages in the Township between the hours
of 6:00 a.m. and 3:00 a.m. of the following day on any day except
Sunday; and on any Sunday may sell, serve and deliver or allow, permit
or suffer the sale of any alcoholic beverages in the Township between
10:00 a.m. to 3:00 a.m. Monday.
B.
Sales to certain persons. 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 any person under the legal age for purchasing alcoholic beverages,
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.
[Amended 5-18-1981 by Ord. No. 1981-4]
A.
Presence. No person under the legal age for purchasing
alcoholic beverages shall be allowed in any premises where alcoholic
beverages are sold or served for consumption on the premises, except
bona fide restaurants, unless accompanied by his parent or guardian.
[Amended 5-20-1974 by Ord. No. 1974-5]
B.
Purchase of alcoholic beverages by a person under
the legal age for purchasing alcoholic beverages. No person under
the legal age for purchasing alcoholic beverage shall consume, purchase,
attempt to purchase or have another purchase for him any alcoholic
beverage on any premises licensed for the sale of alcoholic beverages.
C.
Purchase of alcoholic beverages for a person under
the legal age of purchasing alcoholic beverages. No person shall purchase
or attempt to purchase alcoholic beverages for a person under the
legal age for purchasing alcoholic beverages. No person shall induce
or attempt to induce any licensee or any employee of a licensee to
sell, serve or deliver alcoholic beverages to a person under the legal
age for purchasing alcoholic beverages.
D.
Misstating age. No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages or to permit a person under the legal age for purchasing alcoholic beverages to remain on any premises in violation of Subsection A.
E.
Presumption. Any parent or guardian of a person under
the legal age for purchasing alcoholic beverages who accompanies such
person into a premises in which alcoholic beverages are served and
who permits the person to possess or consume alcoholic beverages shall
be presumed to have misrepresented the age of the person under the
legal age for purchasing alcoholic beverages.
F.
Possession. No person under the legal age for purchasing
alcoholic beverages shall possess, serve, sell or consume any alcoholic
beverage in any public place within the Township.
A.
Any license issued under this chapter may be suspended
or revoked for violation of any of the provisions of this chapter
or any provisions of any applicable statute or any of the rules or
regulations of the State Director of Alcoholic Beverage Control.
B.
Proceedings for suspension or revocation shall be
in accordance with the provisions of N.J.S.A. 33:1-31, or any amendments
or supplements thereto, by service of a five-day notice of charges
preferred against the licensee and affording a reasonable opportunity
for hearing.
C.
Suspension or revocation of a license shall be in
addition to any other penalty which may be imposed for a violation
of this chapter.
[Amended 6-2-1980 by Ord. No. 1980-3; 7-7-1980 by Ord. No.
1980-4]
A.
Consumption and discarding of containers in certain
places prohibited. Any person who consumes alcoholic beverages while
in or on a public street, lane, sidewalk, public parking lot, public
or quasi-public place or in any public conveyance or in a private
motor vehicle while such vehicle is in motion or parked in any public
street, lane or public parking lot or while upon any private property
not his own without the express permission of the owner or other person
having authority to grant such permission or who discards alcoholic
beverage containers upon any public street, lane, sidewalk, public
parking lot, public or quasi-public place or upon any private property
not his own without the express permission of the owner shall be a
disorderly person.
B.
Presumption of consumption. There shall be a rebuttable presumption of consumption against each person charged with the offense of consumption of an alcoholic beverage as set forth in Subsection A above if that person is knowingly in possession of an open container which contains or recently contained an alcoholic beverage.
C.
Exceptions. The Township Committee, in connection
with public celebrations or similar special events, may, by written
permit, specifically authorize the consumption of alcoholic beverages
in a public park, square, parking lot or other public place or area
or portion thereof, as specified in such permit and on the date and
the hours therein specified, subject to conditions as set forth in
the approved permit.
[Amended 3-7-2024 by Ord. No. 2024-02]
(1)
The governing body of the Township of Lumberton approves the use
of outdoor open container liquor containers consistent with this section
at Village Green Park, the Municipal Complex, and other Township owned
property as approved by permit for Township sponsored events.
(2)
Conditions under which a person may consume an alcoholic beverage under Subsection C(1) of this section:
(a)
The person must be at least 21 years of age;
(b)
No open containers shall be permitted before 11:00 a.m. or after
11:00 p.m.;
(c)
Alcoholic beverages consumed in the area set forth in Subsection C(1) must have been purchased from an authorized vendor with any applicable permits and approvals from the Township and ABC;
(d)
All alcoholic beverages must be in a plastic cup;
(e)
The alcoholic beverage container may not exceed 16 fluid ounces;
(3)
Any permitted provider subject to this subsection found to be in
violation may have their permit revoked by Township Committee. Such
violation could be grounds for denial of permit application by the
provider under this subsection in the future.
[Added 7-15-1974 by Ord. No. 1974-8; 8-3-1992 by Ord. No.
1992-6]
A.
The holder of a plenary retail distribution license
may sell malt alcoholic beverages and wine in original bottle or can
containers for consumption off the premises on Sunday between the
hours of 1:00 p.m. and 6:00 p.m., in addition to such weekday hours
as authorized by law.
B.
The holder of a retail consumption license may sell
malt alcoholic beverages and wine in original bottle or can containers
for consumption off the premises on the same days and during the same
hours as the sale of alcoholic beverages for consumption on the premises
as permitted and authorized by law.
[Amended 8-3-1992 by Ord. No. 1992-6; 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under § 1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this chapter, state law shall apply.
