[HISTORY: Adopted by the Township Committee
of the Township of Manalapan 10-27-1993 by Ord. No. 93-30 as Ch. 68 of the 1993
Code. Amendments noted where applicable.]
This chapter is enacted to regulate the sale
and transportation of alcoholic beverages in the Township of Manalapan
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 in accordance with
the rules and regulations of the State Director of Alcoholic Beverage
Control.
As used in this chapter, words and phrases shall
have the same meanings they have 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 chapter shall be in accordance with the act and rules and regulations referred to in § 55-1 and all other applicable laws of the State of New Jersey or of the United States.
B.
Issuing authority. All licenses required by this chapter
shall be issued by the governing body, which shall also administer
the provisions of this chapter.
[Amended 5-27-1998 by Ord. No. 98-19; 8-8-2001 by Ord. No.
01-12; 3-10-2004 by Ord. No. 04-08; 4-13-2005 by Ord. No. 05-12; 3-22-2006 by Ord. No. 06-02; 2-28-2007 by Ord. No. 07-02; 4-23-2008 by Ord. No.
2008-05]
The annual license fees and maximum number of
licenses for the sale or distribution of alcoholic beverages in the
Township shall be as follows:
|
Class of License
|
Annual License Fee
|
Number of Licenses
|
|---|---|---|
|
Plenary retail consumption license
|
$2,500
|
11
|
|
Plenary retail distribution license
|
$2,500
|
4
|
|
Club license
|
$188
|
2
|
A.
Hours of sale for consumption in licensed premises.
No alcoholic beverages shall be sold to any person for consumption
in any licensed premises on any day between the hours of 2:00 a.m.
and 6:00 a.m., except Sunday and New Year's Day each year as hereinafter
provided.
B.
Sundays. The provisions of Subsection A shall not apply on Sunday. On that day no alcoholic beverages shall be sold to any person for consumption in any licensed premises between the hours of 2:00 a.m. and 10:00 a.m.
C.
New Year's Day. The provisions of Subsection A shall not apply on January 1 when that day falls on a weekday or a Saturday. On that day, no alcoholic beverages shall be sold to any person for consumption in any licensed premises between the hours of 3:00 a.m. and 6:00 a.m. When New Year's Day falls on a Sunday, no alcoholic beverages shall be sold to any person for consumption in any licensed premises between the hours of 3:00 a.m. and 10:00 a.m.
D.
Hours for retail sales of package goods.
(1)
No licensed premises shall sell or deliver, permit
or suffer the sale or delivery of any alcoholic beverage at retail
in its original container for consumption off the licensed premises
or allow, permit or suffer the removal of any alcoholic beverage in
its original or opened container from retail licensed premises before
9:00 a.m. or after 10:00 p.m. on any day of the week.
(2)
Notwithstanding the foregoing, licensed premises may
sell or deliver, permit or suffer the sale of wine and malt beverages
in their original containers for consumption off the licensed premises
and may permit or suffer the removal of any alcoholic beverage in
its original container from retail licensed premises during the permissible
hours of sale of alcoholic beverages for consumption in any licensed
premises.
No person shall be served alcoholic beverages
in any room which is not open to the public. This section shall not
apply to club licenses.
All licensed premises other than those for which
club licenses are issued shall be so located that a normal-sized adult
can, on inspection from the exterior, view the interior of the premises.
A.
It shall be unlawful for any person under the age
of 21 years to knowingly have, possess, carry, distribute or transport
any alcoholic beverages or to consume any alcoholic beverage in any
place of public assemblage or on any public street, highway, avenue,
road, or alley within the Township, except as otherwise provided in
N.J.S.A. 2C:33-15(d).
B.
It shall be unlawful for any person under the age
of 21 years to be under the influence of an intoxicating liquor or
alcoholic beverage in any place of public assemblage or on any public
street, highway, avenue, road or alley within the Township.
C.
GUARDIANS
RELATIVE
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
[Added 10-14-2009 by Ord. No. 2009-21]
A person who has qualified as a guardian of the underaged
person pursuant to testamentary or court appointment.
The underaged person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
D.
Possession
or consumption of alcoholic beverages by persons under legal age on
private property. It shall be unlawful for any person under the legal
age who, without legal authority defined herein, knowingly possesses
or knowingly consumes an alcoholic beverage on private property.
[Added 10-14-2009 by Ord. No. 2009-21]
E.
Exceptions.
A person under the legal age shall be deemed to possess or consume
an alcoholic beverage without legal authority if said possession or
consumption is not in connection with any of the following:
[Added 10-14-2009 by Ord. No. 2009-21]
(1)
In connection
with a religious observance, ceremony or rite; or
(2)
In the
presence of and with the permission of a parent, guardian or relative
who has attained the legal age to purchase and consume alcoholic beverages;
or
(3)
By each
such person while actually engaged in the performance of employment
by a person licensed under Title 33 (The Alcoholic Beverage Control
Law) or while actively engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a county vocational
or post-secondary educational institution.
F.
Violations
and penalties. A violation of this section shall be punishable by
a fine of $250 for the first offense, and $350 for any subsequent
offense. In addition to any fine imposed, the court may suspend or
postpone for six months the driving privilege of the defendant in
accordance with the procedures set forth in N.J.S.A. 40:48-1.2 and
amendments thereto, which are hereby incorporated herein by reference.
[Added 10-14-2009 by Ord. No. 2009-21]
A.
Any license issued under this chapter may be suspended
or revoked for violation of any of the provisions of this chapter
or any provision 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. 33:1-3 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.
