[HISTORY: Adopted by the Township Committee
of the Township of Hanover as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-11-1946]
[Amended 12-8-1955; 4-23-1970 by Ord. No. 3-70; 5-10-1979 by Ord. No.
15-79; 1-22-1981 by Ord. No. 2-81; 2-26-1981 by Ord. No. 5-81; 7-11-1991 by Ord. No. 16-91]
The annual fee for a plenary retail consumption license, a plenary retail distribution license, a club license and a limited retail distribution license shall be as provided in Chapter 125, Fees, of the Code of the Township of Hanover.
A.
Not more than 18 plenary retail consumption licenses
shall be issued and outstanding in the Township of Hanover at the
same time, but this shall not prevent renewal of licenses outstanding
when this chapter becomes effective or the transfer of such licenses
and the renewal of licenses so transferred. No new plenary retail
consumption license shall be issued unless and until the number of
such licenses outstanding is fewer than 18.
B.
Not more than two plenary retail distribution licenses
shall be issued and outstanding in the Township of Hanover at the
same time.
C.
Nothing in Subsections A and B hereinabove shall prohibit the grant of a new plenary retail consumption license to a person operating a hotel or motel containing at least 100 sleeping rooms; provided, however, that a license newly issued, pursuant to the exception herein and Section 8 of the State Limitation Law (N.J.S.A. 33:1-12.20), shall not be renewed or transferred except for or to a hotel or motel containing at least 100 sleeping rooms.
[Added 5-13-1965 by Ord. No. 4-65; amended 4-23-1970 by Ord. No.
4-70]
[Amended 5-10-1979 by Ord. No. 14-79; 6-12-1980 by Ord. No.
11-80; 7-9-1981 by Ord. No. 20-81; 10-13-1994 by Ord. No. 21-94; 3-26-2015 by Ord. No. 9-15]
A.
Hours of sale and service for plenary retail consumption and club
licenses. The holders of a plenary retail consumption license or club
license shall not permit the sale, service and consumption on licensed
premises of any alcoholic beverages, including but not limited to
wine, beer and spirituous liquors, during the times set forth below:
[Amended 5-9-2019 by Ord.
No. 16-19]
|
Days
|
Prohibited Hours
|
|---|---|
|
Weekdays
|
Between 2:00 a.m. and 7:00 a.m.
|
|
Sundays
|
Between 2:00 a.m. and 11:00 a.m.
|
|
New Year's Day (when it is a weekday)
|
Between 5:00 a.m. and 7:00 a.m.
|
|
New Year's Day (when it is a Sunday)
|
Between 5:00 a.m. and 1:00 p.m.
|
B.
The holders of a plenary retail distribution license shall not permit
the sale, service or delivery of any alcoholic beverages on licensed
premises, including but not limited to wine, beer, packaged goods
in original containers and spirituous liquors, during the times set
forth below:
[Amended 5-9-2019 by Ord.
No. 16-19]
|
Days
|
Prohibited Hours
|
|---|---|
|
Saturday
|
10:00 p.m. to Sunday 1:00 p.m.
|
|
Sunday
|
10:00 p.m. of the night before on Saturday to Sunday at 9:00
a.m.
|
|
Monday
|
10:00 p.m. to Tuesday 9:00 a.m.
|
|
Tuesday
|
10:00 p.m. to Wednesday 9:00 a.m.
|
|
Wednesday
|
10:00 p.m. to Thursday 9:00 a.m.
|
|
Thursday
|
10:00 p.m. to Friday 9:00 a.m.
|
|
Friday
|
10:00 p.m. to Saturday 9:00 a.m.
|
C.
During the hours that sales are prohibited, the entire
licensed premises shall also be closed, except that during the hours
when sales are prohibited, a licensee may have up to five persons
on the licensed premises solely for security and maintenance purposes,
and, furthermore, this subsection shall not apply to hotels, restaurants,
as defined in N.J.S.A. 33:1-1t, or other establishments where the
principal business is other than the sale of alcoholic beverages.
[Amended 12-29-1977 by Ord. No. 31-77; 3-8-1979 by Ord. No.
3-79; 7-11-1991 by Ord. No. 16-91]
No licensee shall sell, serve, deliver or allow,
permit or suffer the service or delivery of any alcoholic beverage,
directly or indirectly, to any person under the age of 21 years or
allow, permit or suffer the consumption of alcoholic beverages by
any such person upon the licensed premises.
[Added 12-29-1977 by Ord. No. 31-77;
amended 3-8-1979 by Ord. No. 3-79]
The consumption of alcoholic beverages or the
possession of open containers of alcoholic beverages or the possession
of alcoholic beverages on public streets, etc., is prohibited as follows:
A.
No person shall consume alcoholic beverages or be
in possession of any open container of alcoholic beverages on any
of the public streets, sidewalks, parking lots or shopping plazas
which are open to the public at large, whether publicly or privately
owned, roadways, pathways, playgrounds, parks or outdoor facilities
owned or operated by the Township of Hanover, the Board of Education
of the Township of Hanover or the Hanover Park Regional Board of Education,
at any hour of the day or night, unless a permit for the use of same
is issued by the Township Committee of the Township of Hanover, the
Board of Education of the Township of Hanover or the Hanover Park
Regional Board of Education, where said authority has jurisdiction.
B.
No person shall consume alcoholic beverages or be
in possession of any open container of alcoholic beverages while in
any automobile, whether in motion or parked, on any of the public
streets, sidewalks, parking lots or shopping plazas which are open
to the public at large, whether publicly or privately owned, roadways,
pathways, playgrounds, parks or outdoor facilities owned or operated
by the Township of Hanover, the Board of Education of the Township
of Hanover or the Hanover Park Regional Board of Education, or other
thoroughfares open to general vehicular traffic in the Township of
Hanover.
C.
No person shall be in possession of any alcoholic
beverages or containers of alcoholic beverages on any of the pathways,
playgrounds, parks or outdoor facilities owned or operated by the
Township of Hanover, the Board of Education of the Township of Hanover
or the Hanover Park Regional Board of Education, at any hour of the
day or night, unless a permit for the use of the same is issued by
the Township Committee of the Township of Hanover, the Board of Education
of the Township of Hanover or the Hanover Park Regional Board of Education,
where said authority has jurisdiction.[1]
[Added 12-29-1977 by Ord. No. 31-77;
amended 3-8-1979 by Ord. No. 3-79]
As used in this chapter, 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 and fruit juices.
[Amended 12-29-1977 by Ord. No. 31-77; 3-8-1979 by Ord. No.
3-79]
Any person who shall violate any provision of
this chapter or who fails to comply therewith shall severally, for
each and every such violation and noncompliance, forfeit and pay a
penalty not to exceed the sum of $1,000 or be imprisoned for a period
of not more than 90 days, or both, at the discretion of the court
or jurisdictional officer before whom a conviction may be found.
[Added 12-29-1977 by Ord. No. 31-77;
amended 3-8-1979 by Ord. No. 3-79]
For the purposes of this chapter, the Chief
of Police of the Township of Hanover is hereby appointed Enforcement
Officer.
[Adopted 2-25-2016 by Ord. No. 6-16[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
83 but was renumbered to maintain the organization of the Code.
It shall be unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property, except as provided for in § 82-12 below.
Any person convicted of violating the provisions of this article
shall, in accordance with the provisions of N.J.S.A. 40:48-1, as amended,
be punished by a fine not to exceed $250 for the first offense and
not to exceed $350 for any subsequent offense.
A.
In addition to the fine authorized for this offense, the court may
suspend or postpone for six months the driving privilege of the defendant.
In the event the court exercises its discretion and imposes a suspension
or postponement of the defendant's driving privilege, the court shall
forward a report to the New Jersey Motor Vehicle Commission stating
the first and last day of the suspension or postponement period imposed
by the court pursuant to N.J.S.A. 40:48-1, as amended. If a person
at the time of the imposition of a sentence is less than 17 years
of age, the period of license postponement, including a suspension
or postponement of the privilege of operating a motorized bicycle,
shall commence on the day the sentence is imposed and shall run for
a period of six months after the person reaches the age of 17 years.
B.
If a person at the time of the imposition of a sentence has a valid
driver's license issued by this state, the court shall immediately
collect the license and forward it to the New Jersey Motor Vehicle
Commission along with the report. If for any reason the license cannot
be collected, the court shall include in the report the complete name,
address, date of birth, eye color and sex of the person, as well the
first and last date of the license suspension period imposed by the
court.
C.
The court shall inform the person orally and in writing that if the
person is convicted of operating a motor vehicle during the period
of license suspension or postponement, the person shall be subject
to the penalties set forth in N.J.S.A. 39:3-40. A person shall be
required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of a written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
D.
If a person convicted under this article is not a New Jersey resident,
the court shall suspend or postpone, as appropriate, the nonresident
driving privilege of the person based on the age of the person and
submit it to the New Jersey Motor Vehicle Commission on the required
report. The court shall not collect the license of a nonresident convicted
under this article. Upon receipt of a report from the court, the New
Jersey Motor Vehicle Commission shall notify the appropriate officials
in the licensing jurisdiction of the suspension or postponement.
A.
Nothing contained in this article is intended, nor shall it be construed,
as prohibiting an under-aged person from consuming or possessing an
alcoholic beverage in connection with a religious observance, ceremony
or rite, or consuming or possessing an alcoholic beverage 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;
provided that, if the under-aged person is found to possess or consume
an alcoholic beverage in the presence of and with the permission of
a relative other than a parent or guardian, the police shall notify
the parent or legal guardian, by certified mail, of the incident together
with the name of the relative who gave permission for the possession
or consumption of the alcoholic beverage by the under-aged person.
The notification shall include a request that the parent or guardian
acknowledge and return a copy of the letter to the Police Department
within 15 days of receipt.
B.
GUARDIAN
RELATIVE
As used in the preceding Subsection A, the following terms shall have the meanings set forth:
A person who has qualified as a guardian of the under-aged
person pursuant to testamentary or court appointment.
The under-aged person's grandparent, aunt or uncle, sibling,
or any other persons related by blood or affinity.
C.
Nothing contained in this article is intended nor shall it be construed
as prohibiting possession of alcoholic beverages by any such person
while actually engaged in the performance of employment by a person
who is licensed under Title 33 of the Revised Statutes, or while actively
engaged in the preparation of food while enrolled in a culinary arts
or hotel management program at a county vocational school or postsecondary
educational institution; provided, however, that this article shall
not be construed to preclude the imposition of a penalty under this
section, N.J.S.A. 33:1-81, or any other section of law against a person
who is convicted of unlawful alcoholic beverage activity on or at
premises licensed for the sale of alcoholic beverages.
