This article is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Hardyston 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.
For the purpose of this article, relevant words and phrases herein shall have the same meanings as in N.J.S.A. 33:1-1 et seq., and the rules and regulations of the State Director of Alcoholic Beverage Control.
A.
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the act, 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 article shall be issued by the governing body, which shall also administer the provisions of this article.
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 § 55-1 and the provisions of this article.
D.
License fees.[1] The types of licenses issued and annual license fees for the sale or distribution of alcoholic beverages in the Township shall be as follows:
(1)
Plenary retail consumption license, payable in advance when application for the same is made. No more than five plenary retail consumption licenses shall be issued in one year.[2]
[2]
Editor's Note: Original Section 6-3.4b and c, regarding seasonal licenses, which immediately followed this subsection, was deleted 7-18-2000 by Ord. No. 2000-14.
(2)
Club license, payable when application is made.
(3)
Plenary retail distribution license, payable when application is made.
A.
Hours of sale. No alcoholic beverages shall be sold, delivered or served to or consumed in any licensed premises on any weekday between the hours of 2:00 a.m. and 6:00 a.m., nor on any Sunday between the hours of 3:00 a.m. and 6:00 a.m., provided that on New Year's Day, premises may remain open until 5:00 a.m.[1][2]
B.
Sale on election days. The sale of alcoholic beverages shall be permitted upon licensed premises while the polls are opened for voting on any day designated for general election, primary election, municipal or special election or for any school election hereafter.[3]
[3]
Editor's Note: Original Sections 6-4.4, Sales in Unlicensed Public Premises, and 6-5, Minors, which immediately followed this subsection, were deleted 7-18-2000 by Ord. No. 2000-14.
A.
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article 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. 33:1-31 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 article.