Township of Hillsborough, NJ
Somerset County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Hillsborough 7-12-1960 by Ord. No. 60-4 (Ch. 60 of the 1977 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 224.
Retail food establishments — See Ch. 304.

§ 113-1 Purpose.

The purpose of this article is to regulate the sale and distribution of alcoholic beverages in the Township of Hillsborough, County of Somerset and State of New Jersey, to provide for the issuance of licenses for the sale and distribution of alcoholic beverages and to establish license fees therefor, in accordance with the provisions of Title 33 of the New Jersey Revised Statutes, together with amendments thereof and supplements thereto, and such rules, regulations and provisions promulgated or to be promulgated by the State Commissioner of Alcoholic Beverage Control governing the same and to provide penalties for violations.

§ 113-2 Types of licenses; fees.

[Amended 8-11-1981 by Ord. No. 81-14; 7-13-1982 by Ord. No. 82-9; 4-27-1993 by Ord. No. 93-10; 8-22-1995 by Ord. No. 95-5; 9-9-2003 by Ord. No. 2003-15]
A. 
Licenses which may be issued in the Township of Hillsborough pursuant to this article and the fees to be charged therefor shall be as follows:
(1) 
Plenary retail consumption license shall be $2,500 per year from July 1, 2003, and thereafter unless and until amended by subsequent ordinance of the Township of Hillsborough.
(2) 
Plenary retail distribution license shall be $2,500 per year from July 1, 2003, and thereafter unless and until amended by subsequent ordinance of the Township of Hillsborough.
(3) 
Club license, for which a fee of $188 per year shall be charged.
B. 
No seasonal retail consumption license and no limited retail distribution license shall be granted within the boundaries of the Township of Hillsborough in the County of Somerset.

§ 113-3 Licensing restrictions.

[Amended 8-14-1984 by Ord. No. 84-11]
The operations under each license issued pursuant to this article shall be confined to the premises designated in the license and no other.

§ 113-4 Number of plenary retail consumption licenses.

A. 
Not more than 12 plenary retail consumption licenses shall be issued and remain outstanding and in force in the Township of Hillsborough in the County of Somerset at any one time; provided, however, that this restriction upon the number of such licenses to remain outstanding and in force at any one time shall not be so construed or applied as to prevent the renewal, transfer or renewal after transfer of any such licenses in excess of 12 which have been heretofore issued and are now outstanding and in full force if the licensee or transferee and the licensed premises shall otherwise possess all of the qualifications necessary to be entitled to the renewal or transfer thereof.
[Amended 10-24-2001 by Ord. No. 2001-43]
B. 
Nothing in this article shall prevent the issuance of a new plenary retail consumption license to a person operating a hotel or motel containing at least 50 sleeping rooms provided, however, that there shall be no renewal or transfer of such newly issued license except for or to a hotel or motel containing at least 50 sleeping rooms.
[Added 12-10-1968 by Ord. No. 68-15]

§ 113-5 Number of plenary retail distribution licenses.

[Amended 6-26-1984 by Ord. No. 84-8; 8-22-1995 by Ord. No. 95-30; 10-24-2001 by Ord. No. 2001-43]
The number of plenary retail distribution licenses outstanding in the Township of Hillsborough in the County of Somerset at the same time shall not exceed four.

§ 113-6 Number of club licenses.

The number of club licenses outstanding in the Township of Hillsborough in the County of Somerset at the same time shall not exceed four.

§ 113-7 Restrictions as to hours.

A. 
No licensee shall sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of, any alcoholic beverage, or suffer consumption of any alcoholic beverage upon the licensed premises, on New Year's Day when it is a weekday between the hours of 4:00 a.m. and 7:00 a.m.; on New Year’s Day when it is a Sunday between the hours of 4:00 a.m. and 10:00 a.m.; on other weekdays between the hours of 2:00 a.m. and 7:00 a.m.; and on other Sundays between the hours of 2:00 a.m. and 10:00 a.m.
[Amended 9-8-2009 by Ord. No. 2009-32]
B. 
During the hours that sales are hereinabove prohibited, the entire licensed premises shall also be closed; however, such portions of the licensed premises as are used exclusively for the preparation and sale of food may for such purposes be open on Sunday after the hour of 7:00 a.m.
C. 
The hours hereinabove set forth shall be according to Eastern standard time except during such times of each year as Eastern daylight saving time shall be in effect.
[Amended 12-27-1977 by Ord. No. 77-21]

§ 113-8 Violations and penalties.

A. 
Any person who shall sell, serve, deliver, distribute or permit the sale of alcoholic beverages without having complied with this article or in violation thereof shall, upon conviction, be deemed guilty of a Class B violation, punishable as provided in Chapter 1, General Provisions, Article II, of this Code.
B. 
Any person, except an officer or other person authorized or acting pursuant to proper instructions of any officer or the Township Committee or the Commissioner of Alcoholic Beverage Control, his duly authorized agents or servants, who shall purchase, receive or procure any illicit beverages shall, upon conviction thereof, be subject to the penalties provided in N.J.S.A. 33:1-49.
[Adopted 6-13-2001 by Ord. No. 2001-26]

§ 113-9 Purpose.

The purpose of this article is to provide for the enforcement of P.L. 2000, c. 33.[1]
[1]
Editor's Note: See N.J.S.A. 33:1 et seq.

§ 113-10 Definitions.

As used in this article, the following terms shall have the meanings indicated:
GUARDIAN
A person who has qualified as a guardian of the underage person pursuant to testamentary or court appointment.
RELATIVE
The underage person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.

§ 113-11 Violations and penalties.

A. 
Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage on private property shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense. The court may, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privilege of the defendant.
B. 
Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this article.
(1) 
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.
(2) 
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 Division along with the report.
(3) 
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 as 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. 
The court shall, of any person convicted under this article who is not a New Jersey resident, suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a nonresident convicted under this article. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

§ 113-12 Exemptions.

A. 
This article does not prohibit an underage 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.
B. 
This article does not prohibit 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 post secondary educational institution; however, no ordinance enacted pursuant to this article shall be construed to preclude the imposition of a penalty under this article, 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.