This article is for the purpose of regulating the sale, consumption,
and distribution of alcoholic beverages in the Township of Pemberton
in accordance with the provisions of Title 33 of the Revised Statutes
of New Jersey, as amended, and in accordance with the regulations
issued and promulgated by the Director of the Division of Alcoholic
Beverage Control applicable thereto, from time to time.
The Council of the Township of Pemberton shall constitute the
authority for the issuance and administration of all licenses under
this chapter, and shall make such reports to the Director of the Division
of Alcoholic Beverage Control as may be required by statute or the
rules and regulations promulgated by the Director.
It shall be unlawful to sell or distribute alcoholic beverages
in the Township of Pemberton without a license previously applied
for and duly granted pursuant to the provisions of Title 33 of the
Revised Statutes of New Jersey, as amended.
A.Â
Plenary retail consumption license. The annual fee for a plenary
retail consumption license shall be $990.
B.Â
Club license. The annual fee for a club license is fixed at $150.
C.Â
Hotel plenary retail consumption license. The annual fee for licenses
issued to persons operating hotels or motels containing 100 or more
guest sleeping rooms shall be $2,000.
D.Â
Plenary retail distribution license. The annual fee for a plenary
retail distribution license shall be $2,000.
E.Â
Restricted brewery license. A restricted brewery license shall be issued by the Alcoholic Beverage Commission solely to a person or entity that identically owns a plenary retail consumption license issued by the Township of Pemberton which is operated in conjunction with a restaurant regularly and principally used for the purpose of providing meals to customers and having kitchen facilities, subject to conditions, limitations, and approvals which may be required by applicable law and regulations, and the limitations on the number of said licenses pursuant to § 64-6 of this chapter.
The Township of Pemberton shall not issue any seasonal retail
consumption license or any limited distribution license.
A.Â
The number of licenses shall be limited as follows:
(1)Â
No new plenary retail consumption license shall be issued unless
and until the total number of such licenses existing in the Township
of Pemberton is fewer than one for each 3,000 residents of the Township
as indicated by the most recent federal census except that a plenary
retail consumption license may be issued to persons operating hotels
or motels containing 100 or more guest sleeping rooms notwithstanding
the population ratio as permitted by Title 33 of the Revised Statutes
of New Jersey.
(2)Â
Three new plenary retail distribution licenses may be issued by the
Township of Pemberton. The sale by the Township of a plenary retail
distribution license shall be subject to public bidding, the establishment
of a minimum bid by the Council, and duly advertised, except that
the Mayor may negotiate, and the Council may approve, the private
sale of a plenary retail distribution license to be used exclusively
within a redevelopment area of the Township.
(3)Â
The number of club licenses for the sale and consumption of alcoholic
beverages shall be limited to five. Transfers of club licenses shall
not be permitted.
B.Â
The provisions of this section shall not prevent the renewal of existing
licenses by the holders of any plenary retail consumption licenses.
A.Â
No licensee shall sell, serve, deliver or allow, permit or suffer
the sale, service or delivery of any alcoholic beverage or permit
the consumption of any alcoholic beverage on the licensed premises
on New Year's Day when it is a weekday, between the hours of
4:00 a.m. and 12:00 noon; on other weekdays, between the hours of
4:00 a.m. and 7:00 a.m.; or on Sundays between the hours of 4:00 a.m.
and 12:00 noon.
B.Â
During the hours that sales are hereinabove prohibited, the entire
licensed premises shall also be closed, but this closing-of-premises
requirement shall not apply to hotels, to restaurants as defined in
Title 33 of the Revised Statutes of New Jersey or to other establishments
where the principal business is other than the sale of alcoholic beverages.