All applications for licenses under this chapter and all licenses issued
hereunder and proceedings in connection herewith shall be made in accordance
with and issued subject to N.J.S.A. 33:1-1 et seq. and the rules and regulations
of the Division of Alcoholic Beverage Control of New Jersey applicable thereto
and shall be subject to any other statutes of New Jersey or of the United
States, now extant or hereafter enacted, affecting such subject matters.
The Township Committee of the Township of Washington, being the governing
body of said municipality, shall constitute the authority for the administration
of issuance of licenses under this chapter and shall forthwith report the
issuance of all such licenses to the Commissioner of Alcoholic Beverage Control.
Any and all written objections and petitions filed protesting against
the issuance of any alcoholic beverage license or the granting of a license
transfer shall be dated and signed after the first advertisement of the notice
of application has been published.
The following are types of alcoholic beverage licenses:
A. Plenary retail consumption license. The fee for a plenary
retail consumption license shall be $720, and the holder of such license shall
be entitled, subject to the provisions of said statute, to sell for consumption
on the licensed premises any alcoholic beverages by the glass or other open
receptacle and also to sell all alcoholic beverages in original containers
for consumption off the licensed premises.
[Amended 11-11-1987 by Ord.
No. 87-18; 9-21-1999 by Ord.
No. 99-10; 3-19-2002 by Ord.
No. 02-4]
B. Seasonal retail consumption license. The fee for a seasonal
retail consumption license shall be 75% of the fee fixed for plenary retail
consumption licenses, and such license shall entitle the holder, subject to
the provisions of said statute, to sell during the summer season from May
1 until November 14, inclusive, or during the winter season, from November
15 to April 30, inclusive, for consumption on the licensed premises any alcoholic
beverage by the glass or other open receptacle and also, to sell all alcoholic
beverages in original containers for consumption off the licensed premises.
C. Plenary retail distribution license. There shall be no
plenary retail distribution license granted within the Township of Washington,
Warren County.
D. Limited retail distribution license. There shall be no
limited retail distribution license granted within the Township of Washington,
Warren County.
E. Club license. The fee for a club license shall be $90,
and the holder of such license shall be entitled, subject to the provisions
of said statute, to sell any alcoholic beverages intended for immediate consumption
on the licensed premises and only to bona fide club members and their guests.
Club licenses may be issued only to such corporations, associations and organizations
as are operated for benevolent, charitable, fraternal, social, religious,
recreational, athletic or similar purposes and not for private gain and which
comply with all conditions which may be imposed by the Commissioner of Alcoholic
Beverage Control by rules and regulations.
[Amended 11-11-1987 by Ord.
No. 87-18; 9-21-1999 by Ord.
No. 99-10; 3-19-2002 by Ord.
No. 02-4]
The total number of plenary retail consumption licenses and seasonal
retail consumption licenses issued and outstanding in the Township at the
same time shall not exceed one for each 3,000 persons as shown by the last
preceding federal census.
[Amended 8-15-2000 by Ord.
No. 00-8; 3-15-2005 by Ord. No. 2005-05]
A. No person under the legal age shall order, be served with or
have in his or her possession or consume any alcoholic beverages on any public
street or in any public place in the Township of Washington, in the County
of Warren. No person shall invite or induce any person under the legal age
to be served with or have in his or her possession any alcoholic beverages
on any public street or in any public place in the Township of Washington,
in the County of Warren.
B. 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.
C. Nothing contained in this article is intended, nor shall it be
construed, as prohibiting an underaged 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. A relative is defined
to be the underaged person's grandparent, aunt or uncle, sibling or any other
person related by blood or affinity. A guardian is defined to be a person
who has qualified as a guardian of the underaged person pursuant to testamentary
or court appointment.
D. 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 a 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 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.
[Amended 3-15-2005 by Ord. No. 2005-05]
A. Unless another penalty is expressly provided by New Jersey Statute or by rules and regulations duly promulgated by the State Director or Alcoholic Beverage Control any person convicted of a violation of a provision of this chapter or any amendment hereto, with the exception of §
43-8, shall be subject to a fine of not more than $500 or may be imprisoned in the county jail for term not to exceed 90 days, or both.
B. Any person convicted of a violation of §
43-8 or any amendment hereto shall be subject to:
(1) In accordance with the provisions of N.J.S.A. 40:48-1.2, be punished
by a fine of $250 for a first offense and $350 for any subsequent offense.
(2) In addition to the fine authorized for this offense, the court
may suspend or postpone for six months the driving privileges of the defendant.
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 N.J.S.A. 40:48-1.2. If a person at
the time of the imposition of 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.
(3) 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 of Motor Vehicles 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 the sex of the person, as well as the first and last date of the license
suspension period imposed by the court.
(4) 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 written notice in writing. Failure to receive a written notice
shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
(5) If a person convicted under this article is not a New Jersey
resident, the court shall suspend or postpone, as appropriate, the nonresidential
driving privilege of the person based on the age of the person and submit
it to the Division of Motor Vehicles 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 Division of Motor Vehicles shall notify
the appropriate officials in the licensing jurisdiction of the suspension
or postponement.