[HISTORY: Adopted by the Township Committee of the Township of Washington as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-20-1971 as Ch. VII of the Revised General Ordinances]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the township 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.
As used in this article, relevant words and phrases shall have the same meanings they have in N.J.S.A. 33:1-1 et seq. and the rules and regulations of the State Director of Alcoholic Beverage Control.
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 § 42-1, and all other applicable laws of the State of New Jersey or of the United States.
Issuing authority. All licenses required by this article shall be issued by the governing body, which shall also administer the provisions of this article.
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 § 42-1 and the provisions of this article.
License fees. The annual license fees for the sale or distribution of alcoholic beverages under licenses permitted in the township shall be as follows:
[Amended 1-17-1972; 8-19-1974; 8-18-1975; 8-16-1976; 9-17-1979 by Ord. No. 62-79; 10-20-1980 by Ord. No. 45-80; 12-21-1981 by Ord. No. 46-81; 11-15-1982 by Ord. No. 22-82; 12-19-1983 by Ord. No. 30-83; 5-20-1985 by Ord. No. 15-85; 9-20-2004 by Ord. No. 21-04; 2-20-2006 by Ord. No. 01-06; 6-17-2013 by Ord. No. 13-13]
Renewal of licenses. Renewal of licenses shall be subject to approval by the Township Board of Health, Police Department and Construction Official.
[Added 9-17-1979 by No. 62-79]
Hours of sale. No alcoholic beverages shall be sold, served, consumed in or delivered to a licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m., except that on Sunday no alcoholic beverages shall be sold, served, consumed in or delivered to a licensed premises between the hours of 2:00 a.m. and 10:00 a.m. This subsection shall not apply to January 1 when no person shall sell, serve, deliver or permit the consumption of alcoholic beverages on licensed premises between the hours of 3:00 a.m. and 7:00 a.m. on weekdays and 10:00 a.m. on Sundays.
[Amended 2-20-2006 by Ord. No. 01-06]
Minors prohibited in premises. Persons under the age of 21 years of age shall not be allowed to frequent, loiter or remain in any room used or devoted to the sale, service or consumption of alcoholic beverages upon a licensed premises, unless accompanied by their parent, guardian or adult husband or wife, provided that this provision shall not be applied to restaurants or guest rooms and private or public dining rooms, nor to minors holding special work permits issued by the Division of Alcoholic Beverage Control.
[Amended 9-17-1979 by Ord. No. 62-79; 5-20-1985 by Ord. No. 15-85]
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.
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.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for violation of this article.
[Adopted 11-20-2000 by Ord. No. 24-00]
It shall be unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property except as provided for in § 42-9 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.
In addition to the fine authorized for this offense, the Court may suspend or postpone for six months the driving privilege of the defandant. 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 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.
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 sex of the person, as well the first and last date of the license suspension period imposed by the Court.
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.
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 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.
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.
As used in the preceding Subsection A, the following terms shall have the meaning set forth:
- A person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
- The underaged person's grandparent, aunt or uncle, sibling or any other persons related by blood or affinity.
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 Statues 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; 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.