[HISTORY: Adopted by the Township Council of the Township of Lower as indicated in article histories. Amendments noted where applicable.]
Article I Open Containers
Article II Licensing; Regulations
§ 157-8 Limitations on establishments licensed for on-premises consumption; violations and penalties.
[Adopted by Ord. No. 78-87 (Sec. 3-13 of the 1975 Code)]
The maintenance, carrying and/or consumption of alcoholic beverages in open containers on the streets, thoroughfares, byways, public rights-of-way and public recreation areas of the Township is hereby expressly forbidden.
No licensee shall sell, serve or deliver any alcoholic beverages for off-premises consumption except in the original unopened container.
Any person or entity who shall violate any of the terms hereof shall, upon conviction, be fined not less than $50 nor more than $500 or be imprisoned for a period not to exceed 10 days for each violation, or both.
[Adopted 12-10-1975 as Ch. VI of the 1975 Code]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Lower 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, 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 Director of the Division 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 § 157-4 and all other applicable laws of the State of New Jersey or the United States.
Issuing authority. All licenses required by this article shall be issued by the Township Council, which shall also administer the provisions of this article.
License required. No person shall sell or distribute alcoholic beverages within the Township without obtaining a license in accordance with the Act referred to in § 157-4 and the provisions of this article.
License fees; maximum number.
[Amended by Ord. No. 82-3; Ord. No. 89-5; Ord. No. 92-1; Ord. No. 2001-6]
The annual fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the Township of Lower shall be as follows:
The provisions of this subsection with respect to the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued.
The provisions of N.J.S.A. 33:1-12.14 and N.J.S.A. 33:1-12.20, as the same may be hereafter amended, shall control the number of licenses issued in addition to those listed above in the Township. No seasonal retail consumption licenses shall be issued. No club license shall be issued to any organization or club that renders or performs any protective service.
Editor's Note: Original Subsection 6-3.5, Distance Limitation, amended by Ord. No. 76-35, which previously followed this section, was repealed by Ord. No. 2001-6.
[Amended by Ord. No. 75-12; Ord. No. 77-58; Ord. No. 81-15]
Hours of sale. No licensee shall sell, serve, deliver, allow, permit or suffer the sale or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on a licensed premises during the weekdays between 3:00 a.m. and 7:00 a.m. except as provided by § 157-8.
Sundays. No licensee shall sell, serve, deliver, allow, permit or suffer the sale or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on a licensed premises on Sundays between the hours of 3:00 a.m. and 10:00 a.m. prevailing time; except as provided by § 157-8.
[Amended by Ord. No. 93-9; 3-21-2005 by Ord. No. 2005-5; 3-20-2017 by Ord. No. 2017-05]
Sales to certain persons.
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any habitual drunkard, intoxicated person or minor, nor permit the consumption of alcoholic beverages on any licensed premises by any of the above-named classes or persons, or permit any such persons to congregate in or about the licensed premises.
During the hours sales of alcoholic beverages are hereinabove prohibited, the entire licensed premises shall also be closed, and no person shall be admitted or permitted to remain therein except the licensee or bona fide employees of the licensee.
Clearing establishment of customers. Any licensed premises must be cleared of all customers and patrons at time of closing.
§ 157-8 Limitations on establishments licensed for on-premises consumption; violations and penalties.
[Amended by Ord. No. 80-152; Ord. No. 81-15]
The governing body of the Township of Lower finds that the extension of business hours for liquor establishments from 3:00 a.m. has created a public safety hazard in that there is the likelihood of an increase in both the number and frequency of intoxicated drivers on the streets and thoroughfares of the Township of Lower.
The Township of Lower is desirous of correcting and alleviating this condition in order to make safe its streets and thoroughfares and to protect those who travel thereon; the governing body of the Township of Lower, pursuant to its police powers, does ordain as follows.
Definitions. Unless the context otherwise requires, the following terms as used in this section shall be construed according to the definitions given below:
- ALCOHOLIC LIQUOR
- Any spirit, wine, beer, ale or other liquid containing more than 1/2 of 1% of alcohol by volume which is fit for beverage purposes.
- Includes any bartender, barmaid or other person who waits on customers and dispenses alcoholic liquor.
- LIQUOR ESTABLISHMENT
- Includes taverns, lounges, clubs, restaurants and any other establishment situate within the boundaries of the Township of Lower which sells for consumption on the premises or for takeout any alcoholic liquor.
Prohibited activities. Commencing annually on the Saturday prior to the Monday legally designated as the date for the celebration of Memorial Day, and continuing through the months of June, July, August and September, inclusive:
Liquor establishments shall be permitted to serve, deliver, allow, permit or suffer the sale or delivery of any alcoholic liquor and the consumption of any alcoholic liquor in said liquor establishment until 5:00 a.m., except as provided in Subsection C(2) below.
It shall further be unlawful for any liquor establishment owner or liquor establishment employee to serve any patron who has entered the liquor establishment between the hours of 3:00 a.m. and 5:00 a.m. or to serve someone who has physically exited the premises for any reason and returned between said hours.
Violations and penalties. A violation of Subsection C(1) or (2) of this section will result in a fine of $100 for each violation to the owner of the liquor establishment and to any employee directly involved in such violation. An establishment which flagrantly violates any of the provisions of this section or violates same on three or more separate occasions within a period of three years may have its liquor license suspended after notice and hearing before the Township Committee.
Presence. No minor shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by his parents or guardian; provided, however, a minor may enter any licensed premises in the regular pursuit of his business, trade or occupation, or for the purchase of food or be a guest in a bona fide hotel or restaurant.
Purchase of alcoholic beverages by a minor. No minor shall purchase, attempt to purchase, or have another purchase for him any alcoholic beverage on any premises licensed for the sale of alcoholic beverages.
Purchase of alcoholic beverages for a minor. No person shall purchase or attempt to purchase alcoholic beverages for a minor. It shall be unlawful for any person to induce or attempt to induce any licensee or any employee of a licensee to sell, serve or deliver alcoholic beverages to a minor.
Consumption within family dwelling unit. It shall be unlawful for a minor to consume or to have consumed any alcoholic beverage other than with parental consent, within the family dwelling unit, and within the presence and supervision of his parents or others acting in loco parentis.
[Amended by Ord. No. 77-56]
No licensee shall allow or permit on the licensed premises any vocal or instrumental music from one hour before the time herein fixed, when the sale of alcoholic beverages is required to stop until the hour of sales may be resumed except during the months of June, July, August and September where the time will be 1/2 hour before the time herein fixed when the sale of alcoholic beverages is required to stop until the hour of sales may be resumed, except as designated in Subsections B and C.
Commencing October 1 and continuing up to but not including the Saturday prior to the Monday legally designated as the date for celebration of Memorial Day, no licensee shall allow, permit or suffer on the licensed premises any vocal or instrumental music from one hour before the time herein fixed when the sale of alcoholic beverages is required to cease, until the hour when sales may be resumed.
Commencing annually on the Saturday prior to the Monday legally designated as the date for celebration of Memorial Day and continuing through the months of June, July, August and September inclusive, no licensee shall allow, permit or suffer on the licensed premises any vocal or instrumental music from 1/2 hour before the time herein fixed, when the sale of alcoholic beverages is required to cease, but in no event later than 4:30 a.m., until the hour when such sales may be resumed.
All licensees shall provide for the air conditioning of their premises, and hereinafter no license shall be renewed unless the premises is air conditioned. The air conditioning shall be of sufficient capacity so that windows and doors in the establishment may be closed so as not to disturb the neighborhood. The windows and doors shall in fact be kept closed when necessary so as not to disturb the neighborhood. This section shall not apply to plenary retail distribution licenses.
Suspension or revocation. 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 and regulations of the State Director of Alcoholic Beverage Control.
Proceedings. 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 a violation of this article.
[Amended by Ord. No. 81-10]
All retail liquor licensed establishments whose premises have access to the beach or are located within 100 feet of beachfront property are hereby required to post a sign at every point of exit of said premises warning parties not to bring alcoholic beverages upon the beach as such activity is proscribed by Lower Township ordinance.
[Added 5-7-2012 by Ord. No. 2012-06]
It shall be unlawful for any minor under the age of 21 years to knowingly possess or knowingly consume any alcoholic beverage upon private property without legal authority therefor except as otherwise set forth herein.
A minor under the age of 21 years may possess or consume an alcoholic beverage in connection with a religious observance, ceremony or rite, or consume or possess an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative, who has obtained the legal age to purchase and consume alcoholic beverages.
A minor under the age of 21 years may possess alcoholic beverages while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes of the State of New Jersey, or while such minor is 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.
Definitions. The definitions contained in N.J.S.A. 40:48-1.2c(2) are applicable to the article and are currently as follows:
- A person who has qualified as a guardian of the underaged person, pursuant to testamentary or court appointment.
- The underaged person's grandparent, aunt, uncle, sibling, or any other person related by blood or affinity.
Violations and penalties; suspension or postponement of driving privileges; diversion encouraged. Anyone convicted of a violation of this article shall be subject to a fine of $250 for the first offense and $350 for any subsequent offense. In addition thereto, the sentencing court may, in addition to the fine authorized herein, suspend or postpone, for six months, the driving privileges of the defendant. If the defendant, at the time of sentencing, 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. Nothing in this section shall be deemed to prevent the Municipal Prosecutor, in the exercise of sound discretion, from proposing and the Court approving, without a plea of guilty, an informal diversionary program which would require an assessment of an underaged individual's possible alcohol dependency and/or an educational component related to the dangers of underage alcohol consumption.