[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River as indicated in article histories. Amendments noted where applicable.]
Consumption or possession of alcoholic beverages on municipal beaches, swim clubs and swimming pools — See Ch. 175.
Selling or serving during operation of games of chance — See Ch. 321.
Selling, serving or consuming at carnivals, circuses and traveling shows — See Ch. 238.
Article I Sale of Alcoholic Beverages; Licensing Requirements
Article II Consumption or Possession by Underage Persons on Private Property
[Adopted 12-9-2008 by Ord. No. 4168-08]
The number of licenses to sell alcoholic beverages in Toms River Township, Ocean County, New Jersey, shall be limited as follows:
Not more than 29 plenary retail consumption licenses based on 2000 census figures shall be issued.
Not more than 11 plenary retail distribution licenses that could be issued based on the 2000 census figures.
The number of club licenses shall not be more than 16.
Notwithstanding the foregoing provisions, no establishment that is issued a new plenary retail distribution license (a "D" license), based on an increase in population, on or after July 1, 2014, or any existing license transferred on or after July 1, 2014, shall be located within a two-thousand-five-hundred-foot radius of another establishment so licensed. This restriction is inapplicable to establishments located on opposite sides of State Highways 37 and 70.
[Added 6-24-2014 by Ord. No. 4450-14]
Nothing in this particular section, however, shall prohibit the granting of any new plenary retail consumption license to an individual, firm or corporation operating a hotel or motel containing 100 guest sleeping rooms or who may hereafter construct or establish a new hotel or motel containing at least 100 guest sleeping rooms; provided, however, that:
No license hereafter granted or issued for or upon any hotel or motel premises shall subsequently be transferred from the site for which it was originally issued.
Each such license for a hotel or motel shall be solely for the service of alcoholic beverages for consumption on licensed premises only.
Establishments operating under a valid plenary consumption license issued pursuant to this chapter may obtain a one-day permit for special events involving the outdoor consumption of alcoholic beverages on their premises.
[Added 6-25-2013 by Ord. No. 4405-13]
Permit applications must be submitted to the Township Clerk no later than 30 days before the date of the scheduled event.
Applications must be submitted on a form promulgated by the Township Clerk and must state the following information:
The date and location of the special event.
The number of attendees expected or anticipated.
The nature and purpose of the event.
The hours of the event.
The sponsor of the event.
Any other information requested by Township officials to assess the impact of the event on the community.
The application must be reviewed by the Township Clerk, the Chief of Police, or his or her designee, and any other Township department or official whose jurisdiction is affected by the proposed event. If, based on this review, Township officials determine that the proposed event shall negatively impact the health, safety, and welfare of the community, the permit must either be denied, or, where feasible, issued with specific conditions designed to mitigate or avoid the detrimental effects.
The applicant's prior conduct as a purveyor of alcoholic beverages may be considered in evaluating an application for a one-day special event permit and may be a basis for denial.
The permit requires approval by both the Chief of Police and the Township Clerk and payment of a fee of $150.
One-day special event permits are limited to a single location, designated in the permit, and may not be transferred, expanded, or extended to a different location. Changes in location require application for and issuance of a new permit.
No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m., excepting January 1 of each year, as hereinafter provided.
No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage on licensed premises on January 1, when it is a Sunday, between the hours of 5:00 a.m. and 7:00 a.m.; sales of alcoholic beverages being permissible on January 1 when it is a weekday, at any time.
The hours above referred to shall be Eastern standard time except from 2:00 a.m. on the last Sunday in April until 2:00 a.m. on the last Sunday in September, each year, when they shall be Eastern daylight saving time, which is one hour in advance of Eastern standard time.
No licensee shall sell or deliver or allow, permit or suffer the sale or delivery of any alcoholic beverage, at retail, in its original container for consumption off the licensed premises or allow, permit or suffer the removal of any alcoholic beverage in its original or opened container from any retail licensed premises before 9:00 a.m. or after 10:00 p.m. on any day of the week, including Saturday and Sunday; provided, however, that any holder of a retail consumption or retail distribution license, as provided in this article, may sell malt alcoholic beverages and wine in original bottles or can containers for consumption off the premises on the same days and during the same hours that the sale of alcoholic beverages for consumption on the premises is authorized in this article.
Each and every license for the sale of any alcoholic beverage shall be issued subject to statutory provisions, the rules and regulations of the Director of the Division of Alcoholic Beverage Control, State Department of Law and Public Safety, and also subject to any and all rules and regulations to be adopted by the governing body of this municipality.
The annual license fee for each Class C alcoholic beverage license shall be as follows:
Upon conviction, after hearing, of any violation of any provision of this article or of any statute, rule or regulation aforesaid, any license issued or created by this municipality may be suspended or revoked in accordance with rules and regulations heretofore or hereafter promulgated by the Director of the Division of Alcoholic Beverage Control, State Department of Law and Public Safety.
[Adopted 9-22-2009 by Ord. No. 4226-09]
No person under the age of 21 years ("underage person") shall, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property. A person shall not be considered to knowingly possess an alcoholic beverage merely because he or she is present where alcoholic beverages are being consumed.
A person under the age of 21 years shall not be prohibited from:
Possessing or consuming an alcoholic beverage in connection with a religious observance, ceremony, or rite or possessing or consuming 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 or consume alcoholic beverages; or
Possessing an alcoholic beverage while engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes of New Jersey 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 postsecondary educational institution.
A person who affirmatively requests assistance from authorities (such as via a 911 call) or from an off-site adult (such as a parent, guardian, or neighboring resident) for the purpose of seeking aid for a person who is suffering from the effects of alcohol or otherwise is in need of medical assistance shall not be charged with underage possession or consumption of alcohol on private property, as long as assistance is provided as a result of such request. In an instance where such an affirmative request for assistance is made, and the person to whom assistance is provided is under the age of 21, that person also shall be not charged with underage possession or consumption of alcohol on private property.
A person who is a resident of a dwelling on private property who affirmatively requests assistance from authorities (such as via a 911 call) or from an off-site adult (such as a parent, guardian, or neighboring resident) for the purpose of controlling or removing nonresidents who are on that property shall not be charged with underage possession or consumption of alcohol on private property, as long as assistance is provided as a result of such request.
As used in this article, the following terms shall have the meanings indicated:
- A person who has qualified as a guardian of the underage person pursuant to testamentary or court appointment.
- The underage person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
A violation of this article by an underage person shall be punished by a fine of $250 for a first offense, and $350 for any subsequent offense. In addition, the court may, in its discretion, require the performance of community-related service.
The court may, in addition to the penalty authorized for a violation of this article, suspend or postpone for six months the driving privileges of a convicted underage person. Upon the conviction of any underage 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 (Division) stating the first and last day of the suspension or postponement period imposed by the court. 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 attains the age of 17 years.
If an underage person at the time of the imposition of a sentence has a valid driver's license issued by the state, the court may immediately collect the license and forward it to the Division 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 as the first and last date of the license suspension period imposed by the court.
The court shall inform the underage 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 convicted underage person 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 to the Division the required report. The court shall not collect the license of a convicted underage nonresident. Upon receipt of a report by the court, the Division shall notify the appropriate officials in the licensing jurisdiction of the convicted underage person of the suspension or postponement.