[Adopted 3-16-1982 by Ord. No. 555-82 as Ch. VIII of the 1982 Revised General Ordinances (Ch. 109, Art. I, of the 1993 Code)]
This article is enacted to regulate the sale and transportation of alcoholic beverages in Hazlet 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 the Division of Alcoholic Beverage Control.
As used in this article, 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 Director of the Division of Alcoholic Beverage Control.
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 § 125-1 and all other applicable laws of the State of New Jersey or of the United States.
All licenses required by this article shall be issued by the Township Committee, which shall also administer the provisions of this article.
[Amended 6-28-1986 by Ord. No. 637-86]
No person shall sell or distribute alcoholic beverages within the Township without having obtained a license in accordance with the Act referred to in § 125-1 and the provisions of this article.
A. 
The annual license fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the Township shall be as provided in Chapter 196 Fees, Article I, Public Documents.
[Amended 12-20-1988 by Ord. No. 726-88; 5-7-1990 by Ord. No. 780-90; 3-2-1993 by Ord. No. 902-93][1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The provisions of this section with respect to the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued.
C. 
Nothing contained in this section shall be deemed to prohibit granting of a new plenary retail consumption license to a person operating a hotel or motel containing at least 100 sleeping rooms, provided that there shall be no renewal or transfer of a new license issued for such hotel or motel except to another hotel or motel containing at least 100 sleeping rooms.
A. 
No plenary retail consumption licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage for consumption on the licensed premises or allow, permit or suffer the consumption of any alcoholic beverage on the licensed premises between the following hours:
(1) 
On any day of the week, except Sundays, between 2:00 a.m. and 7:00 a.m., prevailing time.
(2) 
On Sundays, between 2:00 a.m. and 9:00 a.m., prevailing time.
[Amended 12-20-1988 by Ord. No. 725-88]
B. 
No plenary retail consumption or plenary retail distribution licensee shall sell or deliver or allow, permit or suffer the sale or delivery of any distilled spirits at retail in its original container for consumption off the licensed premises or allow, permit or suffer the removal of any distilled spirits, in its original or opened container, from the licensed premises before 9:00 a.m. or after 10:00 p.m., prevailing time, on any day of the week except Sunday or before 9:00 a.m. or after 10:00 p.m., prevailing time, on Sunday.
[Amended 12-20-1988 by Ord. No. 725-88]
C. 
During the hours when sales of alcoholic beverages are prohibited, the entire licensed premises shall be closed and no person shall be admitted or permitted to remain therein except the licensee or bona fide employees of the licensee. This provision shall not apply to bona fide hotels or to restaurants as defined in N.J.S.A. 33:1-1.
No plenary retail consumption licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage for consumption on the licensed premises, or allow, permit or suffer the consumption of any alcoholic beverage on the licensed premises on New Year's Day, when New Year's Day is a weekday, between the hours of 5:00 a.m. and 7:00 a.m., prevailing time, or when New Year's Day is a Sunday, between the hours of 5:00 a.m. and 12:00 noon, prevailing time.
Pursuant to N.J.S.A. 33:1-40.3, plenary retail consumption and plenary retail distribution licensees may sell or deliver or allow, permit or suffer the sale or delivery of wines or malt alcoholic beverages, at retail, in their original containers for consumption off the licensed premises or allow, permit or suffer the removal of wines or malt alcoholic beverages in their original opened containers from the licensed premises, during the hours specified in §§ 125-6A and 125-7, being the same hours during which a plenary retail consumption licensee may sell, serve, deliver or allow, permit or suffer the sale, service or delivery of alcoholic beverages for consumption on the licensed premises or allow, permit or suffer the consumption of any alcoholic beverages on the licensed premises.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person shall serve, sell, dispense, drink or consume any alcoholic beverage on a public street, highway, avenue, alley or road of this Township, or upon any public grounds, parks, sidewalks or in any automobile or other vehicle or any other means of transportation, while on the public streets, highways, alleys, avenues, public grounds, parks or sidewalks, except as provided in Subsection C of this section.
B. 
No person shall possess any open bottle, can or container which contains alcoholic beverages on any public street, highway, avenue, alley or road of this Township, or upon any public grounds, parks, sidewalks or in any automobile or other vehicle or any other means of transportation while on the public streets, highways, alleys, avenues, public grounds, parks or sidewalks, except as provided in Subsection C of this section.
C. 
Restrictions set forth in Subsections A and B of this section shall not apply to any Township recreational facility, where a permit has been issued by the Board of Recreation Commissioners to allow use of alcoholic beverages at a specific activity, and a special permit for social affairs is obtained from the Division of Alcoholic Beverage Control.
D. 
The restrictions set forth in Subsections A and B of this section shall not apply to the Hazlet Swim and Tennis Club facility when and if the activity is sanctioned by the Hazlet Swim and Tennis Club officials, and a special permit for social affairs is obtained from the Division of Alcoholic Beverage Control.
No person shall be served alcoholic beverages in any room which is not open to the public. This section shall not apply to club licenses.[1]
[1]
Editor's Note: Section 125-11, Outside view of interior of premises, and § 125-12, Sales to minors; misstating age, as amended 9-21-1993 by Ord. No. 923-93, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article or any provisions of any applicable statute or any of the rules or regulations of the State Director of Alcoholic Beverage Control.
B. 
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.
C. 
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 9-21-1993 by Ord. No. 923-93]
Unless otherwise provided by Title 33 of the New Jersey Statutes or other general law, for violation of any provision of this article, the maximum penalty, upon conviction, shall not exceed the maximum penalties set forth in Chapter 1, General Provisions, Article II. Each and every violation of any provision of this article shall be considered a separate violation and shall subject the person so charged to the maximum penalty.