[Adopted by Ord. No. 1308 as Ch. 5.04, Art. I of the 1998 Code]
The purpose of this article is to fix license fees and regulate the sale of alcoholic beverages in the Township of Montville in accordance with the provisions of an act of the Legislature entitled "An Act Concerning Alcoholic Beverages," set forth in Title 33 of the Revised Statutes of New Jersey, 1937, as amended and supplemented, and in accordance with the rules and regulations promulgated or to be promulgated by the State Commissioner of Alcoholic Beverage Control applicable hereto, and in accordance with the rules and regulations existing herein or hereafter adopted by the Township of Montville, not inconsistent with said act or said rules and regulations of said State Commissioner.
It shall be unlawful to sell or distribute alcoholic beverages otherwise than as provided in this article and/or said act.
The Township Committee of the Township of Montville shall constitute the authority for the administration of the issuance of the licenses hereunder, and the Clerk of the Township of Montville is authorized and empowered to issue licenses for the sale and distribution of alcoholic beverages in the Township of Montville when such licenses shall have been approved.
No license shall be issued except after written application presented by the proposed licensee, in such form and after such notice as required by the above-mentioned act.
The annual license fee due and payable to the Township of Montville for a plenary retail consumption license and for a plenary retail distribution license shall be as set forth in Chapter 169, Fee Schedule.
No seasonal retail consumption license, limited retail distribution license or club license shall be issued.
The number of plenary retail consumption licenses issued and outstanding in the Township of Montville, in the County of Morris, shall not exceed 12; provided, however, that this provision shall not affect the renewal of licenses presently issued and outstanding, the transfer of said licenses or the renewal of same by transferees, and provided further that this provision shall not affect the granting of plenary retail consumption licenses to the present holders of club licenses or the renewal and transfer of plenary retail consumption licenses so granted.
This shall not be deemed to prohibit the grant of an application for a new plenary retail consumption license to a person operating a hotel or motel containing at least 100 bona fide sleeping rooms; provided, however, that there shall be no renewal or transfer of such a newly issued license except for or to premises operated as a hotel or motel containing at least 100 bona fide sleeping rooms.
[Amended 2-26-2013 by Ord. No. 2013-04]
No plenary retail consumption license or plenary retail distribution license shall be issued for or transferred to premises within 1,000 feet of any other premises licensed under a plenary retail consumption or plenary retail distribution license. This section shall not prevent renewal for premises now licensed or person-to-person transfers of such licenses. This section shall not prevent the transfer of an existing license on a premises or structure which has been taken for public use or destroyed to a new location within 2,000 feet of such premises or structure.
For the purposes of this section, distance shall be measured from the nearest entrance of a premises sought to be licensed and the nearest entrance of an existing premises in a normal way that a pedestrian would properly walk.
Hours of sale.
No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or permit the consumption of any alcoholic beverage on the licensed premises on Monday through Friday between the hours of 2:00 a.m. and 7:00 a.m., and on Saturday and Independence Day, Labor Day and Thanksgiving Day between the hours of 2:00 a.m. and 7:00 a.m. and on Sunday between the hours of 2:00 a.m. and 12:00 noon.
During the hours sales are hereinabove prohibited, the entire licensed premises shall also be closed, but this closing-of-premises requirement shall not apply to bona fide hotels, to restaurants as defined in N.J.S.A. 33:1-1(t) of the Revised Statutes or to other establishments where the principal business is other than the sale of alcoholic beverages.
No licensee shall sell, serve or deliver, nor shall any licensee suffer or permit the sale, service or delivery of, any alcoholic beverages, directly or indirectly, on or off the licensed premises, to any mental defective, minor, habitual drunkard or intoxicated person, nor permit the same to congregate in or about the licensed premises.
Licensees shall be permitted to sell, serve and deliver alcoholic beverages at all times on New Year's Day and also on Christmas Day of each and every year.
All licenses granted hereunder must be displayed conspicuously in the licensed premises.
No hostess, waitress, female entertainer or other employee shall be served with any beverage, alcoholic or otherwise, in any licensed premises, nor be permitted to sit at any table or stand at any bar with any patron or person in the licensed premises.
No persons shall be served in any back room or side room which is not open to the use of the public generally. No licensee shall rent rooms which are part of the licensed premises or which are located in the same building in which the licensed premises are operated. This latter provision shall not apply in the case of a bona fide hotel or motel operated by such licensee, nor shall it be construed to apply to rental of rooms or living quarters on a monthly or longer term basis where such rental is otherwise permitted by law.
The licensee shall maintain a quiet and orderly house and shall not permit any immoral or indecent conduct or behavior within the place so licensed.
A copy of this article must be displayed conspicuously in the licensed premises.
Any person, firm or corporation who shall sell or deliver any alcoholic beverages without having complied with, or in violation of, any of the provisions of this article shall, upon conviction thereof, be subject to such penalties as are provided for in Chapter 1, Article III, General Penalty.
[Amended 3-23-2010 by Ord. No. 2010-11]
Any license issued pursuant to this article may be suspended or revoked for violation of any of the provisions of this article or for violation of any of the provisions of Title 33 of the Revised Statutes or any of the rules and regulations promulgated by the State Commissioner of Alcoholic Beverage Control.