[Adopted 8-9-1965]
This article is for the purpose of fixing license fees and regulating the sale of alcoholic beverages in the Township of Chesterfield, County of Burlington, in accordance with provisions of an act of the Legislature entitled "An Act Concerning Beverages," P.L. 1933, c. 436, as amended and supplemented (N.J.S.A. 33:1-1 et seq.), and in accordance with the rules and regulations promulgated or to be promulgated by the Director of the Division of Alcoholic Beverage Control of the State of New Jersey applicable hereto and in accordance with the rules and regulations existing herein or hereafter adopted by competent municipal authority not inconsistent with said Act or said rules and regulations of said State Director.
It shall be unlawful to sell alcoholic beverages within the Township of Chesterfield otherwise than as provided in this article and/or said Alcoholic Beverage Control Act, being P.L. 1933, c. 436, as amended and supplemented (N.J.S.A. 33:1-1 et seq.).
The Township Committee of the Township of Chesterfield, County of Burlington, being the governing body of said municipality, shall constitute the authority for the administration of the issuance of licenses hereunder.
A. 
The license fees for the period from July 1 of each year to June 30 of the following year, both dates inclusive, be and the same hereby are established and fixed as follows:
(1) 
Plenary retail consumption license: as set forth in § 110-66, and said license fee is to become effective for the next licensing period.
[Amended 5-10-1971; 4-10-1972; 5-4-1989 by Ord. No. 1989-3; 4-12-1990 by Ord. No. 2-1990; 4-11-1991 by Ord. No. 1991-3; 3-12-1992 by Ord. No. 1992-5; 3-10-1994 by Ord. No. 1994-4; 5-11-1995 by Ord. No. 1995-3; 11-18-1999 by Ord. No. 1999-4; 11-9-2000 by Ord. No. 2000-19; 11-8-2001 by Ord. No. 2001-26; 11-14-2002 by Ord. No. 2002-12; 8-28-2003 by Ord. No. 2003-13; 9-9-2004 by Ord. No. 2004-13; 3-25-2010 by Ord. No. 2010-4]
(2) 
Club license: as set forth in § 110-66, and said license fee is to be prorated according to the portion of the year remaining after issuance thereof.
[Amended 3-25-2010 by Ord. No. 2010-4]
B. 
The number of club licenses for the sale and immediate consumption of alcoholic beverages on such licensed premises in this Township shall be limited to one.
[Added 4-26-2018 by Ord. No. 2018-8]
A. 
Licensed authorized. The issuing of one plenary retail distribution license is hereby authorized.
B. 
Annual fee. The annual fee for a plenary retail distribution license shall be $2,500.
C. 
Prequalification and sale process.
(1) 
Auction. When the governing body determines, in its discretion, to award an available license, it shall sell the license at auction in accordance with the provisions of Title 33 of the New Jersey Statutes, and the Regulations of the New Jersey Division of Alcoholic Beverage Control, and upon such terms and conditions as the Township Committee deems to be lawful, reasonable and in the best interests of the municipality.
(2) 
The governing body may set a minimum bid amount and shall reserve the right to reject all bids for any reasons it determines to be in the best interests of the municipality.
(3) 
Prequalification. All bidders shall prequalify, in the manner specified by the governing body. In addition to such requirements as the governing body shall impose, the prospective bidders, as part of the prequalification process, shall submit: (a) proof of financial ability to undertake the purchase of the license and the contemplated project; (b) information regarding the type, size and special features of the contemplated licensed premises; and (c) records of past alcoholic beverage control violations involving the prospective bidder or the bidder's principals, i.e., owners of more than a 10% equity or debt interest. Furthermore, prospective bidders are required to fulfill any and all requirements of the Chesterfield Township Police Department, and shall supply any and all information requested by the Police Department as part of the Township's prequalification process. Failure to do so may, at the discretion of the Township, result in a prospective bidder being found unqualified to bid.
(4) 
Notice.
(a) 
A notice of sale shall be issued which specifies the time and place at which bids shall be received and opened, and that all prospective bidders shall be notified of the required qualifications no less than 20 days prior to the bid opening.
(b) 
The notice shall further specify the time, place and manner in which the prequalification and bid applications may be obtained and the date on which they are to be submitted.
D. 
In the event that Title 33 the Revised Statues is modified or amended in such a way as to impact these provisions, the State Statute and Administrative Regulations shall control where inconsistent with local ordinance.
[Added 3-10-2022 by Ord. No. 2022-2]
A. 
Licenses authorized. The issuing of three plenary retail consumption licenses is hereby authorized.
B. 
Annual fee. See § 110-66A.
C. 
Prequalification and sale process.
(1) 
Auction. When the governing body determines, in its discretion, to award an available license, it shall sell the license at auction in accordance with the provisions of Title 33 of the New Jersey Statutes and the Regulations of the New Jersey Division of Alcoholic Beverage Control, and upon such terms and conditions as the Township Committee deems to be lawful, reasonable and in the best interests of the municipality.
(2) 
The governing body may set a minimum bid amount and shall reserve the right to reject all bids for any reasons it determines to be in the best interests of the municipality.
(3) 
Pre-qualification. All bidders shall pre-qualify, in the manner specified by the governing body. In addition to such requirements as the governing body shall impose, the prospective bidders, as part of the pre-qualification process, shall submit: a) proof of financial ability to undertake the purchase of the license and the contemplated project; b) information regarding the type, size and special features of the contemplated licensed premises; and c) records of past alcoholic beverage control violations involving the prospective bidder or the bidder's principals, i.e., owners of more than a 10% equity or debt interest. Furthermore, prospective bidders are required to fulfill any and all requirements of the Chesterfield Township Police Department, and shall supply any and all information requested by the Police Department as part of the Township's pre-qualification process. Failure to do so may, at the discretion of the Township, result in a prospective bidder being found unqualified to bid.
(4) 
Notice.
(a) 
A notice of sale shall be issued which specifies the time and place at which bids shall be received and opened, and that all prospective bidders shall be notified of the required qualifications no less than 20 days prior to the bid opening.
(b) 
The notice shall further specific that at what time, place and manner in which the pre-qualification and bid applications may be obtained, and the date on which they are to be submitted.
D. 
In the event that Title 33 the Revised Statues is modified or amended in such a way as to impact these provisions, the state statute and Administrative Regulations shall control where inconsistent with local ordinance.
[Amended 5-4-1989 by Ord. No. 1989-3]
No licensee shall sell, serve, deliver or allow, permit or suffer the service or delivery of any alcoholic beverage, directly or indirectly, to any persons under the legal age for purchasing alcoholic beverages or to any person actually or apparently intoxicated or allow, permit or suffer the consumption of alcoholic beverages by any such person upon the licensed premises.
[1]
Editor's Note: Former § 66-6, Sales prohibited during certain elections, was repealed 12-13-1990 by Ord. No. 1990-14.
No licensee shall directly or indirectly solicit from house to house, personally or by telephone, the purchase of alcoholic beverages or allow, permit or suffer such solicitation.
No licensee shall allow, permit or suffer in or upon the licensed premises any prostitute, female impersonator, pickpocket, swindler, confidence man or any notorious criminal, gangster, racketeer or other person of ill repute; nor shall any licensee allow, permit or suffer the licensed premises to be accessible to any premises upon which any illegal activity or enterprise is carried on or the licensed business to be used in furtherance of aid of or accessible to any such illegal activity or enterprise, which activity or enterprise results in a conviction in a criminal prosecution, including conviction in any prosecution in any municipal court for violation of municipal ordinance.
No licensee shall allow, permit or suffer in or upon the licensed premises any lewdness, immoral activity or foul, filthy or obscene language or conduct or any brawl, act of violence, disturbance or unnecessary noise; nor shall any licensee allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance.
[Amended 5-25-2023 by Ord. No. 2023-7]
No licensee shall allow, permit or suffer in or upon the licensed premises any lottery to be conducted or any ticket or participation right in any lottery to be sold or offered for sale; nor shall any licensee possess, have custody of or allow, permit or suffer any such ticket or participation right in or upon the licensed premises; provided, however, that this rule shall not apply to a licensee at a licensed retail distribution premises which shall be permitted to conduct sales of New Jersey Lottery after having obtained approval of the New Jersey Lottery Commission and all other agencies of the State of New Jersey having jurisdiction over such sales in a licensed retail distribution premises; nor shall this rule apply to bingo or raffles or tickets or participation rights therein being conducted pursuant to appropriate license under the Bingo Licensing Law (N.J.S.A. 5:8-24) or the Raffles Licensing Law (N.J.S.A. 5:8-50); but in any such instance of bingo at licensed premises, the licensee, during the period between the commencement of the first and the conclusion of the last game, shall not sell, serve or deliver or allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage in any room or outdoor area where the bingo or any part thereof is being conducted.
No licensee shall engage in or allow, permit or suffer any pool-selling, bookmaking or any playing for money at faro, roulette, rouge et noir or any unlawful game or gambling of any kind or any device or apparatus designed for such purpose or any machine or device commonly known as a "bagatelle" or "pinball machine" in or upon the licensed premises; provided, however, that bingo and raffles may be permitted in or upon the licensed premises to the same extent as is set forth in § 66-10 hereof.
No licensee shall possess, allow, permit or suffer on or about the licensed premises any slot machine or device in the nature of a slot machine which may be used for the purpose of playing for money or other valuable things.
No licensee shall manufacture, sell, offer for sale, possess, allow, permit or suffer on or about the licensed premises any candy containing rum, cognac, brandy, cordial or other alcoholic beverage, generally known as "liquored candy."
No licensee shall deliver within this state to any person not holding a license under the Alcoholic Beverage Law[1] any alcoholic beverage intended by such person for delivery, by gift or otherwise, to customers or prospective customers in the course of his business.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
No licensee shall receive, possess or sell any alcoholic beverage transported into this state in violation of State Regulation No. 18.
[Amended 5-4-1989 by Ord. No. 1989-3]
A. 
Persons under the legal age for purchasing alcoholic beverages shall not be allowed to frequent, loiter or remain in any room or rooms used or devoted to the sale, service or consumption of alcoholic beverages upon a licensed premises, unless accompanied by a parent, guardian or adult husband or wife of the minor; provided, however, that this provision shall not apply to restaurants or to guest rooms and private and public dining rooms in hotels.
B. 
No person under the legal age for purchasing alcoholic beverages shall be permitted to sing, dance, perform, act, play in an orchestra or in any manner exhibit himself or herself in any performance or entertainment, held, given, offered or conducted on the licensed premises.
No couches, settees, reclining chairs, daybeds or like articles of furniture shall be permitted in rooms where alcoholic beverages are served or consumed; provided, however, that this regulation shall not apply to guest rooms in hotels, motels or in clubs.
No person shall be served in any room or place which is not open to the public generally, except that in the hotels, guests may be served in their rooms or in private dining rooms, and further provided that this regulation shall not apply to club licenses.
All premises in which alcoholic beverages are sold or dispensed, except those which hold club licenses and guest rooms and private dining rooms in hotels, shall be so arranged that a full view of the interior may be had from the public thoroughfare or from adjacent rooms to which the public is freely admitted. All such premises shall be lighted sufficiently so that a full view of the interior may be had at all hours from the thoroughfare or from adjacent rooms to which the public is freely admitted.
[Amended 1-27-1994 by Ord. No. 1994-1]
A. 
Plenary retail consumption licenses. No licensee shall serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages or permit consumption of any alcoholic beverages upon the licensed premises on New Year's Day, when it is a weekday or a Saturday, between the hours of 4:00 a.m. and 7:00 a.m.; on New Year's Day, when it is a Sunday, between the hours of 4:00 a.m. and 10:00 a.m.; on other weekdays and Saturdays between the hours of 2:00 a.m. and 7:00 a.m., except for Mondays, during which said prohibition shall be from 12:00 midnight to 7:00 a.m.; and on other Sundays between the hours of 2:00 a.m. and 10:00 a.m.
[Amended 11-9-1995 by Ord. No. 1995-12; 7-11-1996 by Ord. No. 1996-14; 5-26-2005 by Ord. No. 2005-6; 4-26-2018 by Ord. No. 2018-8]
B. 
During the hours of sales as hereinabove prohibited, the entire licensed premises shall also be closed, but this closing of premises requirement shall not apply to restaurants and clubs as defined in N.J.S.A. 33:1-1 et seq.
C. 
Plenary Retail Distribution (Package) Sales Hours. No Plenary Retail Distribution Licensee shall allow, permit or suffer the sale, service or delivery of any alcoholic beverages, or the removal of any alcoholic beverages from the licensed premises before 9:00 a.m. or after 10:00 p.m. on any day of the week.[1]
[Added 4-26-2018 by Ord. No. 2018-8]
[1]
Editor's Note: Former Subsection C, which allowed the Township Committee to review the limitation on hours of operation, was repealed 11-9-1995 by Ord. No. 1995-12.
No person, individual, partnership, corporation or association other than the licensee shall have any interest, directly or indirectly, in the license granted or the business to be conducted under said license without a full disclosure first having been made, either in the application for said license or as soon after the interest in the license or in the business conducted under said license shall have come into being.
No person shall import, own, possess, keep or store in the Township of Chesterfield alcoholic beverages with intent to sell or transport alcoholic beverages in violation of the provisions of this article or said Alcoholic Beverage Control Act.[1]
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
No person shall own, keep or store in the Township of Chesterfield any implement or paraphernalia for the sale, distribution or transportation of alcoholic beverages with intent to use the same in the sale, distribution or transportation of alcoholic beverages in violation of the provisions of this article or said Alcoholic Beverage Control Act.[1]
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
No person shall aid or abet another in the sale, distribution or transportation of alcoholic beverages in violation of the provisions of this article or said Alcoholic Beverage Control Act.[1]
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
No person shall possess, have custody of, offer for sale or sell any illicit beverage in violation of this article or said Alcoholic Beverage Control Act.[1]
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
A. 
Except as otherwise provided by Title 33 of the Revised Statutes, any person who shall violate any the provisions of this chapter shall, upon conviction thereof, punishable by a fine of not less than $100 but not to exceed $1,250 or by imprisonment in the county jail, or any other place provided by the Township for the detention of prisons, for a term not to exceed 90 days, or by a period of community service note to exceed 90 days within the discretion of the court. Each day such violation shall be continued shall be deemed and taken to be a separate and distinctive offense. In the event that the provisions of Title 33 of the New Jersey Statutes Annotated permit a greater fine or penalty to be assessed, than the more severe sanction and penalty shall be available to the Magistrate.
[Amended 5-4-1989 by Ord. No. 1989-3; 1-27-1994 by Ord. No. 1994-1; 4-26-2018 by Ord. No. 2018-8]
B. 
Any license issued pursuant to this article may be suspended or revoked for violation of any of the provisions of said Alcoholic Beverage Control Act[1] or of any of the rules and regulations promulgated or to be promulgated by the Director of Alcoholic Beverage Control of the State of New Jersey in accordance with N.J.S.A. 33:1-31.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
C. 
Any person who shall knowingly aid or abet another in the violation of any provision of this article shall be punished in the same manner as the violation aided or abetted.
D. 
Any attempt to evade this article or any provision thereof, either directly or indirectly, by acquiescence of or collusion of or conveniences by any licensee, his agent, servants and employees shall be considered a violation of this article, punishable by a fine or imprisonment, or both, as provided in Subsection C and a cause for revocation of any license issued hereunder.
As used in this article, the following terms shall have the meanings indicated:
PERSON
Includes any natural person or association ofr natural persons, association, partnership, corporation, organization or the manager, agent, servant, officer or employee of any of them.