[HISTORY: Adopted by the Township Committee
of the Township of Stillwater as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Ch. V of the 1971 Revised General
Ordinances]
This article is enacted to regulate the sale
and transportation of alcoholic beverages in the Township of Stillwater
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 State Director of Alcoholic Beverage
Control.
A.
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 § 100-1, and all other applicable laws of the State of New Jersey or the United States.
B.
Issuing authority. All licenses required by this article
shall be issued by the Township Committee, which shall also administer
the provisions of this article.
C.
License required. No person shall sell or distribute alcoholic beverages within the Township without having obtained a license in accordance with the act referred to in § 100-1 and the provisions of this article.
D.
License fees; maximum number.
(1)
The annual license fees and maximum number of licenses
for the sale or distribution of alcoholic beverages in the Township
shall be as follows:
|
Class of License
|
Annual License Fee
|
No. of Licenses
| |
|---|---|---|---|
|
Plenary retail consumption license
|
$300.00
|
9
| |
|
Plenary retail distribution license
|
$180.00
|
1
|
(2)
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.
E.
For the
purposes of this article and for the purposes of determining the requirements
for renewal of any Class C license pursuant to N.J.S.A. 33:1-12.39
and N.J.A.C. 13:2-43.1, a license shall be presumed to be actively
used if it has been used in connection with the operation of a licensed
premises for no less than one day per calendar year, proven by publication
of a legal notice in the newspaper of general circulation in the Township
of Stillwater.
[Added 12-16-2008 by Ord. No. 2008-11]
A.
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 parent or guardian.
B.
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.
C.
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.
D.
Misstating age. No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage to a person under 21 years or to permit a person under 21 years to remain on any premises in violation of Subsection A.
E.
Presumption. Any parent or guardian of a minor who
accompanies such minor into a premises in which alcoholic beverages
are served and who permits the minor to possess or consume alcoholic
beverages shall be presumed to have misrepresented the age of the
minor.
F.
Possession. No minor shall possess, serve, sell or
consume any alcoholic beverage in any public place within the Township.
A.
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 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.
A.
Hours of sale. No alcoholic beverages shall be sold,
delivered, served or consumed in any licensed premises on any day
between the hours of 2:00 a.m. and 7:00 a.m. except on New Year's
Day.
B.
New Year's day. Provisions of Subsection A shall not apply on January 1. On that day no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 7:00 a.m.
C.
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 of persons, or
permit any such persons to congregate in or about the licensed premises.
[Added 9-19-2006 by Ord. No. 2006-21]
No licensee shall employ, permit, or suffer any barmaid, bartender,
waiter, waitress, or any other person who may be seen by any of the
patrons of any licensed establishment to appear or work in the presence
of such patrons dressed in such a manner that their breasts or the
lower part of their torso is either exposed, uncovered, or so thinly
covered or draped so as to appear uncovered. Nor shall any licensee
permit any such person to perform in a suggestive, lascivious, wanton
or salacious manner. Nor shall any licensee permit lap dancing, wet
t-shirt contests or male dance reviews to be conducted on the premises.
