Township of Manchester, NJ Article I Licensing and Regulation

[Adopted by Ord. No. 84-240 (Secs. 6-1 to 6-5 of the 1996 Revised General Ordinances)]

§ 95-1 Purpose.

[Amended 6-26-1997 by Ord. No. 97-010]

This article is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Manchester in accordance with the provisions of an Act of Legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages" (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 Director of the Division of Alcoholic Beverage Control.

§ 95-2 Definitions.

For the purpose of this article, the words and phrases herein shall have the same meaning as 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.

§ 95-3 Licenses.

A. Laws applicable. All applications for license, all licenses issued, and all proceedings under this article shall be in accordance with the Act, rules and regulations referred to in § 95-1, and all other applicable laws of the State of New Jersey or of the United States.

[Amended 6-26-1997 by Ord. No. 97-010]

B. Issuing authority. All licenses required by this article shall be issued by the Township Council, 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 § 95-1 and the provisions of this article, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.

[Amended 6-26-1997 by Ord. No. 97-010]

D. Classes of licenses; fees. The classes and the annual fees of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:

[Amended 6-26-1997 by Ord. No. 97-010; 11-22-2004 by Ord. No. 04-035; 6-14-2010 by Ord. No. 10-012]

Class of License	Annual License Fees
Plenary retail consumption licenses	$2,500
Plenary retail distribution licenses	$2,500
Club licenses	$150

E. State background check. All applications for licenses, all licenses issued and all proceedings under this article shall include the necessary fee for the performance of the required state background check. The fee shall be pursuant to and in accordance with the fees adopted by the State of New Jersey.

[Added 4-26-2004 by Ord. No. 04-013]

F. Licensee must maintain proof of compliance with N.J.A.C. 13:2-14.5 which shall be available for inspection by Township officials.

[Added 2-11-2019 by Ord. No. 19-002]

§ 95-4 Regulations of licenses.

A. Hours of sale. No alcoholic beverages shall be sold, delivered or served to or consumed in any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m.

[Amended 6-14-2010 by Ord. No. 10-012[1]]

[1] Editor’s Note: This ordinance also repealed former Secs. 6-4.2 and 6-4.3, which set forth different hours for sale on Sundays and New Year’s Day, which previously followed this subsection.

B. Prevailing time. The hours referred to shall be Eastern standard time or Eastern daylight saving time, whichever time shall be in effect.

[Amended 6-14-2010 by Ord. No. 10-012]

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 intoxicated person or person under the legal age, or permit the consumption of alcoholic beverages on any licensed premises by any of the above-named persons.

[Amended 6-26-1997 by Ord. No. 97-010]

D. Closing of premises during prohibited hours of sale; exceptions. 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 thereon except the licensee or bona fide employees of the licensee; provided, however, that such requirement for the closing of the premises shall not apply to bona fide hotels or restaurants as defined in N.J.S.A. 33:1-1(t) and to clubs eligible for a club license under N.J.S.A. 33:1-12(5) and to other establishments where the principal business is other than the sale of alcoholic beverages.[2]

[Amended 6-26-1997 by Ord. No. 97-010]

[2] Editor's Note: Original Sec. 6-4.7, Distance between licensed premises, which previously followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

E. Application for licenses. Applications for licenses required by this article shall be made upon forms to be obtained from the Township Clerk, promulgated or approved by the Director of the Division of Alcoholic Beverage Control.

[Amended 6-26-1997 by Ord. No. 97-010]

F. Issuance of new additional or reissue of voided retail licenses.

(1) Whenever the Township is authorized to issue one or more new, additional, or reissue voided plenary retail consumption or retail distribution licenses, and the Township Council, by resolution, determines to permit the issuance thereof, it shall cause to be published a notice of the proposed issuance of the license or licenses and that the applications therefor will be accepted by the Township Council. The notice shall specify the time and date after which no further applications will be accepted. The notice shall be published in a newspaper circulating generally in the municipality by not less then two insertions, one week apart, the second of which shall be made not less than 30 days prior to the time and date specified in the notice as the time and date after which no further applications will be accepted.

(2) Provisions of this article shall not be construed to require the issuance of any licenses with respect to which a notice has been published, and the Township Council may reject any and all applications, which in its discretion, does not meet the criteria as set forth in the applicable state statutes, regulations or this article.

(3) Whenever the Township Council is authorized to issue one or more plenary retail licenses and it determines to permit the issuance thereof, the Township Council, by resolution, may authorize that such license or licenses be issued to the highest qualified bidder therefor, and shall conduct a public sale for such purpose. The Township Council, by resolution, may prescribe qualifications for prospective bidders including the requirement that a licensee, as a condition of the award of the license, shall operate restaurants, public accommodations and other public facilities in connection therewith; it may, by resolution, fix a minimum bid and conditions of sale with a reservation of the right to reject all bids, where the highest bid is not accepted. In the event that the Township Council determines to conduct a sale pursuant to this subsection, the proceedings set forth in N.J.S.A. 33:1-19.4 and 19.5 and regulations of N.J.A.C. shall govern the procedures of sale.

(4) Applications for all plenary retail consumption and distribution licenses shall be accompanied by:

(a) Proof of financial responsibility as determined by the Township Council;

(b) Proof of ownership or interest in the premises and or location where the license is to be issued;

(c) If the application is for a building not yet constructed, plans of this proposed building shall accompany the application to show the appearance and design of the proposed building, the type or types of exterior building material and overall room dimensions, if the application is for an existing building, a similar set of plans shall be submitted.

(5) Filing and advertising of the notice of application for municipal plenary retail consumption or distribution license shall be in accordance with the applicable sections of N.J.A.C. 13:2-2.1 et seq., or any amendments or changes thereto which section is hereby adopted by reference and shall remain in force and effect as a requirement of this article.

(6) Club licenses may be issued at the discretion of the Township Council in accordance with N.J.S.A. 33:1-1 et seq. and N.J.A.C. 13:2-8.1 et seq.

G. Licensee to post copy of this article. Every licensee shall keep a copy of this article posted in a conspicuous place in the rear of the bar on the licensed premises at all times.

[Amended 6-26-1997 by Ord. No. 97-010]

§ 95-5 Revocation of license.

[Amended 6-26-1997 by Ord. No. 97-010]

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; and any prior violation shall be cause for rejection of any application.