[HISTORY: Adopted by the Township Committee of the Township of Delaware by Ord. No. 1979-10 (Ch. VI of the 1985 Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 260.
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Delaware 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 chapter, words and phrases herein shall have the same meanings as in N.J.S.A.. 33:1 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 chapter shall be in accordance with the act, rules and regulations referred to in § 118-1, and all other applicable laws of the State of New Jersey or the United States.
All licenses required by this chapter shall be issued by the Township Committee, which shall also administer the provisions of this chapter.
No person shall sell or distribute alcoholic beverages within the Township without having obtained a license in accordance with the act referred to in § 118-1 and the provisions of this chapter.
[Last amended 6-27-2016 by Ord. No. 2016-08]
A. 
The annual license fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the Township of Delaware shall be as follows:
Class of License
Annual License Fee
Number of Licenses
Plenary retail consumption license
$2,500
2
Retail distribution license
$2,500
0
Club license
$50
0
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.
No licenses shall sell, serve or deliver or allow, or permit the sale, service or delivery of any alcoholic beverage or permit the consumption of any alcoholic beverage on a licensed premises on weekdays between 2:00 a.m. and 7:00 a.m. of the following weekday morning.
[Amended 6-8-1998 by Ord. No. 1998-17]
No licensee shall sell, serve, deliver, or allow, or permit the sale, service and delivery or consumption of any alcoholic beverage on a Sunday between the hours of 2:00 a.m. and 10:00 a.m. Sunday.
No licensee shall sell, serve, deliver or allow, or permit the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage upon the licensed premises on New Year's Day of each year when it is a weekday between the hours of 2:00 a.m. and 7:00 a.m. and when it is a Sunday between the hours of 2:00 a.m. and 12:30 p.m.
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 person under the legal age, or permit the consumption of alcoholic beverages on any licensed premises by any of the above-named classes or persons, or permit any such persons to congregate in or about the licensed premises.[1]
[1]
Editor's Note: Original Section 6-4.5, Closed premises, which immediately followed this section, was repealed 6-8-1998 by Ord. No. 1998-17.
[Amended 6-8-1998 by Ord. No. 1998-17[1]]
No licensee shall employ any person under the age of 18 in a licensed premises except pursuant to the Regulations of the New Jersey Division of Alcoholic Beverage Control.
[1]
Editor's Note: This ordinance also provided for the repeal of original Sections 6-5.2, Purchase of Alcoholic Beverage by a Person Under the Legal Age; 6-5.3, Purchase of Alcoholic Beverage for a Person Under the Legal Age; 6-5.4, Misstating Age; and 6-5.5, Presumption.
A. 
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter 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 a service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for a 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 chapter.
[Added 9-14-1998 by Ord. No. 1998-20]
A. 
No person under the age of 21 years shall purchase, sell, consume or possess any alcoholic beverage on any public or private street, highway, park, footway or other public or quasi-public place or in a private residence in the Township of Delaware, unless such consumption or possession is in connection with a religious observance, ceremony or rite or in the presence of and with the permission of a parent or guardian who has attained the legal age to purchase and consume alcoholic beverages. No person under the age of 21 years shall consume or have in his or her possession any alcoholic beverages while in a motor vehicle in any public place or quasi-public place in the Township of Delaware.
B. 
Violations and penalties.
[Added 8-13-2012 by Ord. No. 2012-13]
(1) 
Any person found guilty of violating the terms of this section shall be subject to a fine of $250 for a first offense and $350 for any subsequent offense. Upon a finding of guilt, the court may also suspend or postpone for up to six months the person's driving privileges in addition to the authorized fine. Upon the conviction of any person and suspension or postponement of the person's driver's license, the court shall forward a report to the New Jersey Motor Vehicle Commission ("Commission") stating the first and last day of the suspension or postponement imposed by the court pursuant to this section. If a person at the time of the imposition of the sentence is less than 17 years of age, the period of ineligibility to obtain a license from the New Jersey Motor Vehicle Commission shall commence on the date the person turns 17 and shall run for a period of six months from that date. If a person at the time of the imposition of the sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Commission along with a report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color and sex of the person as well as the first and last date of the license suspension imposed by the court.
(2) 
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. The person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of the written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
(3) 
If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege for the person based on the age of the person and submit to the Committee the required report. The court shall not collect the license of the nonresident convicted under this section.
A. 
Findings. Pursuant to N.J.S.A. 39:4-50.22, commonly known as "John's Law," a law enforcement agency that has arrested a person for a violation of N.J.S.A. 39:4-50, Driving While Intoxicated, may impound an arrestee's vehicle and release the arrestee into the care of an individual summoned to transport or accompany the arrestee from the premises of the law enforcement agency in order to ensure that the arrestee does not again operate a motor vehicle while under the influence. When an arrestee is unable to summon an individual to transport or accompany the arrestee from the premises of the law enforcement agency, the arrestee may present a danger to himself or others if provisions are not made to hold the arrestee in protective custody. Pursuant to N.J.S.A. 40:48-1(34) and 40:48-1.3, a municipality is authorized to enact an ordinance providing that a person who has been arrested for driving while intoxicated in violation of N.J.S.A. 39:4-50 may be held in protective custody at an appropriate police or other facility for up to eight hours. The Hunterdon County Jail is an appropriate facility in which to maintain an arrestee until the arrestee is no longer a danger to himself or others. The Mayor and Township Committee find and declare that the implementation of this chapter furthers the protection of the public health, safety and welfare.
B. 
Protective custody required; release. Any person arrested for a violation of the provisions of N.J.S.A. 39:4-50 shall be held in protective custody at an appropriate police or other facility, including but not limited to the Hunterdon County Jail, where the person's condition may be monitored until the person is no longer a danger to himself or others, at which time the person shall be released from protective custody. A person is no longer considered a danger to himself or others when the person's blood alcohol concentration is less than 0.05% and the person is no longer under the influence of any intoxicating liquor or narcotic or hallucinogenic or habit-forming drug to the extent that the person's facilities are impaired. In no event shall a person be held in protective custody for a period of longer than eight hours without being provided an appropriate hearing.
C. 
Exceptions; liability. Notwithstanding the provisions of this chapter, provided that it is not a detriment to public safety, the Police Department may, because of the age, health, or safety of the arrestee, release the arrestee pursuant to the provisions of N.J.S.A. 39:4-50.22, or provide an alternative to protective custody. The Township shall not be subject to liability if a person is released from protective custody pursuant to the provisions of this chapter.
D. 
Use of state police facilities. Nothing in this chapter shall be construed as requiring the use of New Jersey State Police facilities by the Township for the purposes of this chapter.
E. 
Incorporation of statute. The provisions of N.J.S.A. 39:4-50.22, as may be amended from time to time, are hereby incorporated into, and are deemed to be a part hereof.