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.
[Amended 6-8-1998 by Ord. No. 1998-17]
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.
[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.