[Derived from Secs. 6-1 to 6-5 of the 2002 Revised General
Ordinances, adopted 12-16-2002 by Ord. No. 02-27]
This article is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Clark 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 State Director of Alcoholic Beverage Control.
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.
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 § 76-7, and all other applicable laws of the State of New Jersey or of the United States.
B.
Issuing authority. The Township Council shall constitute the authority
for the administration of issuance of licenses under this article
and shall forthwith report the issuance of all such licenses to the
State Director of Alcoholic Beverage Control.
C.
License required. No person shall sell, distribute or transport alcoholic beverages within the Township without having obtained a license in accordance with the Act referred to in § 76-7 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.
D.
License fees; maximum number. The annual license fees for licenses
for the sale and distribution of alcoholic beverages in the Township
shall be as follows:
|
Class of License
|
Annual License Fees
|
Number
| |
|---|---|---|---|
|
Plenary retail consumption
|
$2,500
|
10
| |
|
Plenary retail distribution
|
$1,728
|
2
| |
|
Club
|
$188
|
6
|
A.
Hours of sale.
(1)
Monday through Sunday. 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. except New Year's Day each
year as hereinafter provided.
B.
New Year's Day. Provisions of Subsection A shall not apply on January 1. On that day, no plenary retail consumption or club licensee shall sell, serve or deliver or allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage on New Year's Day between the hours of 5:00 a.m. and 9:00 a.m.
C.
Plenary retail distribution licenses. Plenary retail distribution
licensees may only sell or deliver alcoholic beverages between the
hours of 9:00 a.m. and 10:00 p.m., Monday through Saturday, and 10:00
a.m. to 5:00 p.m. on Sundays.
D.
Closing provisions. During the hours when the sale, service, delivery
or consumption of alcoholic beverages is prohibited, the licensed
premises shall be closed to the general public and the only person
permitted to remain on the premises shall be the licensee and bona
fide employees of the licensee. This provision shall not apply to
bona fide hotels, motels, bowling alleys or restaurants in the operation
of their primary business, excluding the sale, delivery or consumption
of alcoholic beverages.
E.
Sales to certain persons prohibited. No licensee or employee of a
licensee shall sell, serve or deliver, directly or indirectly, any
alcoholic beverages to any intoxicated person or to any person under
the legal age to purchase alcoholic beverages, 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.
F.
Prohibited acts of licensee. No licensee shall:
(1)
Allow, permit or suffer in or upon the licensed premises any disturbances,
brawls or unnecessary noises, nor allow, permit or suffer the licensed
premises to be conducted in such a manner as to become a nuisance.
(2)
Allow, permit or suffer any lottery to be conducted or any ticket
or participation right in any lottery to be sold or offered for sale
in or upon the licensed premises, except as permitted by state law.
(3)
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
thing.
G.
Service in private areas forbidden; exceptions. No person shall be
served in any room which is not open to the use of the public generally;
provided, however, that nothing in this section shall be deemed to
prohibit the service of alcoholic beverages to hotel guests in their
rooms or service in private dining rooms of bona fide hotels, motels
and restaurants. This section shall not be applicable to club licensees.
H.
Premises open to view. All premises in which alcoholic beverages
are sold or dispensed, excepting guest rooms in hotels and motels
and private dining rooms in hotels, motels and restaurants, 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 thereof may be had at all hours from
the public thoroughfare or from the adjacent rooms.
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.
