[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Ch. 162, Alcoholic
Beverages, adopted 11-27-1973 by Ord. No. 1378 as Ch. 42 of the 1973
Code, as amended.
A.
The number of licenses to sell alcoholic beverages in Toms River
Township, Ocean County, New Jersey, shall be limited as follows:
(1)
Not more than 31 plenary retail consumption licenses based on 2020
census figures shall be issued.
[Amended 6-22-2022 by Ord. No. 4750-22]
(2)
Not more than 12 plenary retail distribution licenses that could
be issued based on the 2020 census figures.
[Amended 6-22-2022 by Ord. No. 4750-22]
(3)
The number of club licenses shall not be more than 16.
(4)
Notwithstanding the foregoing provisions, no establishment that is
issued a new plenary retail distribution license (a "D" license),
based on an increase in population, on or after July 1, 2014, or any
existing license transferred on or after July 1, 2014, shall be located
within a two-thousand-five-hundred-foot radius of another establishment
so licensed. This restriction is inapplicable to establishments located
on opposite sides of State Highways 37 and 70.
[Added 6-24-2014 by Ord. No. 4450-14]
B.
Nothing in this particular section, however, shall prohibit the granting
of any new plenary retail consumption license to an individual, firm
or corporation operating a hotel or motel containing 100 guest sleeping
rooms or who may hereafter construct or establish a new hotel or motel
containing at least 100 guest sleeping rooms; provided, however, that:
(1)
No license hereafter granted or issued for or upon any hotel or motel
premises shall subsequently be transferred from the site for which
it was originally issued.
(2)
Each such license for a hotel or motel shall be solely for the service
of alcoholic beverages for consumption on licensed premises only.
C.
Establishments operating under a valid plenary consumption license
issued pursuant to this chapter may obtain a one-day permit for special
events involving the outdoor consumption of alcoholic beverages on
their premises.
[Added 6-25-2013 by Ord. No. 4405-13]
(1)
Permit
applications must be submitted to the Township Clerk no later than
30 days before the date of the scheduled event.
(2)
Applications
must be submitted on a form promulgated by the Township Clerk and
must state the following information:
(a)
The date and location of the special event.
(b)
The number of attendees expected or anticipated.
(c)
The nature and purpose of the event.
(d)
The hours of the event.
(e)
The sponsor of the event.
(f)
Any other information requested by Township officials to assess the
impact of the event on the community.
(3)
The
application must be reviewed by the Township Clerk, the Chief of Police,
or his or her designee, and any other Township department or official
whose jurisdiction is affected by the proposed event. If, based on
this review, Township officials determine that the proposed event
shall negatively impact the health, safety, and welfare of the community,
the permit must either be denied, or, where feasible, issued with
specific conditions designed to mitigate or avoid the detrimental
effects.
(4)
The
applicant's prior conduct as a purveyor of alcoholic beverages may
be considered in evaluating an application for a one-day special event
permit and may be a basis for denial.
(5)
The
permit requires approval by both the Chief of Police and the Township
Clerk and payment of a fee of $150.
(6)
One-day
special event permits are limited to a single location, designated
in the permit, and may not be transferred, expanded, or extended to
a different location. Changes in location require application for
and issuance of a new permit.
A.
No licensee shall sell, serve, deliver or allow, permit or suffer
the sale, service or delivery of any alcoholic beverage or allow the
consumption of any alcoholic beverage on licensed premises on any
day between the hours of 2:00 a.m. and 7:00 a.m., excepting January
1 of each year, as hereinafter provided.
B.
No licensee shall sell, serve, deliver or allow, permit or suffer
the sale, service or delivery of any alcoholic beverage on licensed
premises on January 1, when it is a Sunday, between the hours of 5:00
a.m. and 7:00 a.m.; sales of alcoholic beverages being permissible
on January 1 when it is a weekday, at any time.
C.
The hours above referred to shall be Eastern standard time except
from 2:00 a.m. on the last Sunday in April until 2:00 a.m. on the
last Sunday in September, each year, when they shall be Eastern daylight
saving time, which is one hour in advance of Eastern standard time.
D.
No licensee shall sell or deliver or allow, permit or suffer the
sale or delivery of any alcoholic beverage, at retail, in its original
container for consumption off the licensed premises or allow, permit
or suffer the removal of any alcoholic beverage in its original or
opened container from any retail licensed premises before 9:00 a.m.
or after 10:00 p.m. on any day of the week, including Saturday and
Sunday; provided, however, that any holder of a retail consumption
or retail distribution license, as provided in this article, may sell
malt alcoholic beverages and wine in original bottles or can containers
for consumption off the premises on the same days and during the same
hours that the sale of alcoholic beverages for consumption on the
premises is authorized in this article.
Each and every license for the sale of any alcoholic beverage
shall be issued subject to statutory provisions, the rules and regulations
of the Director of the Division of Alcoholic Beverage Control, State
Department of Law and Public Safety, and also subject to any and all
rules and regulations to be adopted by the governing body of this
municipality.
The annual license fee for each Class C alcoholic beverage license
shall be as follows:
Upon conviction, after hearing, of any violation of any provision
of this article or of any statute, rule or regulation aforesaid, any
license issued or created by this municipality may be suspended or
revoked in accordance with rules and regulations heretofore or hereafter
promulgated by the Director of the Division of Alcoholic Beverage
Control, State Department of Law and Public Safety.
[Adopted 9-22-2009 by Ord. No. 4226-09]
No person under the age of 21 years ("underage person") shall,
without legal authority, knowingly possess or knowingly consume an
alcoholic beverage on private property. A person shall not be considered
to knowingly possess an alcoholic beverage merely because he or she
is present where alcoholic beverages are being consumed.
A person under the age of 21 years shall not be prohibited from:
A.
Possessing or consuming an alcoholic beverage in connection with
a religious observance, ceremony, or rite or possessing or consuming
an alcoholic beverage in the presence of and with the permission of
a parent, guardian, or relative who has attained the legal age to
purchase or consume alcoholic beverages; or
B.
Possessing an alcoholic beverage while engaged in the performance
of employment by a person who is licensed under Title 33 of the Revised
Statutes of New Jersey or while actively engaged in the preparation
of food while enrolled in a culinary arts or hotel management program
at a county vocational school or postsecondary educational institution.
A person who affirmatively requests assistance from authorities
(such as via a 911 call) or from an off-site adult (such as a parent,
guardian, or neighboring resident) for the purpose of seeking aid
for a person who is suffering from the effects of alcohol or otherwise
is in need of medical assistance shall not be charged with underage
possession or consumption of alcohol on private property, as long
as assistance is provided as a result of such request. In an instance
where such an affirmative request for assistance is made, and the
person to whom assistance is provided is under the age of 21, that
person also shall be not charged with underage possession or consumption
of alcohol on private property.
A person who is a resident of a dwelling on private property
who affirmatively requests assistance from authorities (such as via
a 911 call) or from an off-site adult (such as a parent, guardian,
or neighboring resident) for the purpose of controlling or removing
nonresidents who are on that property shall not be charged with underage
possession or consumption of alcohol on private property, as long
as assistance is provided as a result of such request.
As used in this article, the following terms shall have the
meanings indicated:
A person who has qualified as a guardian of the underage
person pursuant to testamentary or court appointment.
The underage person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
A violation of this article by an underage person shall be punished
by a fine of $250 for a first offense, and $350 for any subsequent
offense. In addition, the court may, in its discretion, require the
performance of community-related service.
A.
The court may, in addition to the penalty authorized for a violation
of this article, suspend or postpone for six months the driving privileges
of a convicted underage person. Upon the conviction of any underage
person and the suspension or postponement of that person's driver's
license, the court shall forward a report to the Division of Motor
Vehicles (Division) stating the first and last day of the suspension
or postponement period imposed by the court. If a person at the time
of the imposition of a sentence is less than 17 years of age, the
period of license postponement, including a suspension or postponement
of the privilege of operating a motorized bicycle, shall commence
on the day the sentence is imposed and shall run for a period of six
months after the person attains the age of 17 years.
B.
If an underage person at the time of the imposition of a sentence
has a valid driver's license issued by the state, the court may immediately
collect the license and forward it to the Division along with the
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 period imposed by the court.
C.
The court shall inform the underage 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. A 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 a written notice shall not be a defense
to a subsequent charge of a violation of N.J.S.A. 39:3-40.
D.
If a convicted underage person is not a New Jersey resident, the
court shall suspend or postpone, as appropriate, the nonresident driving
privilege of the person based on the age of the person and submit
to the Division the required report. The court shall not collect the
license of a convicted underage nonresident. Upon receipt of a report
by the court, the Division shall notify the appropriate officials
in the licensing jurisdiction of the convicted underage person of
the suspension or postponement.
