[HISTORY: Adopted by the Township Council of the Township of Mine Hill as indicated in article histories. Amendments noted where applicable.]
Article I Licensing and Regulations
[Adopted by Ord. No. 250 (Ch. VI of the 1986 Revised General Ordinances)]
The purpose of this article is to fix license fees, provide for the investigation of all prospective licensees and regulate the sale and distribution of alcoholic beverages within the Township by the holders of duly issued licenses, all in accordance with N.J.S.A. 33:1-1 et seq. (Title 33, "Alcoholic Beverage Law"), as amended, and the regulations of the Division of Alcoholic Beverage Control (N.J.A.C. 13:2-1.1 et seq.).
For the purpose of this article, words and phrases herein shall have the same meanings 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.
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the Act, rules and regulations referred to in § 136-1 and all other applicable laws of the State of New Jersey or the United States.
[Amended 4-7-1988 by Ord. No. 399-88]
Issuing authority. All licenses required by this article shall be issued by the Council, which shall also administer the provisions of this article.
License required. No person shall sell or distribute alcoholic beverages within the Township without obtaining a license in accordance with the Act referred to in § 136-1 and the provisions of this article.
License fees and maximum number issued.
The annual fees for licenses and maximum number issued for the sale and distribution of alcoholic beverages in the Township shall be as set forth in Chapter 235, Fees.
[Amended 6-15-1989 by Ord. No. 424-89; 12-6-2012 by Ord. No. 31-12]
The provisions of this subsection with respect to the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued.
The provisions of New Jersey's State Limitation Law, as provided in Chapter 72 of the Laws of 1960 and as the same may be hereafter amended, shall control the number of and the issuance of plenary retail consumption licenses and plenary retail distribution licenses.
Editor's Note: See N.J.S.A. 33:1-12.14.
Term of license. All licenses shall be for a term of one year from July 1 to June 30 of the following calendar year.
Hours of sale on weekdays and Saturdays. 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 Sundays and New Year's Day each year as hereinafter provided.
Sundays. Provisions of Subsection A shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 2:00 a.m. and 11:00 a.m.
[Amended by Ord. No. 334-84]
New Year's Day. Provisions of Subsection A shall not apply on January 1. On that day, alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises from the hours of 5:00 a.m. and 7:00 a.m. unless January 1 is a Sunday, in which case alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 1:00 p.m.
Closing provision. During the hours that sales are prohibited by this section, the entire licensed premises shall be closed. This provision, however, shall not apply to establishments (such as restaurants or a retail store) where the principal business conducted is other than the sale of alcoholic beverages, nor prevent a licensee, or the agents or employees of licensee, from being upon the licensed premises for the care thereof. Such premises may remain open during the prohibited hours in order to carry on normal business activities, except the sale of alcoholic beverages. If the premises remain open, however, the bar and any other place upon the licensed premises from which the sale or service of alcoholic beverages for on-premises consumption is made shall be closed.
[Amended by Ord. No. 279-81]
[Amended by Ord. No. 279-81]
Off-premises consumption (package sales). No licensee (retail consumption or retail distribution licensees) shall sell or deliver or allow, permit or suffer the sale or delivery of any alcoholic beverage in its original container for consumption off the licensed premises (package sales) except during the following hours (prevailing local time):
[Amended 6-15-1989 by Ord. No. 424-89]
Exception: sale of malt alcoholic beverages and wine. Any holder of a plenary retail consumption license or a retail distribution license shall be permitted to sell malt alcoholic beverages and wine in their original containers for consumption off the licensed premises (package sales) during all hours, days and times when on-premises, open container consumption is permitted within the Township as defined above in Subsection A of this section.
[Amended 6-6-1991 by Ord. No. 459-91]
No plenary retail consumption premises or plenary retail distribution premises shall be located within 200 feet of any church, public school or private school not operated for profit. This limitation shall not apply to the renewal or a person-to-person transfer of any such license in existence as of the date of the adoption of this section. For the purpose of this restriction, the distance shall be measured from the nearest public entrance of the nearest licensed premises to the nearest public entrance of the school or church, using the normal route a pedestrian would walk from one premises to the other.
Filing. All applications shall be filed with the Township Clerk using the forms prescribed by the Division of Alcoholic Beverage Control. Applications shall be filed not less than 45 days prior to the date upon which the Council is requested to act. Applications for annual renewals of existing licenses shall be filed on or before May 15 of each year. Each such application shall be accompanied by the required Township and Division of Alcoholic Beverage Control fees which must be paid for the application in question.
Publication. A notice of application shall be published and proof of publication furnished to the Township Clerk as required by the regulations of the Division of Alcoholic Beverage Control.
Hearings and objections. Written objections to any application, including an application for annual renewal of an existing license, may be filed with the Township Clerk. Upon receipt of a written objection, the Council shall hold a public hearing within the time prescribed by regulations of the Division of Alcoholic Beverage Control and give all interested parties an opportunity to be heard. Such hearing shall be stenographically or electronically recorded. No hearing need be held regarding a renewal of a license or a place-to-place or person-to-person transfer unless written objections to the application are filed with the Township Clerk.
Investigation of applicants.
In general. All new applicants for a license to sell and distribute alcoholic beverages within the Township shall be referred by the Township Clerk to the Township Chief of Police for a complete and thorough investigation by the Division of Police (Department of Public Safety) of the background, character and criminal record of each applicant to determine if each such applicant is qualified and fit to hold and use the license for which an application has been filed. Each applicant shall furnish whatever information is required to permit a thorough investigation to be made and shall be fingerprinted by the Division of Police as a part of such investigation.
Partnership applicants. Each partner of a partnership applicant shall be investigated and be fingerprinted and supply whatever information is required to conduct such a complete and thorough investigation. No application of a partnership shall be approved unless each of the partners would qualify and be approved as an individual applicant.
As required by the regulations of the Division of Alcoholic Beverage Control, the application of a corporate applicant shall list the names and residences of all stockholders holding 10% or more of the stock of the applicant, as well as the names and residences of all officers and directors.
The Township Chief of Police and the Division of Police shall cause a thorough and complete investigation to be made of each such officer and director, as well as of each owner of more than 10% of the outstanding stock of the corporation applicant. All of such persons shall furnish whatever information is required and shall be fingerprinted as a part of this investigation.
If one or more of such officers, directors or owners of more than 10% of the stock fail to qualify as an individual applicant or would be rejected as an individual applicant, as in the best interests of the Township to do so, the application of the corporate applicant shall be denied.
Investigation of employees. If requested by the Township, the applicant shall furnish to the Township Clerk the names, residences and age of each person employed or proposed to be employed by the applicant in the operation of the licensed premises. Additional information with respect to each employee which may be required to permit the Chief of Police and the Division of Police to conduct a complete and thorough background check of each such employee shall also be furnished by the applicant to the Township, if requested. If deemed necessary by the Chief of Police to conduct such an investigation, each employee being investigated shall be fingerprinted.
Results of investigation. The Chief of Police shall report the results of the investigation to the Council, along with his recommendations as to whether or not the requested license should be issued to the applicant in question.
Whenever any change shall occur in the facts set forth in any application for a liquor license, the licensee shall file with the Township Clerk (and also with the Division of Alcoholic Beverage Control) a notice in writing of such change within 10 days after the occurrence thereof. This requirement shall include notification by a corporate licensee of any change in its officers or directors, as well as notification of the name and residence of any owner of stock in the corporate licensee (or applicant) who for the first time becomes the owner of more than 10% of the outstanding shares of stock of the licensee. The Chief of Police and the Division of Police shall forthwith conduct a complete and thorough investigation of each change, including a complete and thorough background check of each such new officer, director and stockholder, and submit a report of such findings and recommendations to the Council.
All premises which are the subject of an application (whether a renewal or an application for use of the premises for the first time) shall be inspected by the Health Officer of the Township, and such Officer shall report the results of investigations to the Council prior to final action upon the application. No license shall be issued or be renewed for any premises which are not safe and in a sanitary condition meeting all applicable health requirements.
If, at any time during the license year, the licensed premises are not maintained in a proper, safe and sanitary condition, such failure shall be grounds for revocation and/or suspension of the license, following notice and a hearing as required by law. The Health Officer and/or his designated representative shall have the right at any time during which the licensed premises are open to enter for the purpose of conducting an inspection.
Each licensed premises shall comply with all state and Township laws, ordinances and regulations relating to health and safety and shall have not less than 400 square feet of floor space open to the public.
Minors on licensed premises. No minor shall be allowed in any licensed premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by a parent or legal guardian.
Sales to minors prohibited. No licensee shall sell, deliver, or dispense any alcoholic beverage to any person or persons who are not of legal age for purposes of purchasing and consuming alcoholic beverages under the laws of the State of New Jersey.
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 known criminals, persons of disreputable character, mentally defective, habitual drunkard or intoxicated person 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.
Improper conduct prohibited. No licensee shall permit in or upon the licensed premises or any parking area or semipublic place which serves the licensed premises any disturbances, lewdness, criminal or illegal activities, brawls or permit unnecessary noise or permit the licensed premises to be conducted in such a manner as to become a nuisance. Public peace, decency and good order shall be maintained at all times on and about the licensed premises.
Loud noise prohibited. No loudspeaker, public address system, jukebox, amplifiers nor any other manual, mechanical or electrical means or device for amplifying sound shall at any time be used, or permitted to be used, upon the licensed premises so as to be heard out-of-doors. Any loud, unnecessary, annoying, offensive or raucous noise which disturbs the public peace emitted by or emanating from the licensed premises is hereby declared to be a nuisance and detrimental to the public health and welfare and is prohibited.
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article or any applicable provision of N.J.S.A. 33:1-1 et seq. (Alcoholic Beverage Law) or any of the regulations of the Division of Alcoholic Beverage Control (N.J.A.C. 13:2-1 et seq.).
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 a hearing.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.
Unless otherwise set forth in state law, any person who violates any provision of this article or who permits the violation of any provision of this article shall, upon conviction thereof, be subject to the penalty set forth in § 1-3, General penalty, of the Code of the Township of Mine Hill.