[1]
Editor's Note: This ordinance also provided for the renumbering
of former Arts. I and II as Arts. II and III, respectively.
The purpose of creating this article is for regulating the licensure
and sale of alcoholic beverages in the Township of Harrison, in the
County of Gloucester, State of New Jersey in accordance with the provisions
of the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq. (hereinafter
the "Act") and in accordance with the rules and regulations issued
or to be promulgated by the State Commissioner of the Alcoholic Beverage
Control applicable thereto.
All applications for licenses under this article and all licenses
issued herein and proceeding in connection therewith shall be subject
to said Act and said rules and regulations of said State Commissioner
of Alcoholic Beverage Control, and shall be subject to any other statutes
of New Jersey or of the United States, now existing or hereafter enacted
affecting the licensure or sale of alcoholic beverages.
The Township Committee of the Township of Harrison, being the
governing body of said municipality, shall constitute the authority
for the administration or issuance of licenses under this article
and shall forthwith report the issuance of all such licenses to said
State Commissioner of Alcoholic Beverage Control.
It shall be unlawful to sell or distribute alcoholic beverages
in the Township of Harrison, in the County of Gloucester, without
a license previously applied for and granted pursuant to the provisions
of said Act and this article.
[Amended 7-18-2016 by Ord. No. 18-2016]
A.
Plenary retail consumption licenses. The number of plenary retail
consumption licenses in the Township of Harrison shall be limited
to five such licenses.
B.
Plenary retail distribution licenses. The number of plenary retail
distribution licenses in the Township of Harrison shall be limited
to two such licenses.
C.
Club licenses.
The number of club licenses in the Township of Harrison shall be limited
to two such licenses. However, no club license shall be issued to
any person who does not meet the requirements of N.J.A.C. 13:2-8.1
et seq.
[Amended 8-1-2016 by Ord.
No. 22-2016]
A.
Plenary retail consumption licenses. The fee, including renewals,
for a plenary retail consumption license shall be $2,500 per annum,
payable in advance and with the application. For any term less than
a year, the license fee shall be prorated in accordance with the ratio
that the days remaining in the license period bear to 365 days. The
holder of any such license shall be entitled to sell for consumption
on the licensed premises any alcoholic beverages by the glass or other
open receptacles. Such license shall not permit the sale of alcoholic
beverages in or upon any premises in which other mercantile business
is carried on, except such sales as are permitted under the Alcoholic
Beverage Law[1] and rules and regulations of the Alcoholic Beverage Control
Commission.
[1]
Editor’s Note: See N.J.S.A. 33:1-1 et seq.
B.
Plenary retail distribution licenses. The fee, including renewals,
for a plenary retail distribution license shall be $2,500 per annum,
payable in advance and with the application. For any term less than
a year, the license fee shall be prorated in accordance with the ratio
that the days remaining in the license period bear to 365 days. The
holder of any such license shall be permitted to sell package goods
only for consumption off the licensed premises, except such sales
as are permitted under the Alcoholic Beverage Law and rules and regulations
of the Alcoholic Beverage Control Commission.
C.
Club licenses.
The fee, including renewals, for a club license shall be $188 per
annum, payable in advance and with the application. The holder of
any such license shall be entitled to sell alcoholic beverages in
open containers for immediate consumption on the licensed premises
to bona fide club members and their guests, up to nine in number,
and pursuant to the requirements of N.J.A.C. 13:2-8.1 et seq.
All applications for licenses shall be completed and submitted
as prescribed by the aforesaid Act and by the rules and regulations
of said State Commissioner and shall include declarations called for
by said provisions.
No license shall be issued to any person, firm, corporation or group or partnership not fully qualified under the provisions of said Act and said rules and regulations. No license shall be issued until the applicant or licensee obtains all required approvals for the licensed premises pursuant to Chapter 174, Site Plans, Major; Chapter 176, Site Plans, Minor; and/or Chapter 225, Zoning, as may be applicable.
All licenses shall be for a term of one year commencing on the
first day of July in each year, and all fees shall be paid in advance
upon presentation of the application; provided, however, that any
licensee who shall voluntarily surrender his license and who shall
not have committed any violation of this article or any rule or regulation
and who shall have paid all taxes, setoffs or counterclaims that may
have become due to the State of New Jersey or to the Township of Harrison
shall be entitled, after deduction of 50% of said fee, as a surrender
fee, to the prorated fee for the unexpired term.
A.
Any license issued under this article may be suspended or revoked
for violation of any of the provisions of this chapter or any of the
provisions of said Act or said statutes heretofore mentioned or any
of the rules and regulations prescribed by said State Commissioner
of Alcoholic Beverage Control.
B.
Proceedings for suspension or revocation shall be in accordance with
the provisions of said Act.
[Amended 8-1-2016 by Ord.
No. 22-2016]
A.
Retail consumption.
(1)
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 the licensed premises
between the hours of 2:00 a.m. and 11:00 a.m. on weekdays and Saturdays.
(2)
Notwithstanding the provisions of Subsection A(1) above, the sale, service and consumption of alcoholic beverages on the licensed premises shall be permitted on Sundays between the hours of 11:00 a.m. and 10:00 p.m.
(3)
The hours above referred to shall be Eastern standard time.
B.
Retail
distribution.
C.
Club license.
(1)
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 the licensed premises
between the hours of 2:00 a.m. and 11:00 a.m.
(2)
The hours above referred to shall be Eastern standard time.
[Amended 8-1-2016 by Ord.
No. 22-2016]
No license shall be issued for the sale or consumption of alcoholic
beverages on or off the licensed premises which is located within
200 feet of any public property, church or public school or private
schoolhouse, provided that this prohibition shall not apply to the
renewal of any license where no such public property, school or church
was located within said prohibited distance of said licensed premises
at the time of the issuance of said license or as otherwise excepted
by the provisions of said Act.
Any license issued pursuant to this article, as well as any
and all other licenses that may be required in the operation of the
licensee's business, shall at all times be conspicuously displayed
in the licensed premises, and the licenses shall at all times be subject
to inspection by members of the Police Department, the License Supervisor
and such other local, county, state or federal officials whose duties
may so require.
Any person who shall possess, sell, distribute or transport
any alcoholic beverage in violation of this Article, or who shall
import, own, possess, keep or store in said Township of Harrison alcoholic
beverages with intent to sell, distribute or transport alcoholic beverages
in violation of the provisions of this Chapter, shall be subject,
upon conviction, to any and/or all of the following:
