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Township of Verona, NJ
Essex County
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Table of Contents
Table of Contents
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[HISTORY: Adopted by the Township Council of the Township of Verona 8-20-1963 (Ch. 54 of the 1981 Code). Amendments noted where applicable.]
A. 
It shall be unlawful to sell or distribute alcoholic beverages in the Township otherwise than as provided in this chapter and an Act of the Legislature of the state entitled "An Act Concerning Alcoholic Beverages," P.L. 1933, c. 436, as amended and supplemented,[1] and the rules and regulations promulgated or to be promulgated by the State Commissioner of Alcoholic Beverage Control.[2]
[1]
Editor's Note: N.J.S.A. 33:1-1 et seq.
[2]
Editor's Note: N.J.S.A. 33:1-39.
B. 
Applications for licenses under this chapter and all licenses issued hereunder and all proceedings in connection therewith shall be subjected to the provisions of such state law and such rules and regulations.
Whenever original application or renewal application shall be made for any alcoholic beverage license issuable by the Township Council, including, but not by way of limitation, plenary retail consumption license, seasonal retail consumption license, plenary retail distribution license, limited retail distribution license, club license or any other form of license which may be provided for or issued by the Township Council, and before any such license shall be granted, the applicant, in addition to supplying all other information in the manner required by the state law and this chapter governing the subject, shall also:
A. 
Furnish and file with the Police Department of the Township a full and adequate set of fingerprints of the applicant within three days from the time of the presentation of the application. Such fingerprinting shall be done by the Police Department.
B. 
Furnish to the Chief of Police a photograph in triplicate of himself. Such photograph shall be of a size two inches by two inches and shall be satisfactory to the Chief of Police or other member in charge of the Police Department and shall have been taken within one year from the date when such photograph was submitted. The Police Department shall furnish the licensee with an identification card showing compliance with the provisions of this section which shall be on file on the premises of the licensee so that it can be submitted upon demand at any time during business hours. Such identification shall expire on June 30 of each year, at which time a new photograph shall be submitted as requested by the Police Committee of the Township.
C. 
If the applicant be a corporation, then the requirements of Subsections A and B of this section shall apply to the officers of the corporation and those stockholders holding at least 25% of the stock thereof.
D. 
Before the time set for consideration of the application, the Chief of Police or other person in charge of the Police Department shall report, in writing, to the Police Committee of the Township whether or not the requisite fingerprinting and photographing has been completed as herein provided and shall report any facts which may be pertinent to the granting or refusal of the application.
E. 
Every licensee shall make full and complete answers under oath, in writing, on forms furnished by the Police Committee of the Township to all questions printed thereon as to the location, housing and situation of any premises licensed.
F. 
Every licensee shall furnish to the Chief of Police of the Township a list of all employees, including, but not by way of limitation, agents, bartenders, cooks, chefs, porters, waiters, waitresses, entertainers, which employees shall submit to the taking by the Police Department of an impression of the thumb and fingerprints of both hands. At the time of taking such fingerprints, such employee shall furnish to the Police Department a photograph in triplicate of himself. Such photograph shall be of a size two inches by two inches, shall be satisfactory to the Police Committee and shall have been taken within one year from the date when the photograph was submitted, and the Police Committee shall then furnish the employee connected with or employed by such licensee an identification card showing compliance with the provisions of this section which shall be on file on the premises of the licensee so that it can be submitted upon demand at any time during business hours. Such identification shall expire on June 30 of each year, at which time new photographs shall be submitted if requested by the Police Committee. No licensee shall engage any employee connected with the business of such licensee unless such employee has conformed to the rules and regulations above set forth, and if any new employees are hired by the licensee, such new employees shall comply with such regulations before they shall be permitted to work in the licensed premises.
G. 
Every licensee and every agent or employee of a licensee shall make full and complete answers under oath, in writing, on forms furnished by the Police Committee, to all questions printed thereon as to identity, character, antecedents and general experience of any such licensee, agent or employee.
H. 
All applications shall be referred by the Township Council to the Police Committee which shall investigate the character and fitness of the applicant and the place for which a license is applied for, and such committee shall promptly report to the Township Council its findings and recommendations.
The Township Council shall constitute the authority for the administration of the issuance of licenses pursuant to this chapter.
[Amended 8-17-1981 by Ord. No. 6-81]
License fees for licenses authorized to be issued by this chapter shall be as provided for in Chapter A565, Fees, for the following:
A. 
Plenary retail consumption.
B. 
Plenary retail distribution.
C. 
Limited retail distribution.
A. 
No more than five plenary retail consumption licenses, six plenary retail distribution licenses and one limited retail distribution license shall be in effect in this Township at any one time, except as hereinafter provided.
[Amended 8-17-1981 by Ord. No. 6-81]
B. 
No new plenary retail consumption license shall be issued in the Township unless and until the total number of all such licenses existing in the Township is fewer than four plenary retail consumption licenses, and no new plenary retail distribution license shall be issued in the Township unless and until the total number of all such licenses existing in the Township is fewer than two plenary retail distribution licenses.
C. 
For the purposes of this section, any license for a new license term which is issued to replace a license which expired on the last day of the license term which immediately preceded the commencement of such new license term or which is issued to replace a license which will expire on the last day of the license term which immediately precedes the commencement of the new license term shall be deemed to be a renewal of the expired or expiring license; provided, that such license is of the same class and type as the expired or expiring license, covers the same licensed premises, is issued to the holder of the expired or expiring license and is issued pursuant to an application therefor which shall have been filed with the proper Township official prior to the commencement of the new license term or not later than 30 days after the commencement thereof. Licenses issued otherwise than as above herein provided shall be deemed to be new licenses.
D. 
Nothing in this section shall prevent the renewal of licenses existing on the effective date hereof or the transfer of such licenses or the renewal of licenses so transferred.
E. 
Nothing in this section shall prevent the issuance in the Township of a new license to a person who, having held a license of the same class in the municipality, surrendered his license or permitted it to expire because of his induction into or service in the Armed Forces of the United States; provided, however, that such ex-licensee shall have filed the application for a new license within one year from the completion of his active service in the armed forces.[1]
[1]
Editor's Note: Subsection 3.5(d) of the former 1963 Code, which immediately followed this subsection, and which concerned the gradual reduction of plenary retail distribution licenses, was repealed 8-17-1981 by Ord. No. 6-81.
Any license issued pursuant to this chapter may be suspended or revoked for violation of any of the provisions of this chapter or for violation of any of the provisions of N.J.S.A. 33:1-1 et seq. or of any of the rules and regulations promulgated by the State Commissioner of Alcoholic Beverage Control.
No license of any class shall be issued contrary to any Zoning Ordinance now existing or hereafter enacted in the Township.[1]
[1]
Editor's Note: See Ch. 150, Zoning.
[Amended 5-7-1968; 12-4-1989 by Ord. No. 17-89]
A. 
Subject to state regulation of retail package sales hours, no licensee shall directly or indirectly sell, serve, deliver or allow, permit or suffer the sale or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on licensed premises except during the following specified hours on the days indicated:
(1) 
On all weekdays (Monday through Saturday), from 7:00 a.m. until 2:00 a.m. on the following day.
(2) 
On all Sundays, from 12:00 noon until 12:00 midnight, except as provided under Subsections A(3) and (4) hereof.
[Amended 12-21-1998 by Ord. No. 19-98]
(3) 
On Christmas Eve (December 24), only if it is a Sunday, from 9:00 a.m. until 12:00 midnight.
(4) 
On New Year's Eve (December 31), if it is a weekday (Monday through Saturday), from 7:00 a.m. until 5:00 a.m. on the following day, and on New Year's Eve (December 31), if it is a Sunday, from 9:00 a.m. until 5:00 a.m. on the following day.
B. 
A licensee shall be authorized to sell wine and malt alcoholic beverages in original bottle or can containers for consumption off the licensed premises on the same days and during the same hours as is permitted for the sale of alcoholic beverages for consumption on the premises as set forth above.
C. 
During the hours that sales of alcoholic beverages are not permitted, the entire licensed premises shall also be closed. This requirement shall not apply to hotels and restaurants as defined in N.J.S.A. 33:1-1 or to other establishments where the principal business is other than the sale of alcoholic beverages. Where in other establishments the principal business is the sale of alcoholic beverages, this requirement also shall not apply, provided that all alcoholic beverages are concealed from public view and are not exposed for public sale.
No licensee shall sell, serve or deliver nor allow, suffer or permit the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any mentally defective person, habitual drunkard or intoxicated person nor permit such persons to congregate in or about the licensed premises.
No person shall be served in any room which is not open to the use of the public generally, except that in hotels, guests may be served in their rooms or in private dining rooms.
A. 
It shall be unlawful for any person under the age of 21 to have, possess, carry, distribute, transport or consume any alcoholic beverage on any public street, highway, avenue, road or alley in the Township.
[Amended 8-17-1981 by Ord. No. 6-81; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
No minor shall be allowed in any room on the licensed premises in which a bar is located unless accompanied by his parent or guardian or an adult person.
All premises in which alcoholic beverages are sold or dispensed, excepting guest rooms and private dining rooms in hotels, 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 adjacent rooms to which the public is freely admitted.
[Added 11-13-1978 by Ord. No. 14-78]
It shall be unlawful for a person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any retail licensee to sell, serve or deliver any alcoholic beverage to a minor.
[Added 11-13-1978 by Ord. No. 14-78]
It shall be unlawful for a person to purchase any alcoholic beverage for or to deliver any alcoholic beverage to a minor.
[Added 11-13-1978 by Ord. No. 14-78]
No holder of a license for the off-premise consumption of alcoholic beverage (this includes any of their agents, servants or employees) shall sell alcoholic beverages to a person whose majority is questionable unless such person, in writing, represents that he or she is of legal age to purchase or be served alcoholic beverages. The representation in writing shall be made at or prior to the time of sale. Such writing shall be signed by the person in the presence of the licensee and shall give such person's name, address, age, date of birth and, by signing the writing, a statement that he or she is making the representation as to his or her age to induce the licensee to make the sale. After the writing has been signed, the licensee shall require the person signing the representation to show proper identification as to his or her age, such as a birth certificate, valid driver's license, valid county identification card or other suitable evidence of age. The signed representation shall then be retained by the licensee. The procedure set forth above must be followed each time a person of questionable majority makes a purchase even though such person has made a previous purchase and has previously signed a statement representing his or her age. Each licensee shall post a sign in a prominent place setting forth the requirements of the writing as set forth above.
[Added 11-13-1978 by Ord. No. 14-78]
The writing requirement provided for in § 133-15 shall be on forms provided by the Township of Verona, which forms shall be substantially in accordance with the rules and regulations promulgated by the Director of the Division of Alcoholic Beverage Control.
[Added 11-13-1978 by Ord. No. 14-78]
At the close of each calendar month, each licensee shall submit to the Clerk of the Township of Verona all signed representations obtained from persons of questionable majority in that month. If any licensee shall obtain no signed representations in any calendar month, a certification in writing and attesting to such fact shall be submitted to the Township Clerk within five days of the end of the month.
[Added 11-13-1978 by Ord. No. 14-78]
Violations of this chapter shall be punished in accordance with Alcoholic Beverage Law, N.J.S.A. 33:1-1 et seq.
[Added 5-7-1984 by Ord. No. 9-84; amended 12-4-2000 by Ord. No. 8-2000]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
An alcoholic beverage as defined in the New Jersey Alcoholic Beverage Law, N.J.S.A. 33:1-1 et seq.
DIVISION
The New Jersey Division of Motor Vehicles.
GUARDIAN
A person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
PERSON UNDER THE LEGAL AGE
A person under the age of 21 years and includes the term "underaged person."
RELATIVE
The underaged person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.
B. 
Prohibition against possession or consumption on private property. It shall be unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property.
C. 
Exceptions.
(1) 
Nothing herein shall prohibit a person under the legal age from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or from consuming or possessing 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 and to consume alcoholic beverages.
(2) 
Nothing herein shall prohibit possession of alcoholic beverages by any person under the legal age while such person is actually engaged in the performance of employment by a person who is licensed under N.J.S.A. 33:1-1 et seq., 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 post-secondary educational institution, except that this section shall not be construed to preclude the imposition of a penalty under this section or pursuant to N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
D. 
Penalties.
(1) 
Upon the conviction of any person for a violation of this chapter, the court shall impose a fine of $250 for a first offense and $350 for any subsequent offense.
(2) 
In addition, the court may suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Division stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.
(a) 
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 reaches the age of 17 years.
(b) 
If a person, at the time of the imposition of a sentence, has a valid driver's license issued by the State of New Jersey, the court shall immediately collect the license and forward same to the Division along with the report required hereunder. 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 person orally and in writing that if such 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 person convicted under this section 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 the required report to the Division. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the court, the Division shall give required notice to appropriate officials in the licensing jurisdiction of the suspension or postponement.