[Adopted 5-16-1978 as Ch. 6, Secs. 6-1 through 6-6, of the 1978 Revised General Ordinances]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Denville in accordance with the provisions of an act of the Legislature of the State of New Jersey entitled An Act Concerning Alcoholic Beverages, comprising 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 chapter, 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.
A. 
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 § 120-5, and all other applicable laws of the State of New Jersey or the United States.
B. 
Issuing authority. All licenses required by this article shall be issued by the Mayor and Township Council, which shall also administer the provisions of this article.
C. 
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 § 120-5 and the provisions of this article.
D. 
License fees; maximum number.
[Amended by Ord. No. 12-82; 6-23-2015 by Ord. No. 16-15]
(1) 
The annual license fees shall be as set forth in Chapter 245, Fees, Rates and Charges. The maximum number of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:
(a) 
Plenary retail consumption license: five.
(b) 
Plenary retail distribution license: two.
(2) 
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.
E. 
License term. All licenses shall run from July 1 to June 30 following, except those issued during the fiscal year which shall run from the effective date thereof to June 30 following. License fees shall be prorated on a per diem basis, from the effective date of the license to June 30 following.
F. 
Application requirements.
[Amended by Ord. No. 30-96]
(1) 
All applicants for any alcoholic beverage license issuable by the Township Council, before any such license shall be granted, must execute the Authorization by Subject of Request and Privacy Act Notification area of Form SBI-212A or SBI-212B (Request for Criminal History Record Information for a Noncriminal Justice Purpose) for a criminal history name search identification check pursuant to N.J.S.A. 53:1-20.5 et seq. In addition, the applicant must submit a cashier's check, certified check or money order drawn on a U.S. bank in an amount set forth in Chapter 245, Fees, Rates and Charges, payable to "Division of State Police - SBI" for the criminal history name search. The Chief of Police shall submit this latter fee with a Form SBI-212A or SBI-212B to the New Jersey State Bureau of Investigation. The criminal history name search shall be kept confidential. For the purposes of the search, the Township Police Department is hereby authorized to have access to the Criminal History Record Information file through the State Bureau of Investigation. If the applicant is a corporation, then this requirement shall apply to the officers in charge of the corporation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(2) 
As a result of such investigation, the Chief of Police shall note on the application his recommendation and his reasons therefor and return the application to the Township Clerk. Such recommendation shall be returned to the Township Clerk within 10 days of the Police Department's receipt of the duplicate application. Any recommendation by the Chief of Police that a license should not be issued to the applicant shall be based on one or more of the following findings with respect to the applicant:
(a) 
Conviction of a crime adverse to the alcoholic beverage licensed business pursuant to N.J.S.A. 2A:168A-1. In determining whether a conviction relates adversely to alcoholic beverage licensed business, the following factors shall be considered:
[1] 
Nature of the alcoholic beverage licensed business;
[2] 
Nature and seriousness of the crime;
[3] 
Circumstances under which the crime occurred;
[4] 
Date of the crime;
[5] 
Age of the person when the crime was committed;
[6] 
Whether the crime was an isolated or repeated incident;
[7] 
Social conditions which may have contributed to the crime;
[8] 
Any evidence of rehabilitation;
(b) 
Unethical business practices adverse to the alcoholic beverage licensed business;
(c) 
Conclusive evidence that the applicant has within four months of the application been addicted to the habitual use of drugs or intoxicating liquors pursuant to N.J.S.A. 2A:168A-4.
(3) 
In the absence of any such findings, the Chief of Police shall recommend that the license be granted.
A. 
Hours of sale.
[Amended by Ord. No. 14-81; Ord. No. 17-82]
(1) 
No licensee shall serve, deliver or allow, permit or suffer the sale or delivery of any alcoholic beverage for consumption on the premises on weekdays between the hours of 2:00 a.m. and 8:00 a.m. or on Sundays between the hours of 2:00 a.m. and 12:00 noon except for New Year's Day and for a farmer's market. When New Year's Day shall fall on a weekday, sale for consumption on the premises shall be prohibited between the hours of 5:00 a.m. and 8:00 a.m., and when the same shall fall on a Sunday, sale for consumption on the premises shall be prohibited between the hours of 5:00 a.m. and 12:00 noon. Samples for consumption on the premises of the farmer's market held on Sundays pursuant to § 600-161 shall be prohibited between the hours of 2:00 a.m. and 8:30 a.m. Notwithstanding the above, the Municipal Council may authorize the sale and consumption of alcoholic beverages at any times prohibited by this section in connection with a special event, series of events or observances.
[Amended 9-1-2015 by Ord. No. 17-15]
(2) 
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 retail licensed premises before 9:00 a.m. or after 10:00 p.m. on any weekday and before 9:00 a.m. or after 10:00 p.m. on Sundays, except that the sale of malt alcoholic beverage and wine in original bottle or can containers for consumption off the premises is permitted as in Subsection A(1) above.
(3) 
During the hours when the sale, service and delivery of alcoholic beverages is prohibited, a licensed premises operating under a plenary retail distribution license must remain closed and the licensee shall allow no person other than employees to remain upon the licensed premises.
B. 
Sales to certain persons. No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any habitual drunkard, intoxicated person or minor, nor permit the consumption of alcoholic beverages on any licensed premises by any of the above-named classes or persons, or permit any such persons to congregate in or about the licensed premises.
A. 
Presence. No minor shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by his parent or guardian.
B. 
Purchase of alcoholic beverages by a minor. No person shall purchase or attempt to purchase alcoholic beverages for a minor. It shall be unlawful for any person to induce or attempt to induce any licensee or any employee of a licensee to sell, serve or deliver alcoholic beverages to a minor.
C. 
Misstating age. No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage to a person under 21 years of age, except as provided by law, or to permit a person under 21 years, except as provided by law, to remain on any premises in violation of Subsection A.
D. 
Presumption. Any parent or guardian of a minor who accompanies such minor into a premises in which alcoholic beverages are served and who permits the minor to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of the minor.
E. 
Possession. No minor shall possess, serve, sell or consume any alcoholic beverages in any public place within the Township.
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 and 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. Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.