[Adopted as Title 5, Ch. 5.04, of the 1998 Township Code]
[Amended by Ord. No. 6-97]
Any and all licenses for the sale, consumption or distribution
of alcoholic beverages within the Township, except those which may
be issued under and by virtue of the authority of the State of New
Jersey by way of the Office of the Commissioner of Alcoholic Beverages,
shall be limited to one plenary retail consumption license and one
plenary distribution license and such other license as granted by
the Township Committee pursuant to N.J.S.A. 33:1-12.20, providing
that nothing in this section shall prevent the issuance, in a municipality,
of a new license to a person who operates a hotel containing 100 sleeping
rooms or who may hereafter construct and establish a new hotel containing
at least 100 sleeping rooms.
Said license shall be issued by the Township Clerk upon the
direct resolution of the Township Committee authorizing such action
and following the requirements for such license as promulgated by
the office of the State Commissioner of Alcoholic Beverages Licenses,
or by the laws of the State of New Jersey, as to application and the
form and contents thereof.
[Amended 2-7-2012 by Ord.
No. 2012-1]
[Amended 7-13-2004 by Ord. No. 8-2004]
A.
Regulation of hours for consumption of alcoholic beverages. The consumption
of alcoholic beverages within any place of business or establishment
licensed under the provisions of this article shall be prohibited
at the times and during the hours hereinafter set forth:
|
Days
|
Hours
|
|---|---|
|
Weekdays
|
3:00 a.m. to 7:00 a.m.
|
|
Sundays
|
3:00 a.m. to 12:00 noon
|
B.
Regulation of hours for distribution of alcoholic beverages. The
distribution of alcoholic beverages within any place of business or
establishment licensed under the provisions of this article shall
be prohibited at the times and during the hours hereinafter set forth:
|
Days
|
Hours
|
|---|---|
|
Weekdays
|
3:00 a.m. to 7:00 a.m.
|
|
Sundays
|
3:00 a.m. to 10:00 a.m.
|
A.
Election day. The sale and consumption of alcoholic beverages in
any place of business licensed under the provisions of this article
shall be permitted during any primary, special or general election.
B.
Public emergency. The license and privilege to sell alcoholic beverages
of any business regulated under the provisions of this article may
be suspended in the case of public emergency by order of the municipal
governing body or any regularly designated police authority.
C.
Holidays.
(1)
Christmas Day, New Year's Day and Easter. Any licensee regulated
under the provisions of this article shall be closed on Christmas
Day, New Year's Day and Easter from 3:00 a.m. to 1:00 p.m.
(2)
When Christmas Eve or New Year's Eve falls on a Sunday, the
hours of prohibited sale shall be 3:00 a.m. to 10:00 a.m.
(3)
When Fourth of July falls on a Sunday, the hours of prohibited sale
shall be 3:00 a.m. to 10:00 a.m.
Nothing contained in this article shall be construed to prohibit any place of business regulated and licensed under the provisions of this article, conducted primarily as a restaurant, hotel, motel or other similar or like-natured business, from remaining opened to the public during the hours specified in §§ 130-4 through 130-5 above, except that the consumption and sale of alcoholic beverages shall be prohibited at those times.
Such license shall not be transferable, either as to the holder
or as to the place of business, except upon special resolution of
the municipal governing body.
Such license may be revoked by the governing body of said municipality
following a hearing held after five days' notice, in writing,
to licensee; said notice stating briefly the reason for such hearing
and is to be served personally upon the licensee or upon any member
of his or her family, or otherwise, in their absence, upon the person
in charge of the said licensed business, or may be served upon any
or all of the above by regular United States first-class registered
mail, or as otherwise provided by the act of the Legislature of the
State of New Jersey.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
It is unlawful for a minor to enter any premises licensed for the retail sale of alcoholic beverages in the Township for the purpose of purchasing alcoholic beverages or having alcoholic beverages served or delivered to him. It is unlawful for any minor to consume any alcoholic beverages on the premises licensed for the retail sale of alcoholic beverages or to purchase, attempt to purchase, or have another purchase for him any alcoholic beverage, and it is unlawful for any person to misrepresent or misstate his age or the age of the other person for the purpose of inducing any retail licensee or any employee of a retail licensee to sell, serve or deliver any alcoholic beverages to a minor. Any person who violates this section shall be subject to the penalties set forth in Chapter 1, Article II, General Penalty, of the Code of the Township of Edgewater Park. All holders of plenary retail consumption licenses issued by the Township shall cause at least one copy of this section to be exhibited in a conspicuous place in the licensed premises.
The said licensee shall maintain law and order upon the premises
licensed; shall provide on the premises separate sanitary toilet facilities
for both sexes; and shall be subordinate to all federal, state and
municipal laws, ordinances and rules or regulations now or hereafter
to be promulgated by any federal, state or municipal body or division
thereof.
This article may be supplemented or amended at any time by the
municipal governing body of the said Township or its successors in
the usual manner in which amendments to ordinances are made by virtue
of the laws of the State of New Jersey and without further notice
to the said licensee.
[Amended 2-7-2012 by Ord.
No. 2012-1]
A maximum of three club licenses may be issued by the Township Committee of the Township and shall carry an annual license fee as established in Chapter 240, Fees. The holder shall be entitled, subject to rules and regulations, to sell any alcoholic beverage but only for immediate consumption on the premises and only to bona fide club members and their bona fide guests, all as provided for in existing Alcoholic Commission rules and regulations. Club licenses may be issued only to such corporations, associations and organizations as are operated for benevolent, charitable, fraternal, social, religious, recreation or athletic, or similar purpose and not for private gain and which comply with all the conditions which may be imposed by the Commissioner of Alcoholic Beverages.
