Township of Pequannock, NJ
Morris County
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Table of Contents
Table of Contents
No person shall sell, serve or distribute alcoholic beverages within the Township without first obtaining a license under this chapter.
[Amended 2-24-2004 by Ord. No. 2004-05; 7-22-1997 by Ord. No. 1997-13]
The annual fees for licenses issued pursuant to this chapter shall be as follows:
Type
2004
2005
2006
2007
2008
2009
Retail consumption
$1,120
$1,344
$1,612
$1,934
$2,320
$2,500
Retail distribution
$1,200
$1,344
$1,612
$1,934
$2,320
$2,500
Club license
$100
$100
$100
$100
$100
$100
No limited retail distribution license and no seasonal retail consumption license shall be granted within the Township.
A. 
Not more than five plenary retail consumption licenses, not more than three plenary retail distribution licenses and not more than three club licenses shall be issued and outstanding at the same time in the Township. No more than two plenary retail distribution licenses shall be issued for premises on the road known as the "Turnpike." This limitation shall not prevent the renewal of plenary retail consumption licenses presently outstanding or the transfer or the renewal of such licenses so transferred.
B. 
Nothing in this section shall be construed to prohibit the granting of a new plenary retail consumption license to a person operating a hotel or motel containing at least 50 sleeping rooms, provided that there shall be no renewal or transfer of a license newly issued hereunder except for or to a hotel or motel containing at least 50 sleeping rooms.
No plenary retail distribution license shall be issued to permit the sale of alcoholic beverages in or upon any premises in which any other mercantile business is carried on, except that it shall be lawful for a licensee to sell cocktail cherries, onions, olives, hors d'oeuvres, packaged snacks, nuts and similar food items normally associated with the retail liquor business.
A. 
No plenary retail consumption licenses shall be issued for or transferred to premises:
1. 
Located within 1,500 feet of premises for which a plenary retail distribution license or a plenary retail consumption license shall be outstanding. The distance shall be measured in the normal way that a pedestrian would properly walk from the nearest entrance of the licensed premises to the nearest entrance of the premises sought to be licensed.
2. 
With less than 1,500 square feet of service area.
3. 
With a bar of less than sufficient size to service 12 persons or equipped with less than 12 stools or seats.
4. 
With less than the minimum sanitary facilities required by state and local Board of Health regulations concerning restaurants.
B. 
This section shall not prevent the renewal or person-to-person transfer for premises licensed under a plenary retail consumption license as of January 12, 1964.
The issuance of club licenses shall be governed by the following provisions:
A. 
For the purpose of this section, the following words and terms shall be deemed to have the meanings herein given to them:
CLUB
An organization, corporation or association consisting of 60 or more persons operating solely for benevolent, charitable, fraternal, social, religious, athletic or similar purposes, and not for private gain.
CLUB MEMBER
Any person in good standing who has been admitted to membership in the manner regularly prescribed by the bylaws of a club and who maintains his membership in a bona fide manner and whose name and address is entered on the list of members.
B. 
Club licenses shall be issued only to bona fide clubs.
C. 
Except as provided in Subsection E of this section, no license shall be issued to any club unless it shall have been in active operation in the state for at least three years continuously immediately prior to the submission of its application for a license.
D. 
Except as provided herein or in Subsection E of this section, no license shall be issued to any club unless it shall have been in exclusive possession and use of a clubhouse or club quarters for at least three years continuously immediately prior to the submission of its application for a license. A bona fide club which has been in active operation in this state for the period of time required as aforesaid, but which has been deprived of continuous possession and use of its clubhouse or club quarters by reason of foreclosure, dispossess or other removal for a cause other than violation of the laws of the state or of a provision of this chapter or any other Township ordinance, shall not be prevented thereby from obtaining a club license upon presenting to the satisfaction of the issuing authority proof of such facts and proof that possession of suitable premises has been obtained.
E. 
Any constituent unit, chartered or otherwise duly enfranchised chapter or member club of a national or state order, organization or association, which is in possession of suitable premises, shall not be prevented from obtaining a club license by reason of the fact that the unit, chapter or member club has not been in active operation in this state for at least three years continuously or has not been exclusive continuous possession and use of a clubhouse or club quarters for the same period of time if such unit, chapter or member club obtains from the Director of the Division of Alcoholic Beverage control of the state and presents to the issuing authority, at the time of or before the issuance of the license, a certificate stating that satisfactory proof has been submitted to the director that such unit, chapter or member club has been duly credentialed by a national or state order, organization or association which has been in active operation in this state for at least three years continuously immediately prior to submission of the application for a license.
F. 
Nothing in Subsection C or D of this section shall prevent the issuance of a club license to a bona fide club if special cause for such issuance is shown in writing to the director and if the Director's written approval of such issuance is first obtained.
G. 
No club license shall be issued to any corporation, association or organization unless all officers and members of the governing body thereof qualify as individual applicants in all respects except as to residence or age or citizenship.
H. 
A list containing the names and address of all members of the club as of date of filing a club license application shall be submitted with the application. The charter or articles of association of the club shall also be presented for inspection or certified copy of the same submitted with the application.
I. 
No club license shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage to any person not a bona fide member of the club or a bona fide guest of such member.
J. 
No club licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage except for consumption on the licensed premises.
K. 
No club licensee shall sell, serve or deliver or allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage on the licensed premises during hours or on days when plenary retail consumption licensees in this Township are prohibited from such activity by the provisions of this Code or other Township ordinance.
L. 
No club licensee shall sell, serve or deliver any alcoholic beverage to the holder of any permit authorizing sale of alcoholic beverages at a social affair to be conducted by the permittee, or to any person attending such social affair on the club licensed premises unless such person is in fact a bona fide member of the licensee-club or a bona fide guest of such member.
M. 
All club licensees shall have and keep a true book or books of account wherein there shall be entered all money received and the source of such receipts and wherein there shall also be entered all money expended from such receipts and the name of the person receiving such expenditures and the purpose for which such expenditures were made. All books and records pertaining to such receipts or expenditures shall be made available for inspection by the Director of the Division of Alcoholic Beverage Control or other issuing authority, as the case may be, or by his or its deputies, inspectors, investigators and agents.
No licensee under this chapter shall sell, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or permit the consumption of any alcoholic beverage on any licensed premises on New Year's Day, when it is a Sunday, between the hours of 5:00 a.m. and 12:00 noon, there being no restriction as to hours on New Year's Day when it is a weekday; on other weekdays, between the hours of 2:00 a.m. and 6:00 a.m.; on other Sundays between the hours of 2:00 a.m. and 9:00 a.m.
[Added 4-24-2001 by Ord. No. 2001-03]
It is hereby unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.
[Added 4-24-2001 by Ord. No. 2001-03]
A. 
Any person found guilty of violating the terms of this ordinance shall be subject to a fine of $250 for the first offense and a fine of $350 for any subsequent offense. In addition, the court may, upon a finding of guilty, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privileges 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 of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. 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. If the defendant at the time of the imposition of the sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Division of Motor Vehicles along with the report. 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.
B. 
The court shall inform the person orally and in writing that if the 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. The defendant 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 the written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
C. 
If the person convicted under this ordinance 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 to the Division the required report. The court shall not collect the license of a nonresident convicted under this article. Upon receipt of a report by the court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
[Added 4-24-2001 by Ord. No. 2001-03]
A. 
This ordinance shall not prohibit an underage person from consuming or possession an alcoholic beverage in connection with a religious observance, ceremony, or rite or 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 consume alcoholic beverages.
B. 
This ordinance shall not prohibit the possession of alcoholic beverages by any underage person while actually engaged in the performance of employment by a person who has licensed under Title 33 of the revised statutes, 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; however, this ordinance shall not be construed to preclude the imposition of a penalty under this section, 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.
[Added 4-24-2001 by Ord. No. 2001-03]
As used in this section, the following terms shall have the meanings indicated.
GUARDIAN
A person who has qualified as a guardian of the underage person pursuant to a testamentary or court appointment.
RELATIVE
The underage person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.