Editor's Note: Laws concerning alcoholic beverage control
are contained in N.J.S.A. Title 33. All ordinances must be in conformity
with these provisions and approved by the Director of the Division
of Alcoholic Beverage Control. State law prescribes the types of licenses
that may be issued, their number, permissible license fees and the
regulation of licensed premises, N.J.S.A. 33:1-40.
[1973 Code § 6-1]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Aberdeen in accordance with
the provisions of an act of 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.
[1973 Code § 6-2]
For the purpose of this chapter, words and phrases herein shall
have the same meaning 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.
[1973 Code § 5-3.1]
All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the act, rules and regulations referred to in Section 6-1, and all other applicable laws of the State of New Jersey or the United States.
[1973 Code § 6-3.2]
All licenses required by this chapter shall be issued by the
Mayor and Township Committee which shall also administer the provisions
of this chapter.
[1973 Code § 6-3.3]
No person shall sell or distribute alcoholic beverages within the Township without obtaining a license in accordance with the Act referred to in Section 6-1 and the provisions of this chapter, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
[1973 Code §§ 6-3.4 and Ord.
No. 12-1976; Ord. No. 17-1978; Ord. No. 6-1980; Ord. No. 6-1981; Ord. No.
29-1992; Ord. No. 20-1998 § 1; Ord. No. 51-2005 § 2; Ord. No. 10-2009 § II; Ord. No. 4-2014 § 2]
The classes and maximum number of licenses to be issued by the
Township are hereby fixed as follows and the annual fees of licenses
for the sale or distribution of alcoholic beverages in the Township
shall be as follows:
|
Class of License
|
Annual License Fees
|
Number of Licenses
|
|---|---|---|
|
Plenary Retail Consumption License.
|
$2,100.00
|
12
|
|
Plenary Retail Distribution Licenses.
|
$1,200.00
|
3
|
|
Club Licenses.
|
$86.40
|
|
Notes:
|
|
1. For State law authorizing the Township to restrict
number of licenses to sell alcoholic beverages at retail, see N.J.S.A.
33:1-40.
|
[1973 Code § 6-3.5]
Seasonal retail consumption licenses and retail distribution
licenses shall not be issued.
[1973 Code § 6-4.1]
No alcoholic beverages shall be sold, delivered or served to
or consumed in any licensed premises on any day between the hours
of 2:00 a.m. and 6:00 a.m., except Sundays and New Year's Day
each year as hereinafter provided.
[1973 Code § 6-4.2; Ord. No. 8-1978]
Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 2:00 a.m. and 7:00 a.m.
[1973 Code § 6-4.3]
Provisions of subsection 6-4.1 shall not apply on January 1. On that day no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 8:00 a.m., unless January 1 is a Sunday, in which case no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 12:00 noon.
[1973 Code § 6-4.4; New]
During the hours when sales of alcoholic beverages are prohibited,
the entire licensed premises shall be closed and no person shall be
admitted or permitted to remain thereon except the licensee or bona
fide employees of the licensee; provided, however, that such requirement
for the closing of the premises shall not apply to bona fide hotels
or restaurants as defined in N.J.S.A. 33:1-1(t) and to clubs eligible
for a club license under N.J.S.A. 33:1-12(5) and to other establishments
where the principal business is other than the sale of alcoholic beverages.
[1973 Code § 6-4.5]
No licensee shall sell, serve, deliver or allow, permit or suffer
the service or delivery of any alcoholic beverage, directly or indirectly,
to any person under the age of twenty-one (21) years, with exceptions
as provided by law, or to any person actually or apparently intoxicated,
or allow, permit or suffer the consumption of alcoholic beverages
by any such person upon the licensed premises.
Editor's Note: Subsection 6-4.6, Distance Required Between
Licensed Premises, was deleted in its entirety by Ordinance No. 4-2014.
[1973 Code § 6-5]
A hall or room in which there is no bar may be used for a polling
place despite the fact that such hall or room is technically a part
of a licensed premises provided that no alcoholic beverages are sold,
served or consumed upon any part of the licensed premises while the
polls are open and until after the votes shall have been counted and
tabulated, and the election officers shall have fully completed their
duties in respect to the election, and in any event, during any part
of the twenty-four (24) hours of the calendar day on which the election
is held.
[1973 Code § 6-7; Ord. No. 17-1981]
Any license issued under this chapter may be suspended or revoked
for violation of any of the provisions of this chapter or any provision
of any applicable statute or any of the rules or regulations of the
State Director of Alcoholic Beverage Control.
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 (5) 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 chapter.
[New]
No person under the legal age shall enter any premises licensed
for the retail sale of alcoholic beverages for the purpose of purchasing
any alcoholic beverages.
[New]
No persons under the legal age shall purchase, attempt to purchase,
or have another purchase for him any alcoholic beverage on any premises
licensed for the sale of alcoholic beverages.
[New]
No person shall purchase or attempt to purchase alcoholic beverages
for persons under the legal age. 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 persons under the
legal age.
[New]
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 the legal age or to permit a person under the legal age to remain on any premises in violation of subsection 6-7.1.
[N.J.S.A. 33:1-81]
Any person who shall violate any of the provisions of this section
shall be deemed and adjudged to be a disorderly person, and upon conviction
thereof and in accordance with N.J.S.A. 33:1-81, shall be punished
by a fine of not less than five hundred ($500.00) dollars. In addition,
the Court shall suspend the person's license to operate a motor
vehicle for six (6) months or prohibit the person from obtaining a
license to operate a motor vehicle in this State for six (6) months
beginning on the date he becomes eligible to obtain a license or on
the date of conviction, whichever is later. In addition to the general
penalty prescribed for an offense, the Court may require any person
under the legal age to purchase alcoholic beverages who violates this
act to participate in an alcohol education or treatment program authorized
by the Department of Health for a period not to exceed the maximum
period of confinement prescribed by law for the offense for which
the individual has been convicted.
