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.
See also Chapter III, Section 3-13 for the prohibition of consuming alcoholic beverages in public places and Section 3-14, prohibiting underage drinking on private property.
[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.