This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Roxbury 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.R.S. 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 R.S. 33:1-1 et seq., and the rules and
regulations of the Director of the Division of Alcoholic Beverage
Control.
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.
All licenses required by this chapter shall be issued by the
mayor and township committee, which shall also administer the provisions
of this chapter.
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.
The annual fees and the number of licenses for the sale or distribution
of alcoholic beverages in the township shall be as follows:
|
Class of License
|
Annual License
|
Number
|
|---|---|---|
|
Plenary Retail Consumption License
|
*
|
12
|
|
Plenary Retail Distribution License
|
*
|
6
|
|
Club License
|
*
|
3
|
|
*Editor's Note: See Chapter XXIV, subsection 24-4.1 for fees.
|
|
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.
|
Nothing herein contained shall be construed to prohibit the
issuance of a new plenary retail consumption license to a person operating
a hotel or motel consisting of 100 or more sleeping rooms; provided,
however, that there shall be no renewal or transfer of such a newly
issued license except for or to a hotel or motel containing at least
100 sleeping rooms.
a.
Wine or malt alcoholic beverages for consumption on or off premises
may be sold, delivered or served, by a licensee, Monday through Saturday
between the hours of 6:00 a.m. and 2:00 a.m. of the following day
and on Sundays between the hours of 9:00 a.m. and 2:00 a.m. of the
following day, except New Year's Day as hereinafter provided.
b.
Distilled spirits for consumption on premises may be sold, delivered,
served or consumed, in any licensed premises, Monday through Saturday
between the hours of 6:00 a.m. and 2:00 a.m. of the following day
and on Sundays between the hours of 9:00 a.m. and 2:00 a.m. of the
following day, except New Year's Day as hereinafter provided.
c.
Distilled spirits as package goods for off premises consumption may
be sold or delivered, by a licensee, between the hours of 9: 00 a.m.
and 10: 00 p.m. Monday through Saturday and from 9: 00 a.m. to 10:
00 p.m. on Sundays.
The provisions of paragraphs a and b of subsection 6-4.1 shall not apply on January 1. On that day no alcoholic beverages may be sold, served, delivered or consumed in the licensed premises between the hours of 5: 00 a.m. and 6: 00 a.m. When New Year's Day is a Sunday, no alcoholic beverages may be sold, served or delivered or consumed on the licensed premises between the hours of 5: 00 a.m. and 9: 00 a.m.
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.
During the hours sales of alcoholic beverages are hereinabove
prohibited, the entire licensed premises shall also be closed and
no person shall be admitted or permitted to remain therein except
the licensee or bona fide employees of the licensee.
No person shall be served in any back room or side room which
is not open to the use of the public except that in hotels, guests
may be served in their rooms or in private dining rooms.
No gambling, slot machines or gambling devices shall be permitted
in the building or on the premises where a license to sell alcoholic
beverages at retail is granted.
The gathering of criminals, persons of disreputable character
or the conducting of a disorderly house on the licensed premises shall
not be permitted.
Each licensed premise shall have posted in a conspicuous place
on the licensed premises, the license and a copy of this section.
No licensee shall sell or serve any alcoholic beverages to any
person under the age of twenty-one (21) years of age, except as provided
by law.
It shall be unlawful for a person under the age of twenty-one
(21) years, except as provided by law, to enter any premises licensed
for the sale of alcoholic beverages for the purpose of purchasing
or having served or delivered to him or her any alcoholic beverage.
No minors shall be allowed in any room in which any bar is located
unless accompanied by a parent or guardian.
It shall be unlawful for a person under the age of twenty-one
(21) years, except as provided by law, to possess, serve, sell or
consume any alcoholic beverages or to purchase, attempt to purchase,
or have another purchase for him, any alcoholic beverage on any premises
licensed for the sale of alcoholic beverages.
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 twenty-one (21) years of age, except as provided by law, or to permit a person under twenty-one (21) years, except as provided by law, to remain on any premises in violation of subsection 6-5.2.
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.
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 R.S. 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 chapter.
