[Editor's Note: This chapter received approval of the Division
of Alcoholic Beverage Control on December 27, 1995.]
[New]
This chapter is enacted to regulate
the sale and transportation of alcoholic beverages in the Township
of Cherry Hill 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.S.A. 33:1-1 et
seq., and in accordance with the rules and regulations of the State
Director of Alcoholic Beverage Control.
[New]
For the purpose of this chapter,
words and phrases herein shall have the same meanings 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.
[New]
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 7-1, and all other applicable laws of the State of New Jersey or the United States.
[New]
All licenses required by this chapter
shall be issued by the Township Council, which shall also administer
the provisions of this chapter.
All licenses shall be signed by the
Mayor and attested by the Township Clerk and issued under the common
seal of the Township and shall continue in force for the term set
forth therein unless sooner revoked by the issuing authority or the
Director of the Division of Alcoholic Beverage Control for violation
of any Federal or State statute or Township ordinance regulating the
sale of alcoholic beverages. On the granting of licenses, the Township
Clerk shall forthwith report the issuance of all licenses to the Director
of the Division of Alcoholic Beverage Control.
[New]
No person shall sell or distribute alcoholic beverages within the Township without obtaining a license in accordance with the act referred to in Section 7-1 and the provisions of this chapter.
[Ord. #82, AAA 1, 2, 8-9-54; Ord. #259, AA
1, 10-10-60; Ord. #64-23, AA 1, 6-22-64; Ord. #67-41, AA 1, Ord. #69-11,
AA 1, 4-28-69; Ord. #70-14, AA 1, 5-25-70; Ord. #72-31, AA 1, 5-22-72;
Ord. #73-25, AA 1, Ord. #73-42, AA 1, 9-10-73; Ord. #74-20, AA 1,
5-28-74; Ord. #77-6, AA 1, 2-28-77; Ord. #82-54, AA 1, 12-27-82; Ord.
#85-31, AA 1, 5-13-85; Ord. #88-34, AA 1, 6-27-88; Ord. #89-38, AA
1, 7-10-89; Ord. #90-49, 7-9-90; Ord. #91-37, AA 1, 6-24-91; Ord.
#92-33, AA 1, 7-13-92; Ord. #2003-16, AA 1, 8-11-03]
A.
License Fees; Number of Licenses. The annual
fees of licenses for the sale and distribution of alcoholic beverages
in the Township shall be as follows:
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.
The provisions of New Jersey's State
Limitation Law, as provided in Chapter 72 of the Laws of 1960 and
as the same may be hereafter amended, shall control the number of
and the issuance of plenary retail consumption licenses and plenary
retail distribution licenses.
|
Class of License
|
Annual License Fee
|
Number of Licenses
|
|---|---|---|
|
Plenary Retail Consumption License—Class
C
|
$2,500.00*
|
30
|
|
Plenary Retail Distribution License
|
$2,500.00*
|
9
|
|
Club License
|
$188.00*
|
15
|
|
*Editor's Note: The fee set by this Ord. #2003-16 shall apply
to all licenses issued or renewed on or after July 1, 2003. If an
applicant submitted the license fee for a new license or renewal or
transferal of a license prior to the adoption of this law, the applicant
shall immediately pay any outstanding part of the total increased
fee. A license can be revoked or suspended if the increased portion
of the fee is not paid by October 1, 2003.
|
[Ord. #63-11, AA 1, 10-14-63]
Nothing in subsection 7-3.4 shall prevent issuance of a new plenary retail consumption or plenary retail distribution license to a person who files an application within sixty (60) days following the expiration of the license renewal period, and who obtains from the State Director of Alcoholic Beverage Control a written determination (pursuant of N.J.S.A. 33:1-12.18) that the applicant's failure to apply for renewal of the preceding year's license was due to circumstances beyond his or her control.
[Ord. #82, AA 2, 8-9-54; Ord. #259, AA 1,
10-10-60; Ord. #64-23, AA 1, 6-22-64; Ord. #67-41, AA 1, - -; Ord.
#73-42, AA 1, 9-10-73; Ord. #77-6, AA 1, 2-28-77; Ord. #82-54, AA
1, 12-27-82]
Not more than thirty (30) plenary
retail consumption licenses shall be issued and outstanding at the
same time in the Township but this limitation shall not prevent issuance
of a new and additional such license to a person operating a hotel
or motel containing at least one hundred (100) sleeping rooms, provided,
however, that a license issued pursuant to this hotel or motel exception
shall not be transferred to a premises not operated as a hotel or
motel containing at least one hundred (100) sleeping rooms.
A.
Winery License Regulations. Pursuant to
N.J.S.A. 33:1-10, local wineries, provided that they are engaged in
growing and cultivating grapes or fruit used in the production of
wine on, or adjacent to, the winery premises, shall have the right
to sell or otherwise distribute their fermented wins to salesrooms
apart from the winery premises, for consumption on or off the premises,
and for sampling purposes for consumption on the premises.
B.
COUNTY SALESROOMS
SALESROOM
SAMPLING
Definitions.
Shall mean and be limited to salesrooms that are not restaurants
but are principally involved in the sale of food, produce and other
food products. County salesroom licenses shall be granted on a case
by case basis as determined by the municipality based on criteria
consistent with upholding the charge of this subsection.
Shall mean and be limited to restaurants, defined as establishments
regularly and principally used for the purpose of providing means
to the public, having an adequate kitchen and dining room equipped
for the preparing, cooking and serving of food for its customers and
in which no other business, except such as is incidental to such establishment,
is conducted. This definition is intended to specifically exclude
"fast food" restaurants, "convenience stores" and any establishment
where public consumption of alcoholic beverages is prohibited by law
(e.g., food courts). Salesroom licenses shall be granted on a case
by case basis as determined by the municipality based on criteria
consistent with upholding the charge of this subsection.
Shall mean the selling at a nominal charge or the gratuitous
offering of an open container not exceeding one and one-half (1 1/2)
ounces of any wine. Self-service is prohibited.
C.
Sale of Wine. Sale of wine and related
products shall be limited to establishments licensed to sell wine
and spirits by the Alcoholic Beverage Control Act (N.J.S.A. 33-1 et
seq.) and salesrooms and/or county salesrooms as defined by this subsection.
D.
Hours of Operation. Hours of operation shall be limited in accordance with Section 7-4 et. seq. of this chapter.
E.
Self-Service Prohibition and Sales Procedures.
(1)
All wine shall be stored in locked containers
or behind a counter maintained by the seller with an ABC qualified
salesperson distributing the product to consumers. This includes cold
or warm storage of any wine in their original containers.
(2)
Self-service sales shall be prohibited.
(3)
Salesrooms and county salesrooms as defined
by this subsection shall maintain separate accounting for wine and
wine products as opposed to other products or services sold on those
premises. Compliance requires using a separate cash register or cash
drawer for all wine and related products.
(4)
Additional procedures may be required on
a case by case basis.
F.
Compliance with ABC Rules. Notwithstanding
the provisions of this subsection, or any other law to the contrary,
holders of this license must remain in accordance with all laws set
forth in N.J.S.A. 33-1 et seq. (Alcoholic Beverage Control Act).
G.
Authority to Review. The Chief of Police
or his designee shall review compliance with this subsection.
H.
Penalties and Fines.
(1)
Any person violating any provision of this subsection or any rule or regulation issued pursuant to this subsection shall be punished by a fine of not less than one hundred ($100.00) dollars and not in excess of one thousand ($1,000.00) dollars, per offense. Additionally, a person shall be subject to the penalties and provisions of Chapter 1 of Title 33 of the N.J.S.A. which are applicable thereto by virtue of such violation.
(2)
Pursuant to N.J.S.A. 33:1-3(h), any person
or entity in violation of this subsection may have their license suspended
or revoked.
I.
Saving Clause. Any county salesroom license
issued to farmers' markets prior to the adoption of this subsection
shall continue in full force and effect.
[Ord. #82, AA 4, 8-9-54; Ord. #70-29, AA
1, 10-12-70; Ord. #77-7, AA 1, 2-28-77; Ord. #81-65, AA 1, 1-23-81;
New; amended 9-11-2018 by Ord. No. 2018-10]
No alcoholic beverages shall be sold,
delivered or served to or consumed in any licensed premises between
the hours of 3:00 a.m. and 7:00 a.m., except New Year's Day each year
as hereinafter provided.
[1]
Editor's Note: Former § 7-4.2, Sundays, as amended,
was repealed 9-11-2018 by Ord. No. 2018-10.
[Ord. #82, AA 4, 8-9-54; Ord. #70-29, AA
1, 10-12-70; Ord. #77-7, AA 1, 2-28-77; Ord. #81-65, AA 1, 1-23-81;
New]
Provisions of subsection 7-4.1 shall not apply on January 1. On that day alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises from the hours of 5:00 a.m. and 7:00 a.m. unless January 1 is a Sunday, in which case alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 1:00 p.m.
[New; amended 5-24-2021 by Ord. No. 2021-10]
During the hours in which 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 that this provision shall not be construed
to preclude grocery stores, restaurants, hotels, motels and clubs
holding licenses from remaining open during other hours for the purpose
of providing other goods, services and accommodations to customers,
guests, members and guests of members; provided, however, adequate
facilities and equipment exist for such goods, services and accommodations,
such goods, services and accommodations are regularly provided, and
any bars on the premises are securely closed.
[Ord. #82, AA 6, 8-9-54; Ord. #74-12, AA
1, 5-13-74; Ord. #82-54, AA 2, 12-27-82; New]
No licensee or employee of a licensee
shall sell, serve or deliver, directly or indirectly, any alcoholic
beverages to any intoxicated person or person under the legal age,
nor permit the consumption of alcoholic beverages on any licensed
premises by any of the above persons.
[Ord. #99-5, AA 1, 1-25-99]
Any establishment or person who holds
a valid alcoholic beverage license and sells, services, delivers or
otherwise distributes alcoholic beverages with the Township of Cherry
Hill, shall provide safe premises for their employees, patrons and/or
invitees. "Safe premises" includes but is not limited to safe buildings,
auxiliary structures, parking lots and ingress/egress from the above.
A.
No establishment or person holding an alcoholic
beverage license shall alter, obstruct, control, cause disturbance
to or otherwise disrupt the traffic patterns in the areas immediately
surrounding the premises.
B.
All establishments shall have adequate
security on the premises during all hours of operation.
C.
Every establishment or person holding a
plenary liquor license shall provide safe passage for pedestrians
entering or leaving their establishment. "Safe passage" is extended
to any roadway in the area surrounding the establishment which patrons
must cross enroute/departure, to/from said establishment.
D.
No establishment or person holding an alcoholic
beverage license shall create or maintain a condition which endangers
the safety or health of a considerable number of persons.
E.
No establishment or person holding an alcoholic
beverage license shall encourage, either by omission or commission,
the gathering of five (5) or more others in a course of disorderly
conduct.
[Ord. #2003-8, AA 1, 2-24-03; Ord. #2007-26,
12-27-07; Ord. #2013-14, 2-25-13; amended 5-24-2021 by Ord. No. 2021-10]
Site/placement restrictions for distributors
selling alcoholic beverages as an accessory use, in or upon the premises
in which other mercantile business is carried on.
A.
Display and storage of alcoholic beverages
accessible by customers must be confined to one single separate area
of the store, capable of being secured during such hours where the
sale of alcoholic beverages is prohibited, except as otherwise noted
herein.
B.
There must be cash registers specifically
designated for the purchase of alcoholic beverages. Other goods may
be purchased at those registers. Self-checkout of alcoholic beverages
is prohibited.
C.
A store selling alcoholic beverages as
an accessory use, in or upon premises in which other mercantile business
is carried on, must be a minimum of 15,000 square feet in size.
D.
Displays
and merchandising of alcoholic beverages (hereinafter “display
area”) are subject to the following provisions:
(1)
Display
areas that are predominately used for the storage, display, and/or
merchandising of alcoholic beverages shall not exceed a total of 30%
of the floor area of the mercantile business.
(2)
Display
areas that are interspersed among nonalcoholic beverage goods/products
and not otherwise predominately used for the storage, display, and/or
merchandising of alcoholic beverages shall not be subject to the 30%
floor area limitation and shall not be limited to one single separate
area of the store capable of being secured during such hours where
the sale of alcoholic beverages is prohibited.
(3)
All
display areas shall be submitted to the Township of Cherry Hill for
prior review and approval by the Township Clerk and the Department
of Community Development, to ensure displays are located in appropriate
areas of the store and not otherwise located in areas predominately
used for the storage, display, and/or merchandising of goods for children.
(4)
At
least annually at the time of the license renewal, or anytime thereafter
when a change in the location or size of the display area(s) is proposed,
the applicant must submit to the Township Clerk a floor plan of the
mercantile business noting the location and size of the proposed display
area(s), as well as the size of the floor area for the principal structure.
(5)
The
Township of Cherry Hill shall approve or deny the proposed display
area(s), at the time of the annual license renewal or within 30 days
of the submission.
[Ord. #82, AA 7, 8-9-54; Ord. #82-54, AA
3, 12-27-82; N.J.S.A. 33:1-81]
It shall be unlawful for a person
under the legal age for purchasing alcoholic beverages to enter any
premises licensed for the retail sale of alcoholic beverages for the
purpose of purchasing, or having served or delivered to him or her,
any alcoholic beverage.
[Ord. #82, AA 7, 8-9-54; Ord. #82-54, AA
3, 12-27-82; N.J.S.A. 33:1-81]
It shall be unlawful for a person
under the legal age for purchasing alcoholic beverages to consume
any alcoholic beverage on premises licensed for the retail sale of
alcoholic beverages, or to purchase, attempt to purchase or have another
purchase for him any alcoholic beverage.
[Ord. #82, AA 7, 8-9-54; Ord. #82-54, AA
3, 12-27-82; N.J.S.A. 33:1-81]
It shall be unlawful for any person
to enter any premises licensed for the retail sale of alcoholic beverages
for the purpose of purchasing, or to purchase alcoholic beverages,
for another person who does not because of his age have the right
to purchase and consume alcoholic beverages.
[Ord. #82, AA 8, 8-9-54; 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 shall be punished by a
fine of not less than one hundred ($100.00) 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.
[Ord. #82, AA 7, 8-9-54; Ord. #82-54, AA
3, 12-27-82]
It shall be unlawful for a person
to misrepresent or misstate his or her age or the age of any other
person for the purpose of inducing any retail licensee or any employee
of a retail licensee to sell, serve or deliver any alcoholic beverage
to a person under the legal age for purchasing alcoholic beverages.
[Ord. #82, AA 7, 8-9-54; Ord. #82-54, AA
3, 12-27-82; Ord. #90-41, AA 1, 6-25-90]
A.
No licensee of the Township shall permit
or allow the use of the licensed premises as a Go-Go Lounge.
B.
For the purpose of this section a go-go
lounge shall mean an establishment permitting a scantily clad person
to perform in a suggestive, lascivious, wanton or salacious manner.
C.
For the purposes of this section a go-go
lounge does not include a nightclub or restaurant that provides the
following entertainment for a limited time engagement on an irregular
and intermittent basis:
(1)
A troupe of performers in which the women
do not perform topless or bottomless and/or the men do not perform
bottomless; and
(2)
Tickets are sold for the performances to
a person or persons over the legal age for purchasing or consuming
alcoholic beverages; and
(3)
There is no physical contact between the
performer(s) and members of the audience.
[Ord. #85-56, AAA 2, 3, 8-26-85]
A.
No premises hereafter erected, constructed,
enlarged or altered which are to become licensed premises for the
sale of alcoholic beverages shall contain any means of access to any
recreation center, sports arena, stadium, ball field, billiard or
pool parlor or public swimming pool, directly without recourse to
a public sidewalk, street or mall.
B.
Anything to the contrary herein contained
notwithstanding, every licensee holding a license issued by the Township
to sell alcoholic beverages or any transferee of such licensee to
continue business at the same location, shall be entitled to continue
operating his business under the license or a renewal thereof in the
manner in which the operation is being conducted on the effective
date of this section.
[Ord. #95-9 AA 1]
A.
TEEN NIGHT
Definitions.
Shall mean a scheduled dance or event held on the premises
of a licensed plenary retail alcoholic beverage establishment and
restricted to those patrons between the ages of fifteen (15) and twenty
(20).
B.
An establishment holding a "Teen Night"
may not serve, sell or otherwise deliver alcohol, in any form, on
any part of the premises, including decks and parking lots, nor shall
the establishment allow any alcohol to be served, sold or otherwise
delivered on the "Teen Night".
C.
All alcohol must be secured in a manner
which shall ensure that the same shall not be either visible or accessible
and the means of securing such alcohol shall be approved by the Cherry
Hill Police Department, who shall have the sole and exclusive authority
to either approve or disapprove the means of securing such alcohol.
D.
"Teen Nights" must be designated as same
and no patron over the age of twenty (20) shall be allowed to enter
the premises, nor shall any patron under the age of fifteen (15) be
allowed to enter the premises. The establishment holding a "Teen Night"
shall make provisions for assuring that the ages are confirmed. Picture
identification may be required.
E.
In order to schedule a "Teen Night" the
premises owner must apply for a Temporary Use Permit through the office
of the Township Clerk. A fee for the Temporary Use Permit shall be
charged by the Clerk which is consistent with the fee for other Temporary
Use Permits (see Township Ordinance 86-4 amending Section 3002 of
Ordinance 76-71).
F.
"Teen Nights" shall be scheduled at least
one (1) month in advance and shall not have hours extending beyond
12:00 a.m. (midnight).
G.
"Teen Nights" must be approved by Resolution
by the Township Council. The Resolution permitting minors to be in
the premises otherwise licensed for the consumption of alcoholic beverages
shall contain such terms and conditions that are deemed appropriate
by the Township Council.
H.
The security personnel necessary for "Teen
Nights" shall be established by the Cherry Hill Police Department
on an individual establishment/premises basis and shall be included
as part of the Temporary Use Application.
[Ord. #82, AA 8, 8-9-54; New]
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 licensee
shall be in addition to any other penalty which may be imposed for
a violation of this chapter.
