[New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township, 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.
[New]
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.
[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
6-1, 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 Committee which shall also administer the provisions of this
chapter.
[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
6-1 and the provisions of this chapter.
[Ord. 4/10/39 §§ 1, 2; Ord. 4/21/41 §§ 1,
2; Ord. 3/31/52 §§ 1—4; Ord. 5/23/60 § 1;
Ord. #2003-09; amended 4-19-2023 by Ord. No. 2023-07]
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 Fee
|
Number
|
---|
Plenary Retail
|
|
|
Consumption License
|
$432.00
|
4
|
Plenary Retail
|
|
|
Distribution License
|
$345.60
|
1
|
The license fees shall cover the period of July 1st of each
year to June 30th of the year following and shall be for a full year
and any portion of that year; there shall be no prorating of such
licensing.
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 license fees shall be payable in
accordance with the revised statutes of New Jersey and rules and regulations
promulgated by the Commissioner of Alcoholic Beverage Control.
[Ord. #2013-10]
a. No licensee shall sell, serve or deliver or allow, permit or suffer
the sale, service or delivery of any alcoholic beverage/distilled
spirits on licensed premises on weekdays between the hours of 2:00
a.m. and 7:00 a.m. or on Sundays between the hours of 2:00 a.m. and
12:00 noon.
b. During the hours that sales of alcoholic beverages are hereinabove
prohibited, all licensed premises shall be closed.
c. Waiver of Hours of Sale. Pursuant to a resolution duly enacted, the
Township Mayor and Committee may permit the sale of alcoholic beverages
during times and under conditions not otherwise permitted in paragraph
a of this section. A waiver of the hours of sale may be granted in
the sole discretion of the Township Mayor and Committee for special
reasons and for good cause shown, such as but not limited to the fact
that in certain years traditional holidays occur on days or dates
during which the sale of alcoholic beverages is by this section limited
or prohibited. Any resolution authorizing a change in the hours of
sale or in the closing of licensed premises shall be duly adopted
by a majority vote of the Township Mayor and Committee. Any such resolution
shall be duly advertised at least ten (10) days prior to the date
fixed for its adoption so as to afford notice to interested parties
who may wish to be heard.
[New; Ord. #2013-10]
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, or permit the consumption of
alcoholic beverages on any licensed premises by any of the above-named
persons.
[New]
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 legal age.
[New]
It shall be unlawful for a person under the legal age 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.
[New]
It shall be unlawful for a person under the legal age 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 or her any alcoholic beverage.
[New]
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 to sell, serve or deliver any alcoholic beverage
to a person under the legal age.
[New]
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, P.L. 1985, c. 113,
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.
[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 license shall be in addition to
any other penalty which may be imposed for a violation of this chapter.