[Ord. No. 12-20-78 § 1]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Union 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.
[Ord. No. 12-20-78 § 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.
[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.
[Ord. No. 12-20-78 § 3]
All licenses required by this chapter shall be issued by the
Township Committee which shall also administer the provisions of this
chapter.
[Ord. No. 12-20-78 § 4]
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. No. 12-4-46; Ord. No. 6-26-52; Ord.
No. 12-7-60; Ord. No. 9-3-69 § 1, 2; Ord. No. 9-7-77 § 1; Ord. No. 12-20-78 § 5, 6; Ord. No. 2010-9]
The annual fees of licenses for the sale or distribution of
alcoholic beverages in the Township shall be as follows:
|
Class of License
|
Annual Fee
|
Current Number
|
|---|---|---|
|
Plenary Retail Consumption License
|
$2,400
|
6
|
|
Plenary Retail Distribution License
|
$2,400
|
1
|
|
Club License
|
$150
|
0
|
The provision 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. No. 12-20-78 § 7; Ord. No. 96-13]
No alcoholic beverages shall be sold, served, delivered or consumed
on any licensed premises between the hours of 2:00 a.m. and 10:00
a.m. on Sunday and between the hours of 2:00 a.m. and 6:00 a.m. on
other days, except as hereinafter provided.
[Ord. No. 12-20-78 § 7]
On December 31 licensed premises may remain open for the sale, serving, delivery and consumption of alcoholic beverages until the hour of 5:00 a.m. on January 1, the succeeding day. At no other time and upon no other occasion may licensed premises remain open during the closing hours specified in subsection 6-4.1
[Ord. No. 12-20-78 § 7; Ord. No. 82-12 § 2; Ord. No. 94-6]
The sale of distilled alcoholic beverages in original containers
by retail consumption or retail distribution licensees for consumption
off the licensed premises, shall be permitted between the hours of
9:00 a.m. and 10:00 p.m. on Sunday and between the hours of 9:00 a.m.
and 10:00 p.m. on any other day of the week. The sale of wine and
malt alcoholic beverages in original bottle or can containers for
consumption off the premises is authorized on the same days and during
the same hours as the sale of alcoholic beverages and consumption
on the premises is permitted and authorized in this municipality,
in accordance with N.J.S.A. 33:1-40.3 and N.J.A.C. 13:2-38.1.
[Ord. No. 12-20-78 § 8]
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 for purchasing alcoholic beverages,
or permit the consumption of alcoholic beverages on any licensed premises
by any of the above-named persons.
[Ord. No. 12-20-78 § 7]
During the hours that the 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.
[Ord. No. 12-20-78 § 8]
Sales of alcoholic beverages shall be permitted on Election
Day during the same hours the licensed premises would normally be
open.
[Ord. No. 12-20-78 § 8]
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 for purchasing alcoholic beverages.
[New]
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.
[New]
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 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 for purchasing alcoholic beverages.
[New]
It shall be unlawful for any person under the legal age for
purchasing alcoholic beverages to have in his or her possession any
alcoholic beverage unless that possession was authorized or consented
to by the parent or lawful guardian of the minor.
[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 $100. In addition, the
Court shall suspend the person's license to operate a motor vehicle
for six months or prohibit the person from obtaining a license to
operate a motor vehicle in this State for six months beginning on
the date he/she 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. No. 12-20-78 § 9;
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-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.
