[1972 Code § 8-1]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Piscataway in accordance
with the provisions of an Act of Legislature of the State of New Jersey
entitled "An Act Concerning Alcoholic Beverages" (Chapter 436 of the
Laws of 1933), its supplements and amendments, and also comprising
N.J.S.A. 33:1-1 et seq. ("the Act"), and in accordance with the Rules
and Regulations of the State Director of Alcoholic Beverage Control.
[1972 Code § 8-2]
For the purpose of this chapter, the words and phrases herein
shall have the same meaning as N.J.S.A. 33:1-1 et seq., and the Rules
and Regulations of the Director of the Division of Alcoholic Beverage
Control.
[1972 Code § 8-3.1]
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 of the United States.
[1972 Code § 8-3.2]
All licenses required by this chapter shall be issued by the
Governing Body, which shall also administer the provisions of this
chapter.
[1972 Code § 8-3.3]
[1972 Code § 8-3.4; Ord. No. 04-28; New; Ord. No. 06-47; Ord. No. 13-28]
The annual license fees of licenses for the sale and distribution
of alcoholic beverages in the Township shall be as follows:
|
Class of License
|
Annual License Fee
|
Number of Licenses
|
|---|---|---|
|
Plenary retail consumption license
|
$2,500
|
18
|
|
Plenary retail distribution license
|
$2,500
|
4
|
|
Club license
|
$188
(N.J.S.A. 33:1-12)
|
3
|
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.
[1972 Code § 8-4.1]
No alcoholic beverages shall be sold, served, consumed or delivered
to any consumer in or from any licensed premises on any day between
the hours of 2:00 a.m. and 6:00 a.m., except Sunday and New Year's
Day each year as hereinafter provided.
[1972 Code § 8-4.2; Ord. No. 08-34 § 8-4.2]
Provisions of subsection 6-4.1 shall not apply on Sunday. On that day, no alcoholic beverages may be served, consumed in or delivered to a licensed premises between the hours of 2:00 a.m. and 12:00 p.m.; and no alcoholic beverages may be sold for off-premises consumption between the hours of 2:00 a.m. and 9:00 a.m.
[1972 Code § 8-4.3]
Provisions of subsection 6-4.1 shall not apply on January 1 when that day falls on a weekday. On that day no alcoholic beverages may be sold, served, consumed or delivered in the licensed premises between the hours of 5:00 a.m. and 6:00 a.m. When New Year's Day falls on a Sunday, no alcoholic beverages may be sold, served, consumed or delivered in the licensed premises between the hours of 5:00 a.m. and 1:00 p.m.
[1972 Code § 8-4; New]
During the hours when sale of alcoholic beverages are prohibited,
the entire licensed premises shall also be closed and no person shall
be admitted or permitted to remain with the following exceptions.
a.
With respect to each hour above-mentioned as the time when sale,
service, delivery and consumption shall cease, there shall be an additional
15 minutes in which patrons shall depart the premises and in which
the licensee shall clean and close the same. Upon the expiration of
the additional 15 minutes, the entire licensed premises shall be vacated
by all except the licensee, his agents, servants or employees, and
closed and shall remain closed until the hour above-designated as
the time when sales, service or delivery may be resumed.
b.
This closing of premises requirement shall not apply to bona fide
hotels, to restaurants as defined in N.J.S.A. 33:1-1 (t), or to clubs
as set forth in N.J.S.A. 33:1-12(5) and State Regulation No. 7.
[1972 Code § 8-7.1]
No license 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.
[1972 Code § 8-5]
No person shall be served alcoholic beverages in any room which
is not open to the public. This section shall not apply to club licenses.
[1972 Code § 8-8]
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 and 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 the license shall be in addition
to any other penalty which may be imposed for a violation of the provision
of this chapter.
[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.
[1972 Code § 8-7]
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.
[1972 Code § 8-7]
No person 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.
[N.J.S.A. 33:1-81]
No person shall purchase or attempt to purchase alcoholic beverages
for a person 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 a person under the
legal age.
[1972 Code § 8-7]
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 6-6.2.
[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 $500. 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 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. 2015-28]
a.
All
licensees shall attend all mandatory liquor license training seminars
required by the Township. If the license is in the name of an entity
other than an individual person, a person or persons must be designated
to attend the seminar on behalf of the licensee. This designee must
have the authority to set, implement or change the licensee's
practices for selling and serving alcohol (Plenary retail consumption
license "32" & "33", Plenary retail distribution license "44",
Hotel/Motel license "36" and Club license "31"). This designee must
complete and pass the above referenced Township approved server education
class:
b.
All
persons licensed under Township Ordinance who are engaged in the selling
or serving of alcoholic beverages or the managing thereof, shall complete
a Township-approved server education class. All licensees shall require
all their employees who are engaged in the selling or serving of alcoholic
beverages or the managing thereof to complete and pass the above referenced
Township approved server education class:
c.
No
licensed premises in which alcoholic beverages are sold by the drink
on the licensed premises shall allow any server employed over 90 days
to sell, dispense or service any alcoholic beverage or malt beverage
or to manage any such licensed premises unless that server is the
holder of a current server certification.
d.
Each
such licensed premises shall maintain a file at the licensed premises
for each server for whom training is required. The file shall contain
the name, job description, date of employment and proof of certification
of each server regulated by this section. This information shall be
available at any reasonable time to any Alcoholic Beverage Control
Officer, any Police Officer or the Township Clerk.
e.
For
all special events, including all fairs, festivals and events of the
like the chairperson of same must provide a list of all servers to
the Township's Alcohol Beverage Control Officials no later than
15 days prior to the event. Additionally, there must be at least three
members of the event staff trained and certified that will be in attendance
at all times for the duration of the event. Any server working at
a special event for which a temporary alcoholic beverage license has
been approved shall not be required to comply with this section.
f.
Any
person who violates any provision of the mandatory education requirements
set forth, shall be guilty and shall, for the first offense, be fined
not less than $100 and not more than $200, and each subsequent violation,
shall be fined not less than $200 and not more than $500.
