[Ord. No. 95-7]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Hardwick in accordance with the provisions of an act of the Legislature of the State of New Jersey, entitled "An Act Concerning Alcohol Beverages", comprising N.J.S.A. 33:1-1 et seq., it supplements and amendments, in accordance with the rules and regulations of the Director of the Division of Alcoholic Beverage Control, State of New Jersey.
[Ord. No. 95-7]
For the purposes 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, State of New Jersey.
[Ord. No. 95-7]
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 and/or the United States.
[Ord. No. 95-7]
All licenses required by this chapter shall be issued by the township committee, which shall also administer the provisions of this chapter.
[Ord. No. 95-7]
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. 95-7; Ord. No. 96/11; Ord. No. 98/5]
The annual fees of licenses for the sale or distribution of alcoholic beverages in the Township of Hardwick shall be as follows:
Class of License
Annual License Fee
Plenary Retail Consumption License
$622.00
The license fees shall cover the period from July 1st of each year to June 30th of the year following and shall be for a full year or any portion of that year, there shall be no prorating of such licensing fee.
[Ord. No. 95-7]
a. 
The annual fee for a plenary retail consumption license shall be as set forth above.
b. 
The holder of such license shall be entitled, subject to applicable rules and regulations, to sell any alcoholic beverages for consumption on the licensed premises only by the glass or other open receptacle. Such license shall not be issued to permit the sale of alcoholic beverages in or upon any premises in which a grocery, delicatessen, department store, cigar and tobacco store, drug store or any mercantile business is carried on; provided, however, that such application shall not apply to a hotel or restaurant (as defined by N.J.S.A. 33:1-1 et seq.) or a place where the sale of cigars and cigarettes at retail is made as an accommodation to patrons or to the retail sale of nonalcoholic beverages is an accessory beverage to alcoholic beverages.
[Ord. No. 95-7]
No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service delivery of any alcoholic beverage or permit the consumption of any alcoholic beverage on the licensed premises between 1:00 a.m. and 10:00 a.m., except Sundays and New Year's Day of each year as hereinafter provided.
[Ord. No. 95-7]
The provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, delivered, served, allowed, permitted or suffer the sale, service or delivery of any alcoholic beverage or permit the consumption of any alcoholic beverage in a licensed premises between the hours of 1:30 a.m. and 12 noon.
[Ord. No. 95-7]
The provisions of subsection 6-4.1 and 6-4.2 shall not apply on New Year's Day, January 1st, on that day no alcoholic beverages may be sold, served, delivered, permitted or suffer the sale, service or delivery of any alcoholic beverage or permit the consumption of any alcoholic beverage in a licensed premises between the hours of 2:00 a.m. and 12 noon. However, if New Year's Day, January 1st, is a Sunday, and no licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or permit the consumption of any alcoholic beverage on the licensed premises between the hours of 2:30 a.m. and 12 noon.
[Ord. No. 95-7]
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 person to congregate in or about the licensed premises.
[Ord. No. 95-7]
No licensee shall directly or indirectly solicit from house to house, personally or by telephone, the purchase of alcoholic beverages, nor allow, permit or suffer such solicitation.
[Ord. No. 95-7]
No employee, whether male or female, shall be served with any alcoholic beverage in a licensed premises, nor be permitted to sit at any table or stand at any table with any patron or person in a licensed premises while working at the licensed premises.
[Ord. No. 95-7]
No licensee shall allow, permit or suffer in or upon the licensed premises any known criminals, gangsters, racketeers, pickpockets, swindlers, confidence men, prostitutes, or other persons of ill repute.
[Ord. No. 95-7]
No licensee shall allow, permit or suffer in or upon the licensed premises any disturbances, rudeness, immoral activities, brawls or unnecessary noises, or allow, permit or suffer the licensed premises place of business to be conducted in such manner as to become a nuisance.
[Ord. No. 95-7]
No licensee shall allow, suffer or permit any illegal lottery to be conducted, or any ticket or participation right in any lottery to be sold or offered for sale, on or about the licensed premises, except as provided by law.
[Ord. No. 95-7]
No licensee shall engage in or allow, permit or suffer any pool selling, book making or any playing for money as taro, roulette, rouge et noir or any unlawful game or gambling of any kind, or any device or apparatus designed for any such purpose, on or about the licensed premises.
[Ord. No. 95-7]
No licensee shall possess, allow, permit or suffer on or about the licensed premises any slot machine or device in the nature of a slot machine which may be used for the purpose of playing for money or other valuable things.
[Ord. No. 95-7]
No licensee shall possess, sell, offer for sale, distribute or otherwise dispose of any alcoholic beverages upon the containers of which stamps or crowns as required by the Alcoholic Beverage Tax Act, N.J.S.A. 54:41-1 et seq., as amended and supplemented, shall not be affixed or attached.
[Ord. No. 95-7]
No licensee, its agents and/or employees shall sell or serve any alcoholic beverages to any person under the age of 21 years of age.
[Ord. No. 95-7]
Persons under the age of 21 years shall not be allowed to frequent, loiter or remain in any room or rooms used or devoted to the sale, service or consumption of alcoholic beverages upon a licensed premises, unless accompanied by a parent, guardian or adult husband or wife. This however shall not apply to a bona fide restaurant. A bona fide restaurant shall be defined as an establishment, fully equipped with adequate kitchen and dining facilities, trading in and serving food for on-premises consumption by customers, for a stated price and the preeminent business of the licensed premises shall be as a restaurant.
[Ord. No. 95-7]
Any license issued under this chapter may be suspended or revoked for violation for any of the provisions of this chapter or any provision of applicable statute or any of the rules and regulations of the New Jersey State Director of the Division of Alcoholic Beverage Control.
[Ord. No. 95-7]
Proceedings for suspension of 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 in affording a reasonable opportunity for hearing before the township committee with applicable appeal rights pursuant to law.
[Ord. No. 95-7]
It shall be unlawful for a minor to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or purchase, attempt to purchase or have another person purchase for him or her any alcoholic beverage. It shall be unlawful for any person to misrepresent or misstate his or her age or the age of another person for the purpose of inducing any licensee or any employee of any licensee to sell or serve any alcoholic beverage to a minor.
[Ord. No. 95-7]
All licensees who sell alcoholic beverages pursuant to this chapter shall prominently post in their premises a warning sign describing the dangers to the unborn children of women who consume alcoholic beverages while pregnant. The nature and type of warning signs shall be determined by the Warren County Board of Health, which shall prepare and distribute the warning signs. A licensee violating the provisions of this section shall be subject to a penalty as provided for in section 6-8 of the Code.
[Ord. No. 95-7]
In addition to any potential revocation or suspension of a license provided by the provisions of Title 33 of the New Jersey Statutes Annotated, this chapter or any of the rules and regulations promulgated by the New Jersey State Director of the Division of Alcoholic Beverage Control, any person, firm or corporation who shall sell or deliver any alcoholic beverages without having complied with, or is in violation of, any of the provisions of this chapter of the Hardwick Township Code shall, upon conviction thereof, be subject to a fine of not more than one thousand ($1,000.00) dollars or imprisonment for not more than 90 days or both or by a period of community service not exceeding 90 days. Separate offenses shall be deemed to have been committed on each day during on or which a violation occurs or continues to occur.