[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]
Licensed premises shall at all times be kept in a safe, clean
and sanitary condition. All rooms, passage ways, entrances, exits
and stairways must be well lighted.
[Ord. No. 95-7]
The public peace, decency and good order shall be maintained
at all times in or about the licensed premises.
[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 person shall manufacture, bottle, rectify, blend, treat,
fortify, mix, process or warehouse any alcoholic beverage in violation
of the Alcoholic Beverage Control Act.
[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]
Suspension or revocation of a license shall in addition to any
penalty which may be imposed for a violation of this chapter or law
or the rules and regulations of the New Jersey State Director of the
Division of Alcoholic Beverage Control.
[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.
