[Ord. #78-347, S 1]
This Chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Montgomery 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 R.S. 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, the words and phrases herein shall have the same meaning as in R.S. 33:1-1, et seq., and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
[Ord. #78-347, S 3]
All applications for license, 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.
[Ord. #78-347, S 4]
All licenses required by this Chapter shall be issued by the Township Committee, which shall also administer the provisions of this Chapter.
[Ord. #78-347, S 8]
No person shall sell or distribute alcoholic beverages within the Township without having obtained a license in accordance with the Act referred to in section 6-1 and the provisions of this Chapter, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
[Ord. #78-347, SS 10, 11; Ord. #81-416; Ord. #03-1112, S 1; Ord. #13-1450]
a. 
The annual license fees of licenses for the sale and distribution of alcoholic beverages in the Township shall be as follows:
Effective Date/Class of License
Annual License Fees
Effective until June 30, 2005
Plenary Retail Consumption License
$1,236
Plenary Retail Distribution License
$1,236
Club License
$180
Effective July 1, 2005
Plenary Retail Consumption License
$1,483.20
Plenary Retail Distribution License
$1,483.20
Club License
$188
Effective July 1, 2006
Plenary Retail Consumption License
$1,779.80
Plenary Retail Distribution License
$1,779.80
Club License
$188
Effective July 1, 2007
Plenary Retail Consumption License
$2,135.75
Plenary Retail Distribution License
$2,135.75
Club License
$188
Effective June 1, 2008
Plenary Retail Consumption License
$2,500
Plenary Retail Distribution License
$2,500
Club License
$188
b. 
The maximum quantity of licenses for the sale and distribution of alcoholic beverages in the Township shall be as follows:
Class of License
Number of Licenses
Plenary Retail Consumption License
7
Plenary Retail Distribution License
2
Club License
4
c. 
In addition to the above, one additional plenary retail distribution license may be issued to a person, corporation or partnership which operates a motel or hotel containing 100 or more sleeping rooms. In the event that an additional license is issued to such entity, that license shall not be transferred except to a person, corporation or partnership which operates a hotel or motel containing at least 100 sleeping rooms or the holder of a building permit for such hotel or motel.
d. 
The provisions of this subsection with respect to the limitation of the number of licenses shall not apply to the renewal or transfer of licenses presently issued.
[Ord. #78-347, S 5; New]
All licenses shall be for a term of one-year from July 1 in each year, except those issued during that term which shall run from the effective date thereof to June 30 following. License fees shall be prorated on a per diem basis, from the effective date of the license to its expiration.
[Ord. #78-347, S 6; New]
No license shall be issued under this Chapter until the premises described in the license application have been approved by the Construction Official, Fire Prevention Code Enforcement Officer and Health Officer based upon the Code which apply as to each such inspector.
[Ord. #78-347, S 7; New]
The Health Officer of the Township shall, after the issuance of any license, have the right to inspect at any time the licensed premises for the purpose of determining whether the same are safe and sanitary. In the event that he determines that such licensed premises are not safe and sanitary, based upon Health Code in effect in the Township of Montgomery, he may report the same to the Township Committee who shall have the power to hold a hearing, in the event the licensee requests the same and to revoke the license under such terms and conditions as the Township Committee may deem appropriate.
[New]
No license shall be renewed where the Township Committee determines, based upon reports from the Department of Police Services or otherwise, that the licensee or licensees have, in the previous license year, permitted or maintained premises where disturbances and other disorderly conduct has habitually occurred.
[Ord. #80-404, S 1; Ord. #90-694, S 1]
a. 
Retail Distribution Sales Hours. No licensee shall sell, deliver, or allow, or permit the sale or delivery of any alcoholic beverage at retail in its original container for consumption off the license premises or allow, or permit the removal of any alcoholic beverage in its original or opened container from retail license premises on Sundays before 9:00 a.m. or after 10:00 p.m. or any other day of the week, except as provided in paragraph b of this subsection.
b. 
Retail Consumption Sales Hours. In the case of other than retail package sales, no alcoholic beverages shall be sold, served, delivered or consumed and no licensee shall allow or permit the sale, service or delivery of any alcoholic beverage, directly or indirectly upon the licensed premises between the hours of 1:30 a.m. and 7:00 a.m. next following, on weekdays, except on January 1 of each year when the hours during which such sales shall be prohibited are between 3:00 a.m. and 7:00 a.m. next following. On Sundays, no such sales shall be permitted between 1:30 a.m. and 12:00 noon next following. During the hours when sales are prohibited in this subsection, all licensed premises shall be closed.
[Ord. #80-404, S 2]
Whenever the sale of alcoholic beverages for consumption on the premises and off the premises or either thereof is authorized by virtue of the provisions of subsection 6-4.1 of this chapter by the holder of a retail consumption or retail distribution license, the sale of malt alcoholic beverages and wine in original bottle or can containers, shall be authorized for consumption off the premises on the same days and during the same hours that the sale of alcoholic beverages for consumption on the premises is so permitted and authorized by this chapter.
[Ord. #92-754, S 1]
All licensees under this chapter who sell alcoholic beverages shall prominently post on their premises a warning of 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 Montgomery Township Board of Health or its authorized agent, which shall prepare and distribute the warning signs. Any licensee violating the provisions of this section shall be subject to a penalty as provided for in section 1-5 of this Code.
[New]
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverage to any person who displays conduct which would lead such licensee or employee to believe that such person is intoxicated.
[Ord. #80-404, S 3; New]
No person shall purchase or distribute any alcoholic beverages in the Township for or on behalf of or to any person under the legal age for purchasing alcoholic beverages, except a parent or legal guardian of such person. As used in this section, "person under the legal age for purchasing alcoholic beverages" shall mean any person under the age of 21 years, but shall not mean a person attaining the age to legally purchase alcoholic beverages prior to January 1, 1983, which persons shall retain that right.
[Ord. #78-347]
No licensee shall allow or permit in or upon the license premises or any parking area or semi-public place which serves such license premises, any disturbances, lewdness, immoral activities, brawls, or unnecessary noises, or allow, or permit the licensed place of business to be conducted in such manner as to become a nuisance.
[Ord. #78-347]
a. 
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's Director of Alcoholic Beverage Control.
b. 
Proceedings for suspension or revocation shall be in accordance with the provisions of R.S. 33:1-31 by service of a five day notice of charge against the licensee and affording a reasonable opportunity for a hearing before the Township Committee.
c. 
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of the provisions of this Chapter.