Editor's Note: For State statutes and regulations relating to alcoholic beverages control, see N.J.S.A. 33:1-1 et seq., as amended and supplemented and State regulations promulgated by the State Director of Alcoholic Beverage Control and published in N.J.A.C. 13:2-1 et seq.
For State statute authorizing a municipality to provide for the sale of malt alcoholic beverages for off-premises consumption during permitted hours of sale for on-premises consumption, see N.J.S.A. 33:1-40.3.
For statutory authorization for retail sale of nonalcoholic beverages as accessory beverages to alcoholic beverages, see N.J.S.A. 1-2 and 33:1-3a.
[1974 Code §§ 4-2, 4-3; New]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Woodbridge 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.
[1974 Code § 4-1; Ord. #88-17; New]
For the purpose of this chapter, 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.
[1974 Code § 4-3]
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.
[1974 Code § 4-5]
[1974 Code § 4-4]
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.
[1974 Code § 4-6; Ord. #94-125 § 1]
No license shall be issued except upon written application, presented by the person making the application therefor, upon forms to be furnished by the Township and after compliance with the law respecting publication of notice of intention as required by the Alcoholic Beverage Law, by the rules and regulations of the Director and by this chapter.
All applications for licenses shall set forth, in full, answers to questions prescribed by the aforesaid Alcoholic Beverage Law and by the rules and regulations of the Director and shall include declarations called for by the provisions.
Personal interviews and fingerprints of the applicant shall be performed and conducted by the Woodbridge Police Department at the Woodbridge Police Headquarters, Woodbridge, New Jersey.
The application shall be accompanied by the license fee in cash or certified check, as hereinafter prescribed in this chapter for the class of license requested.
Editor's Note: For additional filing fee paid to State, see N.J.S.A. 33:1-24.
[1974 Code § 4-7; Ord. #05-84; Ord. #08-68]
No license shall be issued to any person not fully qualified under the provisions of the Alcoholic Beverage Law and the rules and regulations of the Director.
All licenses shall be for a term of one year from the first day of July in each year.
Orientation and Education. As a precondition of renewal of any type of retail consumption license and of any type of retail distribution license, the licensee shall, on an annual basis, attend an Orientation and Education Program provided by the Township, to be offered at a date and location as determined by the Township. The notice for said Orientation and Education Program shall be included with the annual renewal application. Attendance at the program shall be by any person listed as a shareholder, partner, officer, or director on the application for a license, as modified at any time after issuance of the license, or by a general manager, manager or other person who regularly performs as the primary person in charge of the daily operations of and in the licensed premises. Any licensee who fails to attend the initial session of the Orientation and Education Program will have the opportunity to make-up the session at a cost of $250. There will be one make-up session per year. Failure to attend either of the sessions will be cause for non-renewal of the liquor license.
[1974 Code § 4-8]
Any licensee shall be entitled to a return of the prorated fee for the unexpired term of the license, after deducting as a surrender fee 50% of the license fee paid by him, provided that such licensee shall:
[1974 Code §§ 4-9—4-12; Ord. #78-24; Ord. #82-13; Ord. #89-12; Ord. #90-7 § 1; New; Ord. #04-30; Ord. #06-53; Ord. #10-08; Ord. No. 2018-101]
The annual fees of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:
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. 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.
[1974 Code § 4-9; Ord. #78-24; Ord. #82-13; Ord. #89-12; Ord. #90-7 § 1]
The holder of such license shall be entitled, subject to applicable rules and regulations, to sell any alcoholic beverages in original containers for consumption off the licensed premises. 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 for consumption on the premises is permitted and authorized herein.
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, drugstore or any mercantile business is carried on; provided, however, that such prohibition shall not apply to a hotel or restaurant 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 as accessory beverages to alcoholic beverages or, in commercial bowling establishments, to the retail sale or rental of bowling accessories and the retail sale from vending machines of candy, ice cream and nonalcoholic beverages.
[1974 Code § 4-10; Ord. #78-24; Ord. #82-12; Ord. #90-17 § 1]
The holder of such license shall be entitled, subject to applicable rules and regulations, to sell any alcoholic beverages for consumption off the licensed premises, but only in original containers; provided, however, that such license shall not permit the sale of alcoholic beverages in or upon any premises in which any other mercantile business is carried on. The foregoing restriction with respect to other mercantile businesses shall not be deemed to prohibit the sale on plenary retail distribution licensed premises of cigars and cigarettes, ice and ice cubes, cocktail olives, cherries and onions, potato chips, pretzels, nuts, crackers and similar snack items, bar accessories such as glasses, cocktail shakers, can openers, mixers, baskets, buckets and all types of gift wrappings and special packaging, but excluding bar furniture; provided further that this provision with respect to other types of mercantile business shall not be deemed to prohibit the sale of medicinal bitters.
[1974 Code § 4-11; Ord. #78-24; Ord. #97-63]
Definitions. As used in this subsection:
- Shall mean any organization, corporation or association consisting of 60 or more persons, operated solely for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes and not for private gain.
- CLUB MEMBER
- Shall mean any person in good standing who has been admitted to membership in the manner regularly prescribed by the bylaws of the club; who maintains his membership in a bona fide manner; whose name and address is entered on the list of the members.
Each application for a club license shall set forth the names and addresses of all officers, trustees, directors or other governing officials, together with the names and addresses of all members of the applying club and the date of admission of members as members to the club. The charter or articles of the association of the club shall also be presented to the Township Clerk for inspection or a certified copy of the same submitted with the application.
The holder of a club license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages, but only for immediate consumption on the licensed premises and only to bona fide club members and their guests.
No license shall be issued to any club unless it shall have been in active operation in this State for at least three years continuously immediately prior to the submission of its application for a license, provided said club obtains from the Director of the Division of Alcoholic Beverage Control and presents to the Township at or before the issuance of the license, a certificate stating that satisfactory proof has been submitted to the Director that said club has been duly credentialed by a national or State order, organization or association which has been in active operation in this State for at least three years continuously immediately prior to submission of the application for a license.
No club license shall be issued to any corporation, association or organization, unless all officers and members of the governing body thereof qualify as individual applicants in all respects.
Club licenses may be issued only to such corporations, associations and organizations as are operated for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes and not for private gain, and which comply with all conditions of this chapter and all conditions which may be imposed by the Director by rules and regulations.
No license shall be issued to any club unless it shall have been in exclusive possession and use of a clubhouse or club quarters for at least three years continuously immediately prior to the submission of its application for a license. A bonafide club which has been in active operation in this State for the period of time required as aforesaid, but which has been deprived of continuous possession and use of its clubhouse or club quarters by reasons of foreclosure, loss of lease, eminent domain, fire, casualty or other removal for a cause other than the violations of the laws of the State or of Township ordinance, shall not be prevented thereby from obtaining a club license upon presenting to the satisfaction of the Township proof of said facts and proof that possession of suitable premises has been obtained.
[1974 Code §§ 4-13]
The following forms of licenses shall not be issued:
No liquor license shall be issued to any person, partnership, or corporation in the Township of Woodbridge unless the premises effected by said license are located at least 1,000 feet from any other premises from which liquor is sold or dispensed.
No liquor license previously issued and in effect as of the date of the adoption of this subsection is to be affected by this subsection.
In order to recoup the costs and fees incurred in or arising out of the institution and holding of a disciplinary hearing held pursuant to N.J.S.A. 33:1-31, the Council of the Township of Woodbridge shall have the authority, to impose upon a licensee who, as a result of a disciplinary hearing, is found to have violated any of the Alcoholic Beverage Ordinances of the Township or Alcoholic Beverage Control laws and regulations of the State, or who, after the commencement of a disciplinary hearing, enters into a settlement agreement in which liability is acknowledged, the reasonable costs and legal fees incurred by the Township, including for Legal Counsel to the Municipal Council and Special Prosecutor, involving or arising out of the hearing, including charges, preparation for the hearing, and prosecution of the charges. After a determination of liability or settlement, the Council will determine the costs and fees and shall inform the licensee in writing the amount assessed and the basis for the calculation of the fees and costs assessed. If the licensee contests the amount of the fees, the licensee shall, within 10 business days of receipt of the assessment and calculation of costs and fees, submit written objections to the assessment or the amount. The Council shall then make a final determination on the assessment of the fees and costs. The licensee's right to appeal from the finding of liability for violations, and/or the assessment of fees and costs, if any, shall commence upon the final determination of the Council as to the assessment of fees and costs. If the parties resolve the charges by settlement agreement after the commencement of a hearing, the parties may provide in the agreement for payment of a specified amount of costs and fees.
[1974 Code § 4-16; Ord. #90-64; Ord. #05-86; Ord. #12-45]
No plenary retail consumption licensee or club licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, except in accordance with the following schedule of hours:
No plenary distribution licensee shall deliver, allow, permit or suffer the sale, service or delivery of any alcoholic beverage, except in accordance with the following schedule of hours:
[1974 Code § 4-18; New]
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 or permit the consumption of alcoholic beverages on any licensed premises by any of the above-named persons.
[1974 Code § 4-20]
No licensee shall allow, permit or suffer in or upon the licensed premises any lewdness, immoral activity or foul, filthy or obscene language or conduct or any brawl, act of violence, disturbance or unnecessary noise nor shall a licensee allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance.
[1974 Code § 4-17]
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 and nobody, other than the owner or owners and employees, shall be allowed to remain on the premises after the prescribed hour.
This closing of premises requirement shall not apply to bona fide hotels nor to restaurants. "Restaurants" are hereby defined as establishments, fully equipped with adequate kitchen and dining facilities, trading in and serving foods for on-premises consumption at the selection of the customers and for stated prices.
In all licensed premises which charge an admission fee for patrons to enter the premises, or which have live entertainment and the number of patrons exceeds 100 at any given time, the owner or operator of the premises shall have on duty sufficient security personnel skilled in maintaining security and order on the premises, as well as in any immediately contiguous area, and any parking area. The number of security personnel must be no less than one security person per each entry door, and, in addition thereto, one security person for each 50 patrons, and adequate additional security personnel to maintain peace and security in the contiguous areas and parking areas. All security personnel shall be prohibited from having any duties other than providing security and maintaining order, and shall wear a uniform or clothing, which easily identifies them as security personnel.
Licensees who hire an employee who is permitted by law to carry a firearm must disclose same to the Chief of Police and the Municipal Clerk upon acceptance and termination of employment.
[1974 Code § 4-18]
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.
[1974 Code § 4-21]
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.
[1974 Code § 4-22]
It shall be unlawful for a person under the legal age 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.
[1974 Code § 4-23]
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 license to sell, serve or deliver any alcoholic beverage to a person under the legal age.
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 as amended and supplemented, 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 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.
[1974 Code § 4-15; 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.