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]
a.
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.
b.
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.
c.
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.
d.
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.
[1]
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]
a.
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.
b.
All licenses shall be for a term of one year from the first day of
July in each year.
c.
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:
|
Class of License
|
Annual Fee
|
Number Limited
|
|---|---|---|
|
Plenary Retail Consumption License
|
$1,750.00
|
70
|
|
Plenary Retail Distribution License
|
$1,750.00
|
1 for each 5,000 of Township population
|
|
Club License
|
$150.00
|
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]
a.
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.
b.
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]
a.
CLUB
CLUB MEMBER
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.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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:
[Ord. #80-32]
a.
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.
b.
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.
[Ord. #05-51]
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]
a.
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:
|
Monday, Tuesday, Wednesday and Thursday:
|
|
Open: 7:00 a.m.
|
|
Close: 2:00 a.m. the following day.
|
|
Friday and Saturday:
|
|
Open: 7:00 a.m.
|
|
Close: 3:00 a.m. the following day.
|
|
Sunday:
|
|
Open: 7:00 a.m.
|
|
Close: 2:00 a.m. the following day.
|
|
New Year's Eve, December 31:
|
|
Open: In accordance with the above schedule.
|
|
Close: 4:00 a.m. the following day.
|
b.
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:
|
Monday through Saturday:
|
|
Open: 9:00 a.m.
|
|
Close: 10:00 p.m.
|
|
Sunday:
|
|
Open 10:00 a.m.
|
|
Close: 6:30 p.m.
|
|
If December 24, Christmas Eve, and/or December 31, New Year's
Eve, fall on a Sunday:
|
|
Open: 10:00 a.m.
|
|
Close: 10:00 p.m.
|
|
If December 24, Christmas Eve, and/or December 31, New Year's
Eve, do not fall on a Sunday, the closing hours for the Sunday immediately
prior to those holidays will be extended to 10:00 p.m.
|
[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]
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
and nobody, other than the owner or owners and employees, shall be
allowed to remain on the premises after the prescribed hour.
b.
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.
[Ord. #05-85]
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.
[Ord. #10-59]
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.
[New]
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.
