[12-20-2018 by Ord. No.
679[1]]
In accordance with the provisions of N.J.S.A. 33:1-12 and pursuant
to the referendum approved by a majority of the voters of the Township
of Maurice River during the general election conducted on November
7, 2017, the Township Committee shall be empowered to issue two retail
consumption licenses for the sale of alcoholic beverages for consumption
on the licensed premises by the glass or other open receptacle, subject
to the provisions of Title 33 of the New Jersey Statutes and the regulations
promulgated by the Director of the Division of Alcoholic Beverage
Control and this chapter.
[1]
Editor’s Note: This ordinance superseded former Ch.
8, Alcoholic Beverages, adopted by Ord. No. 674-2018.
[12-20-2018 by Ord. No.
679]
a.
In
addition to any application form or information required by the New
Jersey Division of Alcoholic Beverage Control, any applicant for a
license or renewal thereof shall file with the Township Clerk true
copies, in duplicate, of:
1.
Its certificate of incorporation or articles of partnership or other
documents of formation and governance of the applicant;
2.
A list of its officers, directors or trustees, with a specification
of the duties of each;
3.
A list of shareholders or partners holding an interest of 1% or more,
by name and address; and
4.
Such other information as may be deemed necessary, relevant or appropriate
by the Township Clerk or the New Jersey State Police.
b.
If
any changes occur in the officers and directors of the licensee at
any time during the year, the applicant shall amend the license application
to show the changes within 10 days after their occurrence and shall
furnish the changes, in writing, in triplicate, to the Township Clerk.
[12-20-2018 by Ord. No.
679]
The annual license fee for each license shall be $1,250 per
year, which fee shall increase annually by 3% rounded to the nearest
whole dollar, until the maximum amount permitted by the New Jersey
Division of Alcoholic Beverage Control regulations is reached. The
license fee shall be payable upon the filing of the application for
the license or for the renewal of a license.
[12-20-2018 by Ord. No.
679]
The applicant for a license shall be responsible for any fingerprinting
costs and for any and all costs associated with required criminal
background checks.
[12-20-2018 by Ord. No.
679]
a.
BANQUET FACILITY
CLERK
GOVERNING BOARD OR BODY
RESTAURANT, FULL-SERVICE
As
used in this chapter, the following terms shall have the meanings
indicated:
Any establishment, however designated, regularly and principally
used for the purpose of providing meals for banquets and catered events,
having an adequate kitchen and facilities for the preparing, cooking
and serving of food for its patrons.
The Municipal Clerk of Maurice River Township.
The Township Committee of Maurice River Township.
Any establishment regularly and principally used for the
purpose of providing meals to the public, having an adequate kitchen
and dining room equipped for the preparing, cooking and serving of
food for its customers, and in which no other business, except such
as incidental to such establishment, is conducted. A full-service
restaurant is distinguished from any other type of restaurant by the
sale of alcoholic beverages. A full-service restaurant shall provide
a full menu service and seating for not fewer than 75 persons. A full-service
restaurant may also be utilized for banquets or catered events, either
in the main restaurant area or in a separate space dedicated for that
purpose. A full-service restaurant shall have a full-service kitchen
and/or banquet facility designed to be principally for the providing
of meals to the general public. A full-service restaurant may include
a bar section with consumption on the premises only; however, the
number of bar stools shall not exceed 15% of the total number of dining
seats.
b.
Additionally,
the meanings of the words and terms defined by N.J.S.A. 33:1-1 et
seq. and N.J.A.C. 13:2-1.1 et seq. shall apply.
[12-20-2018 by Ord. No.
679]
No new plenary retail consumption license shall be issued in
the Township of Maurice River unless and until the number of licenses
outstanding is less than that which is permitted by N.J.S.A. 33:1-12.14,
or amendments thereto. Notwithstanding the foregoing, nothing in this
chapter shall be deemed to prevent the issuance of a new license to
a person who files an application therefor within one year following
the expiration of the license renewal period if the State Commissioner
shall have determined, in writing, that the applicant's failure
to apply for a renewal of his license was due to circumstances beyond
his control.
[12-20-2018 by Ord. No.
679]
No licensee shall sell, serve or deliver or allow, permit or
suffer the sale, service or delivery of any alcoholic beverage at
retail or allow, permit or suffer the consumption of any alcoholic
beverages on the licensed premises or allow, permit or suffer the
retail licensed premises to be open during any period for which any
duly constituted state, county or municipal law enforcement authority,
because of a public emergency or investigation of crime, has ordered
the licensed premises to be closed, unless excepted by such authority
to permit continuing conduct of business other than the sale of alcoholic
beverages.
[12-20-2018 by Ord. No.
679]
The license provided hereunder shall be for a term of one year
from July 1 each year, and all fees shall be paid in advance upon
presentation of the application. Fees for a partial year shall be
prorated accordingly. Provided an issued license has not been suspended
or revoked, and there have been no other violations or infractions
of this chapter or the Act, the licensee shall have the right to apply
for a renewal of the license in accordance with the Act. So long as
the New Jersey Secretary of State issues certificates of good standing,
each applicant for renewal shall include a copy of a current certificate
of good standing issued by the New Jersey Secretary of State.
[12-20-2018 by Ord. No.
679]
a.
Any
license issued under this chapter may be suspended or revoked for
violation of any of the provisions of this chapter or any of the provisions
of said Act or said statutes heretofore mentioned or of any of the
regulations and rules prescribed by said Director of Alcoholic Beverage
Control.
b.
Proceedings
for suspension or revocation shall be in accordance with the provisions
of said Act, by service of a five-day notice of charges proffered
against the licensee, as provided in said Act, and by the affording
of a reasonable opportunity for a hearing, and such suspension or
revocation shall carry the penalties and prohibitions provided for
in said Act.
c.
Any
license issued under this chapter shall be used a minimum of 30 days
over the licensing year in order to remain active, that is, the full-service
restaurant must be open to the public a minimum of 30 days during
the licensing year during normal business hours. Failure to abide
by this section shall result in revocation of the license, however,
as per applicable regulations.
[12-20-2018 by Ord. No.
679]
a.
Before any licensee to whom a license has been issued shall start
doing business for the period of time for which the license has been
issued, the licensee shall enclose the license in a suitable frame
having clear glass space and substantial backing, so that the whole
of such license may be seen therein. The license thereupon shall be
so posted and at all times displayed in a conspicuous place in the
main or principal room where the licensee's business is being
carried on so that all persons visiting such place of business may
readily see the same.
b.
It shall be unlawful for any person holding such license, servant,
agent or employee to post the license or permit the same to be posted
upon premises other than the premises licensed or upon premises where
traffic in alcoholic beverages is being carried on by any person other
than the licensee, his servant, agent or employee.
[12-20-2018 by Ord. No.
679]
a.
The plenary retail consumption license shall be issued for the sale
of alcoholic beverages only in such facility or location meeting the
following minimum criteria:
1.
Full-service restaurant having dining area seating for at least 75
persons.
2.
The maximum number of seats in the bar of the full-service restaurant,
if applicable, shall not exceed 15% of the dining room seating requirements.
(However, no licensee is required to operate a bar on the licensed
premises.)
3.
Licensed premises must be situated within a zoning district within
which restaurants are permitted uses.
4.
In the operation of the full-service restaurant, or banquet facility,
no vending machines, juke boxes, arcades, pool tables or amusement
devices shall be permitted.
5.
In the operation of the full-service restaurant, or banquet facility,
no food service or consumption of alcoholic beverages shall be permitted
outside the licensed area.
[12-20-2018 by Ord. No.
679]
No license shall be issued for the sale of alcoholic beverages
within 200 feet of any church or public schoolhouse or private schoolhouse
not conducted for pecuniary profit. Said 200 feet shall be measured
in the normal way that a pedestrian would properly walk from the main
entrance of said church or school to the main entrance of the premises
sought to be licensed. The prohibition contained in this section shall
not apply to the issuance or renewal of any license where no such
church or schoolhouse was located within 200 feet of the licensed
premises as aforesaid at the time of the issuance of the license,
nor to the issuance or renewal, or both, of any license where such
premises have been heretofore licensed for the sale of alcoholic beverages
or intoxicating liquors, and such church or schoolhouse was constructed
or established, or both, during the time said premises were licensed.
[12-20-2018 by Ord. No.
679]
a.
A licensee shall sell, serve or deliver or allow, permit or suffer
the sale, service or delivery of any alcoholic beverages or permit
any consumption of alcoholic beverages on the licensed premises only
during the following hours:
b.
During the hours that sales of alcoholic beverages are prohibited,
the entire premises shall also be closed, and no person other than
the licensee and his bona fide employees shall be permitted to remain
thereon, with the exception that only food for consumption may be
served. During said time, the bar area shall be closed and appropriately
roped off or designated by appropriate notices or signage that the
bar area is closed to patrons.
[12-20-2018 by Ord. No.
679]
No licensee shall serve any alcoholic beverages or allow, permit
or suffer service of any alcoholic beverages in any room or place
on the licensed premises that is not open to invitees or customers
generally.
[12-20-2018 by Ord. No.
679]
All licensed premises in which is located a bar, bar area or
service bar shall provide sufficient lighting in the room in which
the bar, bar area or service bar is physically located so a view of
the interior of said room may be had from the public means of ingress
and egress to said room. Further, the interior of said room in which
the bar, bar area or service bar is located shall be arranged in such
a manner that a clear view of the interior may be had from the public
means of ingress and egress to said room.
[12-20-2018 by Ord. No.
679]
Licensees must at all times keep the licensed premises in a
safe, clean and sanitary condition.
[12-20-2018 by Ord. No.
679]
No plenary retail consumption licensee shall permit any person
at the bar under the age of 17 years old without a parent or guardian
being present. This section shall not apply to the dining area of
any bona fide full-service restaurant, whose principal business is
the service of food.
[12-20-2018 by Ord. No.
679]
No licensee shall sell, serve or deliver or allow, permit or
suffer the sale, service or delivery of any alcoholic beverage, directly
or indirectly, to any person under the age of 21 years or to any persons
who are actually or are apparently under the influence of alcoholic
beverages or drugs or where said licensee knows or should have known
said persons are under the influence of alcoholic beverages or drugs.
[12-20-2018 by Ord. No.
679]
a.
No licensee shall allow, permit or suffer in or upon the licensed
premises any unlawful possession of or any unlawful activity pertaining
to:
1.
Narcotic drugs;
2.
Controlled dangerous substances as defined by New Jersey Controlled
Dangerous Substance Act (N.J.S.A. 24:21-1 et seq.);
3.
Controlled dangerous substances as defined by the Comprehensive Drug
Reform Act of 1987 (N.J.S.A. 2C:35-1 et seq.);
4.
Any prescription legend drug in any form, which is not a narcotic
drug or a controlled dangerous substance or analogs as so defined;
5.
Drug paraphernalia as defined by N.J.S.A. 2C: 36-1.
6.
Use of marijuana, illegally.
b.
No licensee shall allow, permit or suffer the licensed premises to
be accessible to any premises upon which any illegal activity or enterprise
is carried on or the licensed premises or business to be used in furtherance
or aid of or accessible to any illegal activity or enterprise.
c.
No licensee shall allow, permit or suffer in or upon the licensed
premises the habitual presence of any known prostitute, gangster,
racketeer, notorious criminal, or other person of ill repute.
[12-20-2018 by Ord. No.
679]
No licensee shall allow, permit or suffer in or upon the licensed
premises any lottery to be conducted or any ticket or participation
right in any lottery to be sold or offered for sale; nor shall any
licensee possess, have custody of or allow, permit or suffer any such
ticket or participation right in or upon the licensed premises.
[12-20-2018 by Ord. No.
679]
a.
No licensee shall engage in or allow, permit or suffer any pool selling,
bookmaking or any unlawful game or gambling of any kind or any slot
machine or device in the nature of a slot machine which may be used
for playing for money or other valuable things.
b.
No licensee shall engage in or allow, permit or suffer in or upon
licensed premises any gambling paraphernalia, including, but not limited
to, any slip, ticket, book, record, document, memorandum or any other
writing pertaining in any way to any lottery, pool selling, bookmaking
or unlawful game or gambling of any kind.
[12-20-2018 by Ord. No.
679]
No licensee shall work in any capacity in or upon the licensed
premises while actually or apparently under the influence of alcohol
or drugs or allow, permit or suffer any person actually or apparently
under the influence of alcohol or drugs to work in any capacity in
or upon the licensed premises.
