Laws concerning alcoholic beverage control are contained in Title 33 of the Revised Statutes. All ordinances must be in conformity with these provisions and approved by the Director of Alcoholic Beverage Control, R.S. 33:1-40. State law prescribes the types of licenses that may be issued, their number, permissible license fees and the regulation of licensed premises, R.S. 33:1-40.
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Warren in accordance with the provisions of an act of the 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 R.S. 33:1-1, et seq., and in accordance with the rules and regulations of the State Director of Alcoholic Beverage Control.
For the purpose of this chapter, words and phrases herein shall have the same meanings as in R.S. 33:1-1, et seq., and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
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 5-1, and all other applicable laws of the State of New Jersey or the United States.
All licenses required by this chapter shall be issued by the township committee, which shall also administer the provisions of this chapter. The township clerk may issue a license after it has been duly approved by the township committee.
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 5-1 and the provisions of this chapter.
The annual license fee and maximum number 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.
No alcoholic beverages shall be sold, delivered, served or consumed in any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m., except New Year's Day and Christmas Day as hereinafter provided. The sale of malt alcoholic beverages, in original bottle or can containers for consumption off the premises, is permitted and authorized during the same hours as is permitted and authorized for the sale of alcoholic beverages for consumption on premises, as set forth above.
The provisions of subsection 5-4.1 shall not apply on December 25. On that day no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 3:00 a.m. and 7:00 a.m.
Provisions of subsection 5-4.1 shall not apply on January 1. On that day no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 7:00 a.m.
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 of persons, or permit any such persons to congregate in or about the licensed premises.
During the hours that alcoholic beverage sales are prohibited as provided in this section, the entire licensed premises shall be closed. This requirement shall not apply to the hotels and restaurants as defined in R.S. 33:1-1 and clubs as defined in R.S. 33:1-12, and any regulations issued by the director of the Division of Alcoholic Beverage Control.
No minor shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by his parent or guardian.
No minor shall purchase, attempt to purchase, or have another purchase for him any alcoholic beverage on any premises licensed for the sale of alcoholic beverages.
No person shall purchase or attempt to purchase alcoholic beverages for a minor. It shall be unlawful for any person to induce or attempt to induce any licensee or any employee of a licensee to sell, serve or deliver alcoholic beverages to a minor.
No person shall mispresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage to a person under 18 years or to permit a person under 18 to remain on any premises in violation of subsection 5-5.1.
Any parent or guardian of a minor who accompanies such minor into a premises in which alcoholic beverages are served and who permits the minor to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of the minor.
No minor shall possess, serve, sell or consume any alcoholic beverage in any public place within the township.
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 R.S. 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.