Township of Upper, NJ
Cape May County
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Table of Contents
Table of Contents
Editor's Note: Laws concerning alcoholic beverage control are contained in Title 33 of the New Jersey Statutes Annotated. All ordinances must be in conformity with these provisions and approved by the Director of Alcoholic Beverage Control, N.J.S.A. 33:1-10. State law prescribes the types of licenses that may be issued, their number, permissible license fees and the regulations of licensed premises, N.J.S.A. 33:1-40.
[1972 Code § 6-1; New]
This Chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Upper 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 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.
[1972 Code § 6-2]
For the purpose of this Chapter, words and phrases herein shall have the same meanings as in N.J.S.A. 33:1-1, et seq., and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
[1972 Code § 6-3.1]
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.
[1972 Code § 6-3.2]
All licenses required by this Chapter shall be issued by the Township Committee, which shall also administer the provisions of this Chapter.
[1972 Code § 6-3.3]
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.
[Ord. #18, §§ 1, 3 and 4; 1972 Code § 6-3.4]
a. 
Plenary Retail Consumption Licenses. The number of retail plenary consumption licenses outstanding in the Township at the same time shall not exceed four provided that this shall not prevent the renewal of plenary retail consumption licenses outstanding on February 12, 1968, or the transfer of such license and renewal of the license so transferred. No new plenary retail consumption licenses shall be issued until the number outstanding is reduced by surrender, revocation or nonrenewal to less than four.
b. 
Plenary Retail Distribution Licenses. The number of plenary retail distribution licenses outstanding in the Township at the same time shall not exceed one.
c. 
Prohibited Licenses. No limited retail distribution licenses, summer seasonal retail consumption license, winter seasonal retail consumption license, or club licenses shall be issued.
[Ord. #18, § 5; 1972 Code § 6-3.5; New; Ord. #5-1994, § 1]
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
Effective Date
Plenary Retail Consumption License
$350
June 1, 1993
$420
June 1, 1994
$500
June 1, 1995
$600
June 1, 1996
$700
June 1, 1997
Plenary Retail Distribution License
$200
June 1, 1993
$240
June 1, 1994
$285
June 1, 1995
$345
June 1, 1996
$400
June 1, 1997
The foregoing license fees shall represent the municipal license only and excludes the amount due to the State of New Jersey.
[Ord. #18, § 2; 1972 Code § 6-3.6]
In the annual issuance of licenses, applications for renewals thereof shall be considered by the Township Committee before applications for new licenses.
[Ord. #67A, § 1.2; 1972 Code § 6-4.1; Ord. #5-1981, § 1; New; Ord. #002-2012-A]
a. 
Plenary Retail Distribution Licenses. The holder of a Plenary Retail Distribution License shall not sell or deliver or allow, permit or suffer the sale or delivery of any alcoholic beverage or allow, permit or suffer the removal of any alcoholic beverage from licensed premises on weekdays before 9:00 a.m. or after 10:00 p.m. and on Sundays before 10:00 a.m. or after 10:00 p.m., with the exception of wine and malt alcoholic beverages.
b. 
Plenary Retail Consumption Licenses.
1. 
On-Premises Consumption. The holder of a Plenary Retail Consumption License shall not sell, serve, deliver or allow, permit or suffer the sale, service, or delivery of any alcoholic beverage for on-premises consumption on weekdays between the hours of 3:00 a.m. and 7:00 a.m. and on Sundays between the hours of 3:00 a.m. and 10:00 a.m.
2. 
Off-Premises Consumption. The holder of a Plenary Retail Consumption License shall not sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any malt alcoholic beverage or wine for off-premises consumption on weekdays between the hours of 3:00 a.m. and 7:00 a.m. and on Sundays between the hours of 3:00 a.m. and 10:00 a.m. Such licensees shall not sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any distilled liquors for off-premises consumption on any weekdays between the hours of midnight and 9:00 a.m. or after 10:00 p.m. and on Sunday between the hours of midnight and 10:00 a.m. or after 10:00 p.m.
[Ord. #67A, § 1; 1972 Code § 6-4.2]
Entertainment may be permitted on licensed premises during the same hours when the sale of alcoholic beverages is permitted.
[Ord. #18, § 6; 1972 Code § 6-4.3; 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, nor permit the consumption of alcoholic beverages on any licensed premises by any of the above named persons.
During the hours that the sale of alcoholic beverages are prohibited, the entire licensed premises shall be closed and no person shall be admitted or permitted to remain thereon except the licensee or bona fide employees of the licensee. [New]
No licensee shall sell or serve alcoholic beverages to persons under the legal age. [New]
[N.J.S.A. 33:1-81 as amended, P.L. 1985, c. 113]
It shall be unlawful for:
a. 
A person under the legal age for purchasing alcoholic beverages 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; or
b. 
A person under the legal age for purchasing alcoholic beverages 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 any alcoholic beverage; or,
c. 
Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.
Any person who shall violate any of the provisions of this subsection shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, 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.
[1972 Code § 6-6]
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.