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.
[Added 8-22-2022 by Ord.
No. 019-2022]
The Township Committee, by resolution, may permit the sale and
consumption of alcoholic beverages on Township lands, including public
parks, on a one-day permit basis as provided in N.J.S.A. 33:1-74 or
on a catering permit basis as provided by regulation or rule of the
New Jersey Division of Alcoholic Beverage Control.
