Township of Neptune, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. No. 277 § 1]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Neptune 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.
[New]
For the purpose of this chapter, words and phrases herein shall have the same meaning 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.
[New]
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.
[Ord. No. 277 § 2]
All licenses required by this chapter shall be issued by the Township Committee which shall also administer the provisions of this chapter.
[New]
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.
[Ord. No. 277 § 3; Ord. No. 282 § 1; Ord. No. 414 § 1; Ord. No. 451 § 1; Ord. No. 1478 § 1; Ord. No. 1662 § 1; Ord. No. 96-6 § I; Ord. No. 97-10 § 1; Ord. No. 98-19 § 1; Ord. No. 99-16 § 1; Ord. No. 07-09 § 1; Ord. No. 10-15 § 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
Number
Plenary Retail
Consumption License
$2,400.00
18
Distribution License
$1,620.00
5
Club License
$170.00
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 State law and rules and regulations promulgated by the Commissioner of Alcoholic Beverage Control.
[Ord. No. 560 § 1]
Nothing in this subsection shall prevent the issuance of a new license to a person who operates a hotel containing fifty (50) sleeping rooms, or who may hereafter construct and establish a new hotel containing at least fifty (50) sleeping rooms pursuant to N.J.S.A. 33:1-12.20.
[Ord. No. 277 § 8; Ord. No. 302 § 1; Ord. No. 1215 § 1; Ord. No. 12-22; Ord. No. 2015-17]
a. 
No licensee shall sell, serve, deliver, or allow, permit or suffer the sale, services or delivery of any alcoholic beverages on licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m.
b. 
No licensee shall allow, permit or suffer the sale, service or delivery of any distilled or spirituous alcoholic beverage at retail in its original container for consumption off the licensed premises, or the removal of any of the aforesaid alcoholic beverages in its original container from retail licensed premises before 9:00 a.m. or after 10:00 p.m. on any day of the week. This restriction in paragraph b does not apply to fermented alcoholic beverages such as wine or beer.
[Ord. No. 277 § 8; Ord. No. 302 § 1; Ord. No. 1215 § 1; Ord. No. 12-22]
Subsections 6-4.1 and 6-4.5 shall not apply to New Year's Day in each year when alcoholic beverages may be sold, delivered, or served after 2:00 a.m. and the prohibition against any person being on the licensed premises after 2:30 a.m. shall not apply.
[Ord. No. 12-22]
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.
[Ord. No. 1215 § 1; Ord. No. 12-22]
No licensee shall permit, suffer or allow any person to be on or upon any part of the licensed premises on any day between the hours of 2:30 a.m. and 7:00 a.m. except regular employees of the licensee actually engaged in the course of their employment; trademen with whom the licensee is actually engaged in doing business or public officers or employees in the course of their official duties.
[Ord. No. 277 § 7; Ord. No. 414 § 1; Ord. No. 730 § 1; Ord. No. 12-22]
No plenary retail distribution license shall be granted for any premises in which any mercantile business is carried on other than the sale of alcoholic beverages, tobacco, cigars, cigarettes, potato chips, pop corn, pretzels, nuts, candy, crackers, corn twists, Fritos, bacon rinds, gum, Pez, cherries, olives, onions, bitters, soft drinks, milk, ice cubes, canned, packaged and bottled goods usually served as hors d'oeuvres or with cocktails, which specialty items are usually associated with the use of alcoholic beverages, including but not limited to glasses, ceramics, bar supplies, implements and sundry items.
[Ord. No. 847; New; Ord. No. 12-22]
a. 
All applicants for retail liquor licenses to be located in the Township must, before the transfer of the license, present themselves at the Police Department on any weekday excluding holidays, between the hours of 9:30 a.m. and 4:30 p.m., so that they may be fingerprinted by the Police Department. If the applicant is a partnership, all partners must so present themselves and be fingerprinted. If the applicant is a corporation, all shareholders holding at least one (1%) percent of the corporate stock of the corporation must so present themselves and be fingerprinted.
b. 
All persons owning or holding a retail liquor license and all partners in a partnership owning or holding a retail liquor license, and all shareholders holding at least one (1%) percent of the stock of a corporation owning or holding a retail liquor license must, each year, at least thirty (30) days before the scheduled renewal date of their license, present themselves at the Police Department on any weekday excluding holidays, between the hours of 9:30 a.m. and 4:30 p.m., so that they may be fingerprinted by the Police Department. Such fingerprinting is a condition precedent to the renewal of the retail liquor license.
c. 
All persons to be employed by the holder of a retail liquor license must on any weekday excluding holidays, between the hours of 9:30 a.m. and 4:30 p.m., present themselves at the Police Department to be fingerprinted by the Police Department before they may lawfully begin employment for the holder of a retail liquor license.
d. 
All persons employed by the holder of a retail liquor license must each year at least thirty (30) days before the scheduled renewal date of their employer's retail liquor license present themselves at the Police Department on any weekday excluding holidays, between the hours of 9:30 a.m. and 4:30 p.m., so that they may be fingerprinted by the Police Department.
e. 
All persons, partnerships, firms or corporations violating any of the provisions of this subsection shall, upon conviction thereof be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 277 § 10; 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 (5) 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.
[New]
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.
[New]
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.
[New]
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.
[New]
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, shall be punished by a fine of not less than one hundred ($100.00) dollars. In addition, the Court shall suspend the person's license to operate a motor vehicle for six (6) months or prohibit the person from obtaining a license to operate a motor vehicle in this State for six (6) months beginning on a date he/she 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.
[Ord. No. 07-22 § 1]
ADULT
Shall mean a person twenty-one (21) years of age or older.
ALCOHOLIC BEVERAGES
Shall mean and include wine, liquor and malt or brewed beverages.
MINOR
Shall mean a person under the age of 21 years.
PRIVATE PREMISES
Shall mean any noncommercial premises used for either residential or recreational purposes.
[Ord. No. 07-22 § 1]
a. 
It shall be unlawful for any minor to knowingly possess or knowingly consume an alcoholic beverage in a private premises.
b. 
It shall be unlawful for any person to furnish or serve any alcoholic beverage to a minor in any private premises in the Township of Neptune or to knowingly permit a minor to possess or consume any alcoholic beverage in any private premises in the Township of Neptune.
c. 
These restrictions shall not apply to an adult who furnishes or serves alcoholic beverages to a minor or permits a minor to possess or consume alcoholic beverages where such adult is related to the minor by blood, marriage or adoption, provided that the relationship is as close or closer than first cousins.
[Ord. No. 07-22 § 3]
Any person convicted of a violation of any provision of this section shall be subject to a fine of not less than two hundred ($200.00) dollars nor more than two thousand ($2,000.00) dollars or imprisonment for a term not to exceed ninety (90) days, or both, in the discretion of the court, for each violation.
[Ord. No. 2016-22; Ord. No. 2017-04]
a. 
Information of Employees to Police Department.
1. 
Every person, partnership or corporation holding any Plenary Retail Consumption License, any Plenary Retail Distribution License, or any Club License issued or to be issued in the Township of Neptune shall furnish to the Police Department of Neptune Township the name, address, date of birth and social security number of each employee who is required to register with the Police in Subsection B. The names, addresses, dates of birth and social security numbers shall be furnished to the Police Department prior to the commencement of such employment.
2. 
Every person, partnership or corporation holding any Plenary Retail Consumption License, any Plenary Retail Distribution License, or any Club License issued or to be issued in the Township of Neptune shall be required to notify employees prior to their employment of their requirement to register with the Police in paragraph b.
3. 
Every person, partnership or corporation holding any Plenary Retail Consumption License, any Plenary Retail Distribution License, or any Club License issued or to be issued in the Township of Neptune shall not employ any person who is required to register with the police or Division of Alcoholic Beverage Control who has failed, neglected or refused to do so.
b. 
Registration with Police. All persons who shall sell, solicit the sale of, mix, process or prepare any alcoholic beverage at or from any bar or establishment selling alcoholic beverages from the original package or container under a Plenary Retail Consumption License, a Plenary Retail Distribution License, or a Club License, shall register with the Police Department; provided, however, that this subsection shall not apply to:
1. 
Bus boys or bus girls.
2. 
Entertainers.
3. 
Cooks.
4. 
Kitchen help.
5. 
Bouncers, identification and age checkers, doormen or any other security personnel.
6. 
Other persons performing strictly restaurant-related functions.
7. 
Any person who individually or as a partnership or as an officer, director or holder of more than 10% of the stock of a corporation holding a Plenary Retail Consumption License or any Plenary Retail Distribution License is required to execute a questionnaire in a form provided by the Director of the Division of Alcoholic Beverage Control and maintain such form upon the licensed premises.
8. 
All persons who shall sell, solicit the sale of, process or prepare any alcoholic beverage at or from the original package or container under a club license unless such person's employment exceeds ten (10) days in any one calendar year, and/or said person receives regular recurring monetary remuneration in connection with said employment, who then shall register with the Police Department. For purposes of this section, Club Licenses shall maintain a log indicating the days of work for each employee.
c. 
Application for Identification Card; Fingerprints and Photographs. Said registration with the Police Department shall be accomplished by completing or furnishing the following:
1. 
An application for an identification card, which application shall contain such information as the usual specifics of personal identification, date and place of birth, address and other employment, and such other information as deemed necessary and proper by the Chief of Police, or designee, to aid and assist in proper enforcement of the law.
2. 
A photograph and a set of fingerprints are to be taken under the direction of the Department of Public Safety. The fingerprint records shall be submitted to the State of New Jersey Division of State Police Bureau of Identification for a thorough and complete criminal history check. An applicant shall pay a fee in accordance with a fee schedule set by the New Jersey State Police. Upon receipt of a report from the State, the Chief of Police, or designee, shall prepare a report to the Director of Public Safety, or other designee of the Township Committee, outlining any arrests or convictions recorded pertaining to any crimes. The Director of Public Safety, or other designee of the Township Committee shall then prepare a report to the Township Committee outlining any arrests or convictions recorded pertaining to any crime. A "crime" for purposes of this section shall be a criminal offense defined as a first degree crime, second degree crime, third degree crime and fourth degree crime as defined by N.J.S.A. 2C:1-4a.
3. 
No identification card will be issued to any person convicted of a crime of moral turpitude. Such a crime is defined as an act of baseness, vileness or depravity in the private and social duties which a person owes to a fellow person, to society in general, contrary to accepted and customary rule of right and duty. Black's Law Dictionary.
4. 
No licensee shall employ a person convicted of a crime of moral turpitude.
5. 
If at any time within the licensed year a holder of an alcoholic beverage control identification card is found guilty of a crime of moral turpitude, the Township Committee shall immediately suspend the alcoholic beverage control license.
6. 
No person shall be issued a renewal to his/her alcoholic beverage card if he/she has been convicted of a crime of moral turpitude.
d. 
Possession of Identification Card; Temporary Receipt.
1. 
Possession of identification card. All persons required to register under paragraph b of this section shall be required to have in their possession, at all times, when in or about the licensed premises, an identification card on a form furnished by the Police Department, which shall contain such information as deemed necessary and proper by the Director of Public Safety to aid and assist in proper enforcement of the law. An owner or licensee shall be required to register and obtain an identification card, although such person may not be personally engaged in the sale, mixing, processing or preparation of alcoholic beverages.
2. 
Temporary receipt. Upon registering with the Township of Neptune as required by paragraph b, a temporary receipt will be issued which may be used as a temporary identification card for the purpose of satisfying this section only. This temporary receipt shall contain the applicant's name and expire sixty (60) days upon application.
e. 
Term of Identification Card.
1. 
An original identification card shall be valid until December 31st of the calendar in which it was obtained. All identification cards shall be renewed each year by December 31st and will be valid through December 31st of the subsequent year.
2. 
The following fees shall be imposed for the issuance of each identification card:
(a) 
For each original card, the sum of that amount charged by any State agency for a fingerprint inquiry, which such an inquiry is permitted by law, which shall be paid by certified check or money order payable to the agency and a $25.00 processing fee.
(b) 
For each renewal of an original card, the sum of $10.00.
(c) 
For any owner or licensee, the original fee and renewal fee for the identification card is waived.
f. 
Age Limits.
1. 
Bartender, waiter or sales clerk: 18 years.
2. 
Entertainer: 18 years.
3. 
Restaurant/hotel worker (must qualify as a restaurant as defined): 16 years.
4. 
Stock clerk in distribution license (permits for the employment of minors under 18 years must first be obtained): 15 years.
5. 
Pinsetter (permits for the employment of minors under 18 years of age must first be obtained): 15 years.
6. 
Worker (not selling alcohol) for consumption license, not a restaurant or hotel (permits for the employment of minors under 18 years of age must first be obtained): 16 years.
g. 
Violations and Penalties
Violation of any provision of this section by any owner and/or employee shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days on both the owner and employee in violation. Each and every violation shall be considered a separate violation. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, will be subject to a hearing before the Neptune Township Committee where additional penalties may be imposed in accordance with New Jersey State Alcoholic Beverage Control regulations.