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, license fees and the permissible
regulation of licensed premises, R. S. 33:1-40.
This chapter is enacted for the purpose of regulating the sale
and transportation of alcoholic beverages in the Township of Ocean
in the County of Monmouth, in accordance with the provisions of the
Act of the Legislature entitled "An Act Concerning Alcoholic Beverages,"
being Chapter 436 of the Laws of 1933, its supplements and amendments,
and in accordance with the rules and regulations issued, or to be
promulgated by the State Director of Alcoholic Beverage Control, applicable
thereto.
All applications for licenses under this chapter and all licenses
issued thereunder and proceedings in connection therewith, shall be
subject to said Act, and said rules and regulations of said State
Director of Alcoholic Beverage Control of New Jersey, applicable thereto,
and shall be subject to any other statutes of New Jersey, or of the
United States, now extant or hereafter enacted, affecting said subject
matters.
The township council of the Township of Ocean, being the governing
body of said municipality, shall constitute the authority for the
administration of issuance of licenses under this chapter, and shall
forthwith report the issuance of all such licenses to said State Director
of Alcoholic Beverage Control.
It shall be unlawful to sell or distribute alcoholic beverages
in the Township of Ocean, in the County of Monmouth, without a license
previously applied for and granted in pursuance of the provisions
of said Act.
All applications for licenses shall set forth, in full, answers
to questions prescribed by the aforesaid Act and by the rules and
regulations of said State Director, and shall include declarations
called for by said provisions.
Any and all written objections and petitions filed protesting
against the issuance of any alcoholic beverage license or the granting
of a license transfer shall be dated and signed after the first advertisement
of the notice of application has been published.
All licenses shall be for a term of one year from the first
day of July in each year, and all fees shall be paid in advance upon
presentation of the application; provided, however, that any licensee,
except a seasonal retail consumption licensee who shall voluntarily
surrender his license, and who shall not have committed any violation
of this section, or of any rule or regulation, and who shall have
paid all taxes, setoffs, or counterclaims that may have become due
to the State of New Jersey or to the Township of Ocean, shall be entitled,
after deduction of 50% of said fee as a surrender fee, to the prorated
fee for the unexpired term.
The fee for a plenary retail consumption license ("33") shall
be $2,500 effective January 1, 2009, and the holder of such license
shall be entitled, subject to rules and regulations, to sell for consumption
on the licensed premises any alcoholic beverages by the glass or other
open receptacles, and also sell all alcoholic beverages in original
containers for consumption off the licensed premises.
The fee for a seasonal retail consumption license shall be $725,
effective July 1, 1989, and such license shall entitle the holder,
subject to rules and regulations, to sell during the summer season,
from May first until November first, inclusive, or during the winter
season, from November 15th to April 15th, inclusive, for consumption
on the licensed premises any alcoholic beverage by the glass, or other
open receptacles, and also to sell all alcoholic beverages in original
containers, for consumption off the licensed premises; provided however,
that the applicant for such license shall be the owner or operator
of a bona fide hotel having at least 50 rooms and shall have been
the owner or operator of said hotel for a period of at least two years
before applying for said license.
The fee for a plenary retail distribution license shall be $2,500
effective January 1, 2010, and the holder of such license shall be
entitled, subject to rules and regulations, to sell any alcoholic
beverages for consumption off the licensed premises but only in original
containers.
The fee for a club license shall be $188 and the holder of such
license shall be entitled, subject to rules and regulations, to sell
any alcoholic beverages intended for immediate consumption on the
licensed premises and only to bona fide club members and their guests.
Club licenses may be issued to such corporations, associations and
organizations as are operated for benevolent, charitable, fraternal,
social, religious, recreational, athletic or similar purposes, and
not for private gain.
The total number of plenary retail consumption licenses and
seasonal retail consumption licenses issued and outstanding in the
township at the same time shall not exceed 13. The total number of
plenary retail distribution licenses shall not exceed five. The above
limitations shall not prevent issuance of renewals of plenary retail
consumption licenses or plenary distribution licenses to persons holding
such licenses at the time this regulation is adopted, and these limitations
shall not prevent the transfer of licenses, or renewal thereof, according
to law.
No new plenary retail consumption licenses or new plenary distribution
licenses shall be issued to anyone not presently holding such license
until the number of outstanding licenses shall be reduced, by surrender,
revocation, or nonrenewal, to less than 13, in respect to plenary
retail consumption licenses, and less than five in respect to plenary
distribution licenses.
No licensee or any other person shall sell, serve, deliver or
allow, permit or suffer the sale, service or delivery of any alcoholic
beverage, on New Year's Day when it is a Sunday between the hours
of 3:00 a.m. and 9:00 a.m.; and between the hours of 3:00 a.m. and
7:00 a.m. when New Year's Day occurs on any other day.
On New Year's Day when it is a Sunday, no licensee shall
allow, permit or suffer any consumption of alcoholic beverages on
the licensed premises between the hours of 3:30 a.m. and 9:00 a.m.;
and between the hours of 3:30 a.m. and 7:00 a.m. when New Year's
Day occurs on any other day.
During the period from January 1 to December 31, inclusive,
except as to New Year's Day, no licensee shall sell, serve, deliver
or allow, permit or suffer the sale, service or delivery of any alcoholic
beverage, on weekdays between the hours of 2:00 a.m. and 7:00 a.m.;
on Sundays between the hours of 2:00 a.m. and 9:00 a.m.
During the period from January 1 to December 31, inclusive,
except as to New Year's Day, no licensee shall allow, permit
or suffer any consumption of alcoholic beverages on the licensed premises,
on weekdays between the hours of 2:30 a.m. and 7:00 a.m.; on Sunday
between the hours of 2:30 a.m. and 9:00 a.m.
During the hours when the premises are hereinabove required
to be closed, such licensed premises shall be open to public view
from the public thoroughfare or other place to which the public has
free access, and no blind, screen partition, curtain or other article
shall be so left or placed as to prevent an unobstructed view of such
premises during such hours.
It shall be unlawful for a person under the legal age for purchasing
alcoholic beverages:
a. While in any premises licensed for the sale of alcoholic beverages,
to purchase, consume, or have served or delivered to him or her any
alcoholic beverages.
b. To purchase, attempt to purchase, or have another purchase for him
or her any alcoholic beverages.
c. To misrepresent or misstate his or her age or the age of any other
person for the purpose of inducing any licensee or any employee of
any licensee, or any person acting in behalf of any licensee, to sell,
serve or deliver any alcoholic beverages to him or her.
d.
1. No person under the legal age for purchasing alcoholic beverages
shall order, be served with, have in his or her possession, or consume
any alcoholic beverages on any public or private street or in any
public or private place in the Township of Ocean, in the County of
Monmouth. No person shall invite, induce, or knowingly allow any person
under the legal age for purchasing alcoholic beverages to be served
with, have in his or her possession, or consume any alcoholic beverage
on any public or private street or in any public or private place
in the Township of Ocean, in the County of Monmouth.
2. No provision of this section shall limit a parent or legal guardian
from serving alcoholic beverages to his or her own children within
his or her own place of residency. No provision of this section shall
limit the use of alcohol by persons under the legal age for purchasing
alcoholic beverages in religious ceremonies.
e. No licensee shall sell or serve any alcoholic beverage to persons
under the legal age.
No license shall be issued for the sale of alcoholic beverages
within 200 feet of any church or public school or private schoolhouse,
except to manufacturers, wholesalers or hotels which own or are actually
in possession of the licensed premises at the time of the effectiveness
of the aforesaid Act, the 200 feet to be measured in the normal way
that a pedestrian would properly walk from the nearest entrance of
the church or school to the nearest entrance of the premises sought
to be licensed; provided, however, that this prohibition may be waived
at the issuance or renewal of such license, by the duly authorized
governing body or authority of such school or church, and such waiver
shall be effective until the date of the next renewal of the license,
and provided also that this prohibition shall not apply to the renewal
of any license where no such school or church was located within the
prohibited distance of the licensed premises, at the time of the issuance
of the license, or as otherwise excepted by the provisions of the
Act.
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 or her any alcoholic beverage; or
c. Any person to enter any premises licensed for 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 $500. 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 who violates this subsection 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.
(N.J.S.A. 33:1-81)
Any person, except an officer or other person authorized by
and acting pursuant to instructions of said officer so doing in the
course of and for the purpose of enforcing said Act, who shall knowingly
purchase, receive or procure any illicit beverage, shall be guilty
of violating this chapter.
Any person who shall sell or distribute any alcoholic beverages
or who shall own, possess or keep in said Township of Ocean alcoholic
beverages with intent to sell or distribute alcoholic beverages or
who shall aid or abet another in the sale or distribution of alcoholic
beverages, without complying with the requirements of this chapter,
shall be guilty of a violation of this chapter.
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 State Director
of Alcoholic Beverage Control.
Proceedings for suspension or revocation shall be in accordance
with the provisions of said Act, by service of a five-day notice of
charges preferred against the licensee, as provided in said Act, and
affording of a reasonable opportunity for a hearing, and such suspension
or revocation shall carry the penalties and prohibitions provided
for in said Act.