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.
[1]
Editor's Note: Former subsection 4-4.4, Distance Between Licensed Premises, previously codified herein and containing portions of Ordinance No. 1627, was repealed in its entirety by Ordinance No. 1807.
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.