Township of West Orange, NJ
Essex 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. All ordinances shall be in conformity with these provisions and approved by the Director of Alcoholic Beverage Control. N.J.S.A. 33:1-40. State law prescribes the types of licenses that may be issued, their number, permissible license fees and the regulation of licensed premises, N.J.S.A. 33:1-40.
[1972 Code § 8-1]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of West Orange 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 Law of 1933, its supplement and amendments, and also comprising N.J.S.A. 33:1-1 et seq., and in accordance with the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
[1972 Code § 8-2]
For the purposes of this chapter, words and phrases herein shall have the same meanings as they have 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 § 8-3.1]
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 the previous section and all other applicable laws of the State of New Jersey or of the United States.
[1972 Code § 8-3.2]
All licenses required by this chapter shall be issued by the Township Council, which shall also administer the provisions of this chapter.
[1972 Code § 8-3.3]
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 11-1 and the provisions of this chapter.
[1972 Code § 8-3.4; Ord. No. 335-74 § 1; Ord. No. 559-80 § 1; Ord. No. 1159-93 § 1; Ord. No. 1254-94 § 1; Ord. No. 1438-97; Ord. No. 1511-98 § 1]
Effective July 1, 1998, the annual license fees and maximum number of licenses for the sale or distribution of alcoholic beverages within the Township shall be as follows:
Class of License
Annual License Fee
No. of Licenses
Plenary Retail Consumption
$1,135.20
54
Seasonal Retail Consumption
$851.40
0
Plenary Retail Distribution
$823.62
16
Club License
$150
1
[1972 Code § 8-4.1; Ord. No. 1055 § 1; Ord. No. 1078 § 1; Ord. No. 1702-00 § 2]
a. 
Hours of Operation. No alcoholic beverage shall be sold, delivered, served or consumed in any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m., excepting certain days in each year as specifically hereinafter provided.
b. 
No holder of any plenary retail distribution license shall sell any wine or beer for off-premises consumption on any day between the hours of 10:00 p.m. and 7:00 a.m. the following day except as hereinafter provided.
c. 
No holder of any plenary retail distribution license shall sell distilled spirits for off-premises consumption on any day between the hours of 10:00 p.m. and 9:00 a.m. the following day except as hereinafter provided.
d. 
The holder of any plenary retail consumption license may sell wine and beer for off-premises consumption during all hours in which alcoholic beverages may be legally sold, consumed, delivered for consumption or served on the licensed premises.
[1972 Code § 8-4.2; Ord. No. 334-74 § 1; Ord. No. 987-89 § 1; Ord. No. 1043-90 § 1; Ord. No. 1055-91 § 1; Ord. No. 1078-91 § 1; Ord. No. 1700-00 § 2]
a. 
No holder of any plenary retail consumption license, seasonal retail consumption license or club license shall sell, deliver for consumption, serve or permit or allow the consumption of alcoholic beverages on the licensed premises between the hours of 2:00 a.m. on Sunday and 12:00 noon on Sunday.
b. 
No holder of any plenary retail distribution license shall sell alcoholic beverages for off-premises consumption between the hours of 10:00 p.m. on Saturday and 12:00 noon on Sunday except the last three Sundays in December, when such sale shall not be allowed between the hours of 10:00 p.m. on Saturday and 9:00 a.m. on Sunday.
[1]
Editor's Note: Former subsection 11-4.3, Christmas Eve and Day; New Year's Eve and Day, previously codified herein and containing portions of 1972 Code § 8-4.3 and Ordinance Nos. 1055-91 and 1078-91, was repealed in its entirety by Ordinance No. 2259-10.
[Ord. No. 1138-92 § 1]
a. 
Any licensed premises, which are within the confines of a commercial establishment which may legally remain open for business during hours when it is not permissible to sell, deliver for consumption, serve, distribute, permit or allow the consumption of any alcoholic beverages, including wine and beer, must adopt the following procedures to ensure compliance with these regulations:
1. 
Notice must be conspicuously posted throughout the commercial establishment advising those on the premises of the hours during which alcoholic beverages may be sold and/or consumed.
2. 
If the establishment sells food for consumption on or off the premises any food menu provided to patrons must advise of the hours during which alcoholic beverages may be sold and or consumed.
3. 
Any bar area must be closed to all patrons and/or employees during those hours when alcoholic beverages may not legally be sold, consumed or distributed.
b. 
Adoption of the procedures set forth above shall not constitute a defense to a charge against the licensee of illegal sale and/or consumption of alcoholic beverages.
[1]
Editor's Note: Former subsection 11-4.5, Transfer of Plenary Retail License Within 200 Feet Forbidden; Measurement and containing portions of 1972 Code § 8-7 and Ordinance No. 815-85 was repealed in its entirety by Ordinance No. 1898-03.
[1972 Code § 8-8; Ord. No. 1183-93 §§ 1, 2]
a. 
Entertainers. No licensee shall engage in, allow, permit or suffer any person to appear on the premises of any establishment licensed to sell or distribute alcoholic beverages in any act, scene, sketch or other form of entertainment, including dancing for the benefit of patrons, with breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.
b. 
Personnel. No licensee shall hire, allow, permit or suffer any employee or any other person who comes in contact with, or is likely to come in contact with, the patrons of any establishment licensed to sell or distribute alcoholic beverages, to appear in the presence of such patrons with breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.
c. 
Penalties. A violation of any of the provisions of this section shall be punishable by a fine not less than $200 nor more than $500 or imprisonment not exceeding 90 days or both. Each and every day such violation exists shall constitute a separate offense.
[Ord. No. 1137-92 § 1]
The interior of any premises licensed to sell or distribute alcoholic beverages shall, when not open for business, be exposed to an unobstructed view from the exterior of the premises and an unobstructed view of the interior thereof shall not be obstructed by the use of nontransparent glass or of a shade, blind, shutter, screen, merchandise or any other article placed within or without the building in which the room or rooms are located.
[1972 Code § 8-10]
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. 33:1-1 to 33:1-96 by service of a five day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing. Any suspension or revocation shall carry the penalties and prohibitions provided in the statutes referred to.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
[1972 Code § 8-6.1]
It shall be unlawful for 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.
[1972 Code § 8-6.2; Ord. 1742-01 § II]
It shall be unlawful for any person under the legal age for purchasing alcoholic beverages to consume or possess any alcoholic beverage in a motor vehicle, on a street or in another public place. It shall also be unlawful for such persons to consume or possess an alcoholic beverage on private property, unless that possession or consumption is in connection with a religious observance, ceremony, or rite, or the underage person possesses or consumes that beverage in the presence of and with the permission of a parent, legal guardian, or relative who is of legal age and who has in their possession written permission from the underage person's parent or legal guardian.
It shall be lawful, however, for an underage person employed by an alcohol beverage licensee to legally possess an alcoholic beverage for the purpose of delivering it to a customer or placing it on display for sale.
[New]
It shall be unlawful for 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 or her age have the right to purchase and consume alcoholic beverages.
[1972 Code § 8-6.3; Ord. No. 521-79 §§ 1, 2]
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 licensee to sell, serve or deliver any alcoholic beverage to a person under the legal age to purchase alcoholic beverages.
[1972 Code § 8-6.4]
A parent or guardian of any person under the legal age to purchase alcoholic beverages charged with a violation of any provision of this section may be required to attend the hearing of the complaint. For the purpose of compelling such attendance, the Municipal Judge or a court of competent jurisdiction is hereby authorized to issue appropriate subpoenas.
[N.J.S.A. 33:1-81; New; Ord. No. 1742-01 § III]
Any person who shall violate any of the provisions of this section, excluding an underage person caught possessing or consuming an alcoholic beverage on private property, 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. Further, 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 or she becomes eligible to obtain a license or on the date of conviction, whichever is later. In addition to the general penalty prescribed for this offense, the Court shall require any person violating these provisions 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.
If an underage person is convicted of possessing or consuming an alcoholic beverage on private property in violation of this law, he/she will be subject to a $250 fine for the first offense and a $350 fine for any subsequent offenses. The Court also has the discretion to 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 or she becomes eligible to obtain a license or on the date of conviction, whichever is later.