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.
