[New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Holmdel 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. 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. 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.
[New]
All licenses required by this chapter shall be issued by the
Township Committee which shall also administer the provisions of this
chapter.
a.Â
Upon filing application, all license fees shall be paid in full,
or a prorated fee in the event application is made during the fiscal
year, to the Township Clerk and all such receipts shall be turned
over by the Clerk when and as received to the Chief Financial Officer.
b.Â
The Township Clerk is hereby designated as the proper person to sign
all the licenses in behalf of the Township Committee.
[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.
[1976 Code § 26-6; Ord. No. 19-76; Ord. No. 10-84; Ord. No. 89-31; Ord. No.
89-31A; Ord. No. 91-10; Ord. No. 92-8; Ord. No. 93-8; Ord. No. 94-9; Ord. No. 95-6; Ord. No. 96-17; Ord. No.
97-10 § 1; Ord. No. 97-18 § 1; Ord. No. 2003-08 § I; Ord. No. 2004-14 § I]
The annual fee 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
|
$2,000
|
5
|
|
Hotel/Motel License
|
2,000
|
1
|
|
Plenary Retail Distribution License
|
1,347
|
2
|
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 New Jersey Statutes and rules and regulations
promulgated by the Commissioner of Alcoholic Beverage Control.
[1976 Code § 26-1]
No licensee shall sell, serve, deliver, or allow, permit or
suffer the sale, service or delivery of any alcoholic beverages or
permit the consumption of any alcoholic beverages on licensed premises
on weekdays or Saturday between the hours of 2:00 a.m. and 7:00 a.m.
[1976 Code § 26-1; Ord. No. 89-31A]
The provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no licensee shall sell, serve, deliver, or allow, permit or suffer the sale, service or delivery of any alcoholic beverages or permit the consumption of any alcoholic beverages on licensed premises between the hours of 2:00 a.m. and 10:00 a.m.
[1976 Code § 26-1]
Provisions of subsection 6-4.1 shall not apply on January 1. On that day alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 8:00 a.m. when it falls on a weekday. When January 1 falls on a Sunday, no alcoholic beverages may be sold, served, delivered or consumed between the hours of 5:00 a.m. and 12:00 noon.
[New]
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.
[1976 Code § 26-3]
During the hours when sales of alcoholic beverages are prohibited,
the entire licensed premises shall be closed and no person or persons
shall be admitted or permitted to remain therein except the licensee
or bona fide employees of the licensee; provided, however, that this
closing provision shall not apply to bona fide hotels or to restaurants
as defined in N.J.S. 33:1-1t.
[1976 Code § 26-2]
Any licensee shall be permitted to sell or offer for sale at
retail or deliver to any consumer any alcoholic beverages during a
general, municipal, primary or special election during the hours the
polls are open for voting, as well as any other hours otherwise allowed
by this ordinance or by law.
[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. 33:1-31 by service of a five-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. 33:1-81, shall be punished by
a fine of not less than $100. 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 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.
