This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Hope 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.A. 33:1-1 et seq., and in accordance with the rules and regulations of the State Director of Alcoholic Beverage Control.
For the purpose of this Chapter, words and phrases herein shall have the same meaning as in N.J.S.A. 33:1 et seq., and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
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.
[1978 Code § 3-101; Ord. #10/3/85]
All licenses required by this Chapter shall be issued by the Township Committee, which shall also administer the provisions of this Chapter.
[1978 Code § 3-101; Ord. # 10/3/85]
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.
[1978 Code § 3-103; § 3-104; Ord. #10/3/85, § 3-5; § 3-7; Ord. No. 2016-03]
The annual fees of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:
[Ord. #10/3/85, § 3-6]
The Township shall not issue any Seasonal Retail Consumption License or any Limited Distribution License.
[1978 Code § 3-105; Ord. #10/3/85, § 3-8]
No licensee shall sell, serve, deliver, or allow, permit or suffer the sale, service or delivery of any alcoholic beverages, or allow, permit or suffer the consumption of any alcoholic beverage on the licensed premises between the following hours on the following days:
Hours of sale for off-premises consumption. No licensee shall sell, serve, deliver or allow, permit or suffer the sale or delivery of alcoholic beverages in original containers for off-premises consumption between the following hours on the following days:
On weekdays from 10:00 p.m. to midnight and from midnight to 9:00 am.
On Sundays from 10:00 p.m. to midnight and from midnight to 11:00 a.m.
Notwithstanding paragraph b1 and b2 above, the sale of wine and malt alcoholic beverages is authorized in original bottle or can containers for consumption off the premises, except for the times set forth in paragraph a.
All designations herein set forth are intended to mean prevailing time.
[Ord. #10/3/85; § 3-8; New]
During the hours in which sales of alcoholic beverages are herein prohibited, the entire licensed premises shall also be closed and no person shall be admitted or permitted to remain therein except the licensee or bona fide employees of the licensee, provided, however that this requirement for the closing of premises shall not apply to a bona fide restaurant where the licensed premises is being operated as a restaurant. Such premises shall be permitted to remain open beyond the hours of operation as stated above provided that no alcoholic beverages are sold, served, delivered or consumed during such prohibited hours of operation.
[Ord. # 10/3/85, § 3-9]
No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage directly or indirectly for any person under the legal age, or to any person actually or apparently intoxicated, nor shall any licensee allow, permit, or suffer the consumption of alcoholic beverages by any such person upon the licensed premises.
[Ord. #10/3/85, § 3-10]
It shall be unlawful for any person under the legal age to purchase, attempt to purchase, or induce another to purchase for him any alcoholic beverage.
It shall be unlawful for any person to purchase or attempt to purchase alcoholic beverages for a person under the legal age, and it shall likewise be unlawful for any person to induce or attempt to induce any licensee or any employee of a licensee to sell, serve or deliver alcoholic beverages to a person under the legal age.
It shall be unlawful for any person under the legal age to misrepresent or misstate his age for the purpose of inducing any licensee or any employee of a licensee to sell, serve or deliver any alcoholic beverage to him.
[Ord. #10/3/85, § 3-11]
It shall be unlawful for any person, excepting an officer or other person authorized by and acting pursuant to the instructions of such officer, so doing in the course of and for the purpose of enforcing the provisions of R.S. 33:1-1, et seq., the rules and regulations of the Director of the Division of Alcoholic Beverage Control or this Chapter, to knowingly purchase, receive or procure any illicit alcoholic beverage.
It shall be unlawful for any person to knowingly possess, have custody of, offer for sale or sell any illicit alcoholic beverage.
[1978 Code § 3-106; Ord. #10/3/85, § 3-12; New]
The licensed premises shall consist of a public barroom and restaurant. It shall serve hot meals to customers for a minimum of 20 hours per week.
The area of the public barroom shall not exceed 10% of the total public seating area.
The bar shall not exceed twenty (20') feet in length.
The minimum public space, measured from the inside walls of the building or the restaurant and barroom, excluding service areas, shall be 1,200 square feet.
The restaurant shall have tables, chairs and/or booths for accommodation of the public.
The public barroom of the licensed premises shall be separated from the other public portions of the premises by a partial wall, partition or semi-solid divider.
No sound shall emanate from the interior of the licensed premises so as to be heard beyond the lot lines of the licensed premises.
Dancing shall be permitted only if the dance floor provided is of a minimum size of 150 square feet. In the event a dance floor is provided, the minimum public space shall be 1,200 square feet plus the square footage of the dance floor area.
There shall be no gambling or gambling devices on the licensed premises.
No person under the legal age, except one who shall qualify, under Rule 3, Regulation 13 of the Rules and Regulations of the Alcoholic Beverage Control, shall be permitted in the public barroom unless accompanied by an adult. This restriction shall not apply to any person under the legal age who is either the actual holder of the new license or who is an employee and is acting under the scope and course of his employment while on the premises.
[1978 Code § 3-106; Ord. 10/3/85, § 3-12]
The holder of a plenary retail distribution license shall be entitled, subject to rules and regulations, to sell alcoholic beverages for consumption off the licensed premises, but only in original containers. This license shall not permit the sale of alcoholic beverages in or upon any premises in which any other mercantile business is carried on, except this shall not prohibit the retail sale of distillers' and vintners' packaged holiday merchandise prepacked as a unit with suitable glassware as gift items to be sold only as a unit, cigars, cigarettes, packaged crackers, chips, nuts and similar snacks, ice and non-alcoholic beverages and accessory beverages to alcoholic beverages.
[1978 Code § 3-106; Ord. #10/3/85, § 3-12]
The holder of a club license, subject to rules and regulations, shall be entitled to sell alcoholic beverages only for immediate consumption on the licensed premises and only to bona fide club members and their guests. A club license may be issued only to corporations, associations, and organizations as are operated for benevolent, charitable, fraternal, social, religious, recreational, athletic, or similar purposes, and not for private gain, and which comply with all conditions which may be imposed by the commissioner of Alcoholic Beverage Control by rules and regulations.
[1978 Code § 107; Ord. #10/3/85, § 3-13]
Any license issued pursuant to this Chapter may be suspended or revoked for violation of any provision of this Chapter or for violation of any provision of the revised statutes, N.J.S.A. 33:1-1, et seq., as amended, or any of the rules and regulations issued by the Commissioner of Alcoholic Beverage Control, N.J.A.C. 13.201, et seq., as amended.
[Ord. # 10/3/85, § 3-14]
Each applicant for a liquor license pursuant to this Chapter shall apply for any and all necessary site plan approvals, variances and/or other zoning and building permits as may be required by law no later than 30 calendar days after the receipt of its application by the Township Clerk and must thereafter diligently pursue and prosecute whatever permits and approvals as may be required. No liquor license pursuant to this Chapter shall be finally awarded and issued by the Township Committee or other liquor license issuing authority until such permits or approvals are obtained.