[Ord. #10/3/85]
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.
[New]
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.
[Ord. #10/3/85]
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:
|
Class of License
|
Amend License Fee
|
Number of Licenses
|
|---|---|---|
|
Plenary Retail Consumption License:
|
1
| |
|
Effective January 1, 2016
|
$2,400.00
| |
|
Effective January 1, 2017
|
$2,500.00
| |
|
Club License:
|
2
| |
|
Effective January 1, 2016
|
$120.00
| |
|
Effective January 1, 2017
|
$144.00
| |
|
Effective January 1, 2018
|
$172.00
| |
|
Effective January 1, 2019
|
$188.00
| |
|
Plenary Retail Distribution:
|
1
| |
|
Effective January 1, 2016
|
$2,400.00
| |
|
Effective January 1, 2017
|
$2,500.00
| |
[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]
a.
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:
b.
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:
1.
On weekdays from 10:00 p.m. to midnight and from midnight to 9:00
am.
2.
On Sundays from 10:00 p.m. to midnight and from midnight to 11:00
a.m.
3.
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.
c.
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]
a.
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.
b.
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]
a.
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.
b.
The area of the public barroom shall not exceed 10% of the total
public seating area.
c.
The bar shall not exceed twenty (20') feet in length.
d.
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.
e.
The restaurant shall have tables, chairs and/or booths for accommodation
of the public.
f.
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.
g.
No sound shall emanate from the interior of the licensed premises
so as to be heard beyond the lot lines of the licensed premises.
h.
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.
i.
There shall be no gambling or gambling devices on the licensed premises.
j.
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.
