[New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Green in accordance with
the provisions of an Act of Legislature of the State of New Jersey
entitled "An Act Concerning Alcoholic Beverages" (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 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.
[1979 Code § 35-8]
All licenses required by this chapter shall be issued by the
Township Committee which shall also administer the provisions of this
chapter.
[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, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
The classes and maximum number of licenses to be issued by the
Township Committee are hereby fixed as follows and the annual fees
of licenses for the sale or distribution of alcoholic beverages in
the Township shall be as follows:
|
Class of Annual License
|
License Fees
|
Number of Licenses1
|
|---|---|---|
|
ABC Plenary Retail Consumption License
|
$684
|
1
|
|
ABC Plenary Retail Distribution License
|
$207
|
1
|
|
ABC Club License
|
$108
|
1
|
|
Notes:
| |
|---|---|
|
1.
|
For State law authorizing the Township to restrict number of
licenses to sell alcoholic beverages at retail, see N.J.S.A. 33:1-40.
|
[1979 Code § 35-2A]
No licensee shall sell, serve, deliver, or allow, permit or
suffer the sale, service or delivery of any alcoholic beverage on
licensed premises on weekdays and weekends between the hours of 2:00
a.m. and 7:00 a.m., nor shall any licensee suffer, allow or permit
the consumption of any alcoholic beverage on any licensed premises
on weekdays and weekends after 2:30 a.m.
[1979 Code § 35-2B; New]
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 7:00 a.m.
[1979 Code § 35-4; 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.
[1979 Code § 35-2C; New]
During the hours when sales of alcoholic beverages are prohibited,
the entire licensed premises shall be closed and no person shall be
admitted or permitted to remain thereon except the licensee or bona
fide employees of the licensee; provided, however, that such requirement
for the closing of the premises shall not apply to bona fide hotels
or to restaurants as defined in N.J.S. 33:1-1(t) and to clubs eligible
for a club license under N.J.S. 33:1-12(5) and to other establishments
where the principal business is other than the sale of alcoholic beverages.
[1979 Code § 35-2D]
During the hours when the sale, service, delivery or consumption
of alcoholic beverages is prohibited by ordinance now in effect or
hereafter adopted by the Township Committee, all licensed premises
operating under a club license and restaurants shall keep the room
in which alcoholic beverages are kept for sale, commonly known as
the "barroom," and all rooms where alcoholic beverages are stored
firmly closed and securely locked, and the licensee or any of its
employees or any other persons shall not enter or be allowed to enter
therein.
[1979 Code § 35-3]
All licensed premises under this chapter where alcoholic beverages
are served or dispensed shall comply with the minimum standards of
sanitation as promulgated and compiled by the Board of Health of the
State of New Jersey, pursuant to legislation enacted with reference
to "Establishments and Places Where Food or Drink Is Sold or Distributed
in a Manner Other Than in the Same Sealed or Wrapped Packages or Containers
in Which It Was Received," and all other applicable statutes and ordinances
of the Township of Green.
[1979 Code § 35-5]
All licensed premises under this chapter where alcoholic liquor
is served or dispensed shall be subject to the right of inspection
by any member of the police force or any member of the Township Committee
for the purpose of determining whether all State and local rules,
regulations, ordinances and statutes are being complied with.
[1979 Code § 35-9; New]
a.
Revocation
of License. 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.
b.
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.
c.
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 or serve any alcoholic beverage to persons
under the legal age.
[N.J.S.A. 33:1-81]
It shall be unlawful for:
a.
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; or
b.
A person under the legal age for purchasing alcoholic beverages 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; or
c.
Any person to enter any premises licensed for retail sale of alcoholic
beverages for the purpose of purchasing, or to purchase alcoholic
beverages, for another person who does not because of his age have
the right to purchase and consume alcoholic beverages.
Any person who shall violate any of the provisions of this subsection
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. 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 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.
