[1978 Code § 6-1]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township 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
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.
[1978 Code § 6-2]
For the purpose of this chapter, words and phrases herein shall
have the same meanings as 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.
[1978 Code § 6-3]
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 §
6-1, and all other applicable laws of the State of New Jersey or the United States.
[1978 Code § 6-3.2]
All licenses required by this chapter shall be issued by the
Township Council, which shall also administer the provisions of this
chapter.
[1978 Code § 6-3.3; Ord. No. 609 § 1]
No person shall sell or distribute alcoholic beverages within the Township without obtaining a license in accordance with the act referred to in §
6-1 and the provisions of this chapter.
[1978 Code § 6-3.3; § 6-3.4; Ord. No. 621; Ord. No.
01-23 § 3; Ord. No. 04-15; Ord. No. 08-24 § 3; Ord. No. 13-14 § 2]
The annual fee of licenses for the sale or distribution of alcoholic
beverages in the Township shall be as follows:
Class of License
|
Annual License
|
Number of Licenses
|
---|
Plenary Retail Consumption License
|
$940
|
17
|
Club License
|
$150
|
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.
No plenary retail distribution licenses, limited retail distribution
licenses, or seasonal retail consumption licenses shall be issued
by the Township.
[1978 Code § 6-4.1]
No alcoholic beverages shall be sold, delivered or served in
any licensed premises on any day between the hours of 2:00 a.m. and
7:00 a.m. except Sundays and New Year's Day each year as hereinafter
provided.
[1978 Code § 6-4.2; Ord. No. 2017-13 § 1; amended 5-28-2019 by Ord. No. 19-04]
The provisions of Subsection
6-4.1 shall not apply on Sundays. On Sunday no alcoholic beverages may be sold, served or delivered in the licensed premises between the hours of 2:00 a.m. and 9:00 a.m.
[1978 Code § 6-4.3; Ord. No. 2017-13 § 2]
Provisions of Subsection
6-4.1 shall not apply on January 1. On that day alcoholic beverages may not be sold or delivered in the licensed premises between the hours of 5:00 a.m. and 7:00 a.m. unless January 1st is a Sunday, in which case alcoholic beverages may not be sold, served, delivered to or consumed in the licensed premises between the hours of 5:00 a.m. and 9:00 a.m.
[New]
The times above set forth shall be Eastern Standard Time except
when Daylight Saving Time is in effect, when the times shall be Daylight
Saving Time.
[1978 Code § 6-4.4]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any intoxicated
person or minor, or permit the consumption of alcoholic beverages
on any licensed premises by any of the above-named classes of persons,
or permit any such persons to congregate in or about the licensed
premises.
[1978 Code § 6-4.5]
During the hours sales of alcoholic beverages are hereinabove
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. This requirement
shall not apply to: hotels, restaurants as defined in N.J.S.A. 33:1-1(t);
clubs as defined in N.J.S.A. 33:1-12(5).
[1978 Code § 6-3.5; Ord. No. 631; Ord. No. 696; Ord. No. 826; Ord. No.
05-11 § 1; deleted by Ord. No. 2017-08]
[1978 Code § 6-6]
Any license issued under this Chapter may be suspended or revoked
by the Mayor and Township Council for the violation of any of the
provisions of this Chapter or the violation of any provisions of N.J.S.A.
33:1-1 to 33:1-96, and the rules and regulations of the State Director
of Alcoholic Beverage Control.
Proceedings for the suspension or revocation of a license shall
be in accordance with the provisions of the statutes cited by service
of a five day notice of charges preferred against the licensee. The
licensee shall be afforded a reasonable opportunity for a hearing.
Suspension or revocation shall carry the penalties and prohibitions
provided for in the statutes cited and shall be in addition to any
of the penalties imposed for the violation of this Chapter.
[1978 Code § 6-5; Ord. No. 609 § 2]
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.
[N.J.S.A. 33:1-8]
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.A. 33:1-81, 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 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.