The purpose of this article is to regulate the sale and distribution
of alcoholic beverages in the Township of West Deptford, in the County
of Gloucester and State of New Jersey, and provide for the issuance
of licenses and for license fees in accordance with the provisions
of an Act of the Legislature entitled "An Act Concerning Alcoholic
Beverages," being Chapter 436 of the Laws of 1933, its supplements
and amendments,[1] and in accordance with the rules and regulations issued
or to be promulgated by the State Director of Alcoholic Beverage Control
applicable thereto.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
A.
Application requirements. All applications for licenses shall be
presented in writing and shall conform to the official form promulgated
by the State Director of Alcoholic Beverage Control of New Jersey
and shall be filed with the Township Clerk, accompanied by such federal
stamp tax as may be required or evidence of its payment, the required
license fee as hereinafter provided and otherwise as required by the
said Act and under the article, which application shall be addressed
to the Township Committee of the Township of West Deptford; all questions
thereto shall be fully answered and verified by the applicant, and
all applications shall designate the place and kind of license applied
for.
B.
Administration. The Township Committee of the Township of West Deptford,
being the governing body of said municipality, shall constitute the
authority for the administration of licenses issued under this article,
and shall forthwith report the issuance of all such licenses to said
State Director of Alcoholic Beverage Control.
C.
License subject to law. All applications for licenses under this
article and all licenses issued thereunder and all proceedings in
connection therewith shall be subject to the provisions of the aforesaid
Act of the Legislature and the amendments thereof and supplements
thereto now in force or that may hereafter be enacted and the rules
and regulations of said State Director of Alcoholic Beverage Control
applicable thereto and the rules and regulations promulgated or to
be promulgated by the Township of West Deptford.
D.
Unlawful to sell without license. It shall be unlawful to sell or
distribute alcoholic beverages in the Township of West Deptford, in
the County of Gloucester, without a license previously applied for
and granted pursuant to the provisions of said Act aforementioned.
A.
Plenary retail consumption license.
[Amended 6-20-1985 by Ord. No. 85-6]
(1)
The annual fee for a plenary retail consumption license shall be set forth in Chapter 11, Fees.
[Amended 7-2-2003 by Ord.
No. 2003-12; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
(2)
The holder of any such license shall be entitled, subject to rules
and regulations, to sell for consumption on the licensed premises
any alcoholic beverage by the glass or other open receptacles, and
also to sell all alcoholic beverages in original containers for consumption
off the premises licensed. Such license shall not permit the sale
of alcoholic beverages in or upon any premises in which a grocery,
delicatessen, drugstore or other mercantile business is carried on,
except the keeping of a hotel or restaurant or the sale of cigars
and cigarettes, at retail, as an accommodation to patrons, the retail
sale of nonalcoholic beverages as accessory to alcoholic beverages
or such other uses or sales permitted by N.J.S.A. 33:1-12.
B.
Club license and seasonal retail consumption license.
[Amended 4-1-1976 by Ord.
No. 76-3; 6-20-1985 by Ord. No. 85-6]
(1)
The annual fee for a club license shall be set forth in Chapter 11, Fees.
[Amended 7-2-2003 by Ord.
No. 2003-12; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
(2)
The holder of any club license shall be entitled, subject to the
rules and regulations of the Division of Alcoholic Beverage Control,
to sell any alcoholic beverages but only for immediate consumption
on the licensed premises and only to bona fide club members and their
guests. Such license may be issued only to such entities as are set
forth in N.J.S.A. 33:1-12.5. The issuance of a seasonal retail license
within the Township of West Deptford is prohibited.
C.
Plenary retail distribution license.
[Amended 6-4-1981 by Ord.
No. 81-15; 6-20-1985 by Ord. No. 85-6]
(1)
The annual fee for a plenary retail distribution license shall be set forth in Chapter 11, Fees.
[Amended 7-2-2003 by Ord.
No. 2003-12; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
(2)
A licensee holding this license shall not conduct any mercantile
business other than the sale of alcoholic beverages upon the licensed
premises, except that the retail sale of the following items shall
be permitted: distillers' and vintners' packaged holiday merchandise
prepackaged as a unit with suitable glassware as gift items to be
sold only as a unit, cigars, cigarettes, prepackaged crackers, cheese,
nuts and similar snacks, cocktail cherries, olives and onions, pretzels,
potato chips, charcoal, charcoal lighter fluid and other items commonly
used for family barbecues, ice, nonalcoholic beverages as accessory
beverages to alcoholic beverages and soda.
A.
Qualified persons. No license shall be issued to any person, firm,
corporation, group or partnership not fully qualified under the provisions
of state law and said rules and regulations as provided for by statute.
B.
Term: return of fee. All licenses shall be for a term of one year
from the first day of July in each year, and all fees shall be paid
in advance upon presentation of the application as herein provided;
provided, however, that any licensee who shall voluntarily surrender
his license and who shall not have committed any violation of this
article or of any rule or regulation and who shall have paid all taxes,
setoffs or counterclaims that may have become due to the State of
New Jersey or to the Township of West Deptford shall be entitled,
after deduction of 50% of said fee as a surrender fee, to the prorated
fee for the unexpired term.
C.
Regulation of number of licenses.
(1)
Maximum number of licenses. The number of licenses issued within
the Township of West Deptford shall be in accordance with the following
schedule:
[Amended 4-1-1976 by Ord.
No. 76-3]
|
Type of License
|
Number Allowed To Be Issued
|
|---|---|
|
Plenary retail consumption
|
10
|
|
Plenary retail distribution
|
2
|
|
Club
|
1
|
|
Seasonal retail consumption
|
0
|
(2)
Right to change or alter. There is hereby reserved to the Township Committee the right and authority to change the number of licenses specified in Subsection C(1) in accordance with law. The Township shall also have the right to issue such additional plenary retail consumption licenses, in addition to those specified in Subsection C(1), as are permitted by N.J.S.A. 33:1-12.20.
A.
Regulation of hours.
(1)
Normal hours of closing. The consumption and sale of alcoholic beverages
within any place of business licensed under the provisions of this
article shall be prohibited at the times and during the hours hereinafter
set forth:
[Amended 6-4-1981 by Ord.
No. 81-15]
|
Days
|
Hours
|
|---|---|
|
Weekdays
|
2:00 a.m. to 7:00 a.m.
|
|
Sundays
|
2:00 a.m. to 10:00 a.m.
|
(2)
Special regulations.
[Amended 10-1-1970]
(a)
Public emergency. The license and privilege to sell alcoholic
beverages of any business regulated under the provisions of this article
may be suspended in the case of public emergency by order of the municipal
governing body or any regularly designated police authority.
(b)
Holidays. Any licensee regulated by the provisions of this article
shall be closed on holidays in accordance with the following schedule:
[Amended 6-4-1981 by Ord.
No. 81-15]
|
Day
|
Hours
|
|---|---|
|
Christmas Day
| |
|
If Sunday
|
3:00 a.m. to 10:00 a.m.
|
|
If weekday
|
3:00 a.m. to 7:00 a.m.
|
|
New Year's Day
| |
|
If Sunday
|
5:00 a.m. to 10:00 a.m.
|
|
If weekday
|
5:00 a.m. to 7:00 a.m.
|
|
Other holidays
| |
|
If Sunday
|
2:00 a.m. to 10:00 a.m.
|
|
If weekday
|
2:00 a.m. to 7:00 a.m.
|
B.
Exemption. Nothing contained in this article shall be construed to prohibit any place of business regulated and licensed under the provisions of this article, conducted primarily as a restaurant, hotel, motel or other similar or like-natured business, from remaining opened to the public during the hours specified in Subsection A above, except that the consumption and sale of alcoholic beverages shall be prohibited at those times.
C.
Posting required. There shall be displayed in each licensed place,
exposed to public view, a sign stating the hours aforesaid during
which alcoholic beverages may be sold.
D.
Sales: credit; minor; mental defective; habitual drunkard. No sales
of alcoholic beverages for consumption on the licensed premises shall
be made on credit, nor shall sales of any alcoholic beverages be made
to any minor, mental defective or habitual drunkard.
E.
Licenses near church or school: waiver. No licenses shall be issued
for the sale of alcoholic beverages within 200 feet of any church
or public school or private schoolhouse not conducted for pecuniary
profit, except to the manufacturers, wholesalers, hotels, clubs and
fraternal organizations which own or are actually in possession of
the licensed premises at the time of the effectiveness of the aforesaid
Act, the said 200 feet to be measured in the normal way that a pedestrian
would properly walk from the nearest entrance of said church or school
to the nearest entrance of the premises sought to be licensed; however,
this prohibition may be waived at the issuance or renewal of such
license, by the duly authorized governing body or authority of such
school or church, and provided also that this prohibition shall not
apply to the renewal of any license where no such school or church
was located within said prohibited distance of said licensed premises
at the time of the issuance of said license, or as otherwise excepted
by the provisions of said Act.
A.
Revocation: cause; procedure. Any license issued under this article
may be suspended or revoked for violation of any of the provisions
of this article or any of the provisions of said Act or said statutes
heretofore mentioned, or of any of the regulations and rules prescribed
by said State Director of Alcoholic Beverage Control.
B.
Proceedings for suspension or revocation shall be in accordance with
the provisions of said Act, by service of a five-day notice of charges
preferred against the licensee, as provided in said Act, and affording
of a reasonable opportunity for a hearing, and such suspension or
revocation shall carry the penalties and prohibitions provided for
in said Act.
