[HISTORY: Adopted by the Mayor and Council of the Borough of Woodstown: Article I, 5-20-35 as Ord. No. 83; Article II, 8-24-81 as Ord. No. 327. Section 35-15 amended at time of adoption of Code; see Ch. 1, General Provisions. Other amendments noted where applicable.]
Be it ordained by the Mayor and Council of the Borough of Woodstown, in the County of Salem and State of New Jersey:
[Adopted 5-20-35 as Ord. No. 83]
[Amended 9-12-95 by Ord. No. 495; 2-11-97 by Ord. No. 511]
This Article is for the purpose of fixing license fees and regulating the sale of alcoholic beverages in the Borough of Woodstown, Salem County, New Jersey in accordance with the Alcoholic Beverage Law (ABL), N.J.S.A. 33:1-1, et seq., and in accordance with the rules and regulations promulgated by the State Commissioner of Alcoholic Beverage Control.
[Amended 3-11-46 by Ord. No. 112; 1-26-10 by Ord. No. 2010-1; 11-23-99 by Ord. No. 542]
All licenses in the Borough shall be classified as follows, and shall be issued only upon the payment of the fees of the class as hereby established:
A. 
Plenary retail consumption license.
[Amended 5-14-56 by Ord. No. 167; 8-23-82 by Ord. No. 335; 7-14-86 by Ord. No. 361; 12-28-87 by Ord. No. 390; 6-27-06 by Ord. No. 2006-632] The fee for each of such licenses granted shall be as follows:
2010
$1,814.00
2011
2,176.00
2012
2,500.00
Each year thereafter
2,500.00
B. 
Club license. The fee for each of such licenses granted shall be $150 per annum.
C. 
All license fees shall be paid in cash or by certified check to the order of the Clerk of the Borough of Woodstown at the time of filing the application for the license.
D. 
The Borough Clerk is hereby designated as the proper person to sign all licenses on behalf of the Borough of Woodstown.
E. 
There shall not be more than two plenary retail consumption licenses and not more than two club licenses issued and in effect in the Borough of Woodstown at any given time.
[Amended 8-18-1952 by Ord. No. 149; 9-27-1971 by Ord. No. 248; 10-8-1973 by Ord. No. 263; 9-22-1975 by Ord. No. 278; 1-22-1979 by Ord. No. 306; 7-13-1981 by Ord. No. 326; 8-23-1982 by Ord. No. 334; 11-26-1984 by Ord. No. 347; 1-26-1997 by Ord. No. 510; 2-11-1997 by Ord. No. 511; 6-11-2002 by Ord. No. 567; 3-26-2019 by Ord. No. 2019-3]
A. 
No alcoholic beverages shall be sold, served or delivered for on-premises consumption, directly or indirectly, at any time other than from 6:00 a.m. until 12:00 midnight on Monday through Thursday and on Friday from 6:00 a. m. until 1:00 a. m. on Saturday, and on Saturday 6:00 a. m. until 1:00 a. m. on Sunday, and on Sunday from 11:00 a.m. to 12:00 midnight.
B. 
With the exception of malt alcoholic beverages and wine, no alcoholic beverage shall be sold, served or delivered for off-premises consumption, directly or indirectly, at any time other than from 9:00 a.m. until 10:00 p.m. on Monday through Saturday and from 1:00 p.m. until 10:00 p.m. on Sunday, local prevailing time, as provided by the laws of the State of New Jersey.
C. 
No malt alcoholic beverages nor wine, in its original bottle or can container, shall be sold, served or delivered for off-premises consumption, directly or indirectly, at any time other than from 6:00 a.m. until 12:00 midnight on Monday through Saturday and from 1:00 p.m. until 12:00 midnight on Sunday, local prevailing time, as provided by the laws of the State of New Jersey.
D. 
Notwithstanding the hours set forth above, alcoholic beverages may be sold, served or delivered for on-premises consumption, directly or indirectly, from 12:00 midnight until 1:00 a.m. on New Year's Day, local prevailing time, as provided by the laws of the State of New Jersey.
E. 
Notwithstanding the hours set forth above, malt alcoholic beverages or wine, in its original bottle or can container, may be sold, served or delivered for off-premises consumption, directly or indirectly, from 12:00 midnight until 1:00 a. m. on New Year's Day, local prevailing time, as provided by the laws of the State of New Jersey.
F. 
Pursuant to the authority set forth in N.J.S.A. 33:1-40 and subject to the provisions of N.J.A.C. 13:2-38.1, the Mayor and Council may by resolution extend the hours for on-premises consumption at any licensed location within the Borough. Such an extension shall only be granted upon application for an individual holiday or special celebration which the Mayor and Council shall determine constitutes good cause.
[1]
Editor's Note: Former § 35-7, Premises open to public view, was repealed 11-26-84 by Ord. No. 347.
Every license shall be exposed to public view in a conspicuous place in the place licensed, and any omission so to do shall be presumptive evidence that the place where alcoholic beverages are being sold is unlicensed.
No licensee shall sell, serve or deliver, or allow, permit or suffer the service or delivery of, any alcoholic beverage, directly or indirectly, to any intoxicated person, and intoxicated persons shall not be allowed to congregate in any licensed premises.
No licensee shall sell, serve or deliver, or allow, permit or suffer the service or delivery of, any alcoholic beverage, directly or indirectly, to any person under the age of 21 years, or allow, permit or suffer the consumption of alcoholic beverages by any such person upon the licensed premises.
[Amended 9-12-95 by Ord. No. 495]
No licensee shall engage in or allow book making or any playing for money at any game or gambling of any kind, or any device or apparatus designed for any such purpose, on or about the licensed premises.
No licensee shall possess, allow, permit or suffer on or about the licensed premises any slot machine or device in the nature of a slot machine which may be used for the purpose of playing for money or other valuable thing.
[Amended 12-11-72 by Ord. No. 259; 9-12-95 by Ord. No. 495]
A. 
Any person convicted for a violation of this Article shall be subject to a fine not to exceed $500 and imprisonment of not more than 90 days.
B. 
In addition to the penalties provided herein, any license issued pursuant to this Article may be suspended or revoked as provided in N.J.S.A. 33:1-31.
[Adopted 8-24-81 as Ord. No. 327]
A. 
Except as set forth herein, it shall be illegal for any person to consume or possess any alcoholic beverage in public. Nothing contained herein shall prohibit a person from transporting alcoholic beverages purchased for personal consumption from the place of purchase to a private residence or club, or from one private residence to another. For the purposes of this section, a motor vehicle shall be considered in a public place so long as same is parked or stopped in a public place. This subsection shall not apply to motor vehicles stopped for traffic conditions or controls in route from the place of purchase to a private residence or club, or from one private residence to another.
B. 
Nothing contained in this Article shall prevent the transportation of alcoholic beverages by any person licensed to do so by the State of New Jersey or any of its lawful agencies or officers.
C. 
Under no circumstances shall any person consume an alcoholic beverage in a motor vehicle, nor shall any person possess any unsealed glass, can, bottle or other receptacle containing an alcoholic beverage while in a motor vehicle.
A. 
For a first offense, an individual convicted under this Article shall pay a fine not to exceed $200.
B. 
For a second or subsequent offense, an individual convicted under this Article may be sentenced to a term of incarceration not to exceed 90 days and to pay a fine in an amount not to exceed $500.