Township of Branchburg, NJ
Somerset County
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Table of Contents
Table of Contents
[New]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Branchburg 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.R.S. 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 meanings as in R.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.
[New]
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.
[Ord. #54-92; Ord. #69-220; Ord. #91-602, S1; Ord. #2004-966, S1; Ord. No. 2017-1306]
The annual renewal fees for Plenary Retail Consumption Licenses, including Hotel/Motel exceptions, and Plenary Retail Distribution Licenses shall be $2,500.
The annual renewal fee for Club Licenses shall be $188.
[Ord. #73-269]
No alcoholic beverages shall be sold, delivered or served to or consumed 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.
[Ord. #73-269; Ord. #95-700, S1]
Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages or malt beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 2:00 a.m. and 10:00 a.m.
[Ord. #73-269]
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 from the hours of 4:00 a.m. and 7:00 a.m. unless January 1 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 4:00 a.m. and noon.
[New]
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any habitual drunkard, intoxicated person or minor, or permit the consumption of alcoholic beverages on any licensed premises by any of the above named classes or persons, or permit any such persons to congregate in or about the licensed premises.
[New]
During the hours that the sale of alcoholic beverages are 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.
[Ord. #69-220]
a. 
There shall not be issued in the township more than two club licenses as the same are defined and authorized by R.S. 33:1-12.
b. 
No club license shall be issued unless the applicant therefor shall have been in active and continuous operation in the State of New Jersey and in exclusive and continuous possession and use of a club house or club quarters for at least three years prior to the submission of its application. However, nothing herein contained shall prevent the issuance of a new club license if the applicant, prior to the issuance of such club license, shall have obtained from the Director of the Division of Alcoholic Beverage Control of the State of New Jersey either a certificate or written approval for the issuance of such club license pursuant to Rule five of State Regulation No. 7 of the Rules and Regulations of the New Jersey Division of Alcoholic Beverage Control.
c. 
No club licensee shall sell, service, deliver or allow, permit or suffer the sale, service, delivery of any alcoholic beverage on the licensed premises on New Years Day when it is a weekday between the hours of 4:00 a.m. and 7:00 a.m.; on New Years Day when it is a Sunday between the hours of 4:00 a.m. and 12:00 noon; on other weekdays between the hours of 2:00 a.m. and 7:00 a.m. or on other Sundays between the hours of 2:00 a.m. and 12:00 noon.
d. 
No club licensee shall permit the consumption of any alcoholic beverage on the licensed premises on New Years Day when it is a week day between the hours of 4:15 a.m. and 7:00 a.m.; on New Years Day when it is a Sunday between the hours of 4:15 a.m. and 12:00 noon; on other weekdays between the hours of 2:15 a.m. and 7:00 a.m. or on other Sundays between the hours of 2:15 a.m. and 12:00 noon.
[Ord. #2008-1095, S1]
a. 
In accordance with N.J.S. 33:1-12.20, the township may issue a plenary retail consumption license to a person or entity operating a hotel or motel containing 100 guest sleeping rooms or who may hereafter construct and establish a new hotel or motel containing 100 guest sleeping rooms which has not received a license prior to the effective date of this subsection.
b. 
The plenary retail consumption license for a new qualified hotel or motel shall be publicly bid with such terms as the township committee may establish by resolution in accordance with the procedures, including notice, set forth in N.J.S. 33:1-19.1, et seq.
c. 
All hotel or motel retail consumption licenses which have been issued at any time shall be confined to the hotel or motel property for which issued and shall not be subject to a transfer to another location.
[New; Ord. #91-602, S2]
No licensee shall sell or serve any alcoholic beverages to any person under the age of 21 years of age.
[New]
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.
Proceedings for suspension or revocation shall be in accordance with the provisions of R.S. 33:1-31 by service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for a hearing.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.