[New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Wantage 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; Ord. 6/12/72; Ord. #80-04]
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.
All licenses required by this chapter shall be issued by the
mayor and township committee, which shall also administer the provisions
of this chapter.
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.
The annual fees of licenses for the sale or distribution of
alcoholic beverages in the township shall be as follows:
|
Class of License
|
Annual License Fee
|
|---|---|
|
Plenary Retail Consumption License
|
$260
|
|
Plenary Retail Distribution License
|
$260
|
|
Club License
|
$50
|
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.
The provisions of New Jersey's State Limitation Law, as
provided in Chapter 72 of the Law of 1960 and as the same may be hereafter
amended, shall control the number of and the issuance of plenary retail
consumption licenses and plenary retail distribution licenses; no
limited retail distribution license shall be issued. No seasonal retail
consumption licenses shall be issued. No club license shall be issued
to any organization or club that renders or performs any protective
township service.
[Ord. 5/31/41; New; Ord. #87-07]
No alcoholic beverages shall be sold, delivered or served, 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.
Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered to or consumed in the licensed premises between the hours of 3:00 a.m. and 7:00 a.m.
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 6:00 a.m. and 7:00 a.m.
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, nor 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.
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.
[Ord. 5/13/55; Ord. #2002-22]
No licensee shall sell or serve any alcoholic beverages to any
person under the age of 21 years.
It shall be unlawful for a person under the age of 21 years
to enter any premises licensed for the sale of alcoholic beverages
for the purpose of purchasing or having served or delivered to him
or her any alcoholic beverage.
It shall be unlawful for a person under the age of 21 years
to consume any alcoholic beverages or to purchase, attempt to purchase,
or have another purchase for him, any alcoholic beverage on any premises
licensed for the sale of alcoholic beverages.
It shall be unlawful for any person under the age of 21 years
to misrepresent or misstate his age for the purpose of inducing any
retail licensee or any employee of any retail licensee to sell, serve
or deliver any alcoholic beverage to him.
[Ord. #2002-22]
The consumption or possession of alcoholic beverages of any
type on private property by a person who is under the legal age and
without legal authority is prohibited.
a.
The provision of this section shall not apply to any underage person
who consumes or possesses an alcoholic beverage in connection with
a religious observance, ceremony, or rite, or consumes or possesses
an alcoholic beverage in the presence of and with the permission of
a parent, guardian or relative who has attained the legal age to purchase
and consume alcoholic beverages.
b.
The provisions of this chapter as to possession of alcoholic beverages
shall not apply to any such person while actually engaged in the performance
of employment by a person who is licensed under Title 33 of the Revised
Statutes, or while actively engaged in the preparation of food while
enrolled in a culinary arts or hotel management program at a county
vocational school or post secondary educational institution.
This section shall not be construed to preclude the imposition
of a penalty under section R.S. 33:1-81, or any other section of law
against a person who is convicted of unlawful alcoholic beverage activities
on or at premises licensed for the sale of alcoholic beverages.
a.
Any person who shall violate any section of this subsection shall
be subject to a fine of $250 for the first offense, and $350 for any
subsequent offense.
b.
Upon conviction the court may, in addition to the fine, suspend or
postpone for six months the driving privilege of the defendant. In
the event a driver's license is suspended, the court shall forward
a report to the Division of Motor Vehicles stating the first and last
day of the suspension or postponement period imposed by the court
pursuant to this section. If a person at the time of the imposition
of a sentence is less than 17 years of age, the period of license
postponement, including suspension or postponement of the privilege
of operating a motorized bicycle, shall commence on the day the sentence
is imposed and shall run for a period of six months after the person
reached the age of 17 years.
If a person at the time of the imposition of a sentence has
a valid driver's license issued by this State, the court shall
immediately collect the license and forward it to the Division along
with the report. If for any reason the license cannot be collected,
the court shall include in the report the complete name, address,
date of birth, eye color and sex of the person, as well as the first
and last day of the license suspension period imposed by the court.
The court shall also inform the person orally and in writing
that if the person is convicted of operating a motor vehicle during
the period of license suspension or postponement, that person shall
be subject to the penalties set forth in R.S. 39:3-40. A person shall
be required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice shall not be a defense to a subsequent
charge of a violation of R.S. 39:3-40.
c.
If the person convicted under this subsection is not a New Jersey
resident, the court shall suspend or postpone, as appropriate, the
nonresident driving privilege of the person based on the age of the
person and submit to the Division the required report. The court shall
not collect the license of a nonresident convicted under this section.
Upon receipt of a report by the court, the Division shall notify the
appropriate officials in the licensing jurisdiction of the suspension
or postponement.
[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 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.
