[HISTORY: Adopted by the Township Committee of the Township
of Raritan as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-11-2000 by Ord. No. 00-27 (Ch. 5.08 of the 2000 Code)]
This article 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.
For the purpose of this article 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.
[Amended by Ord. No. 03-34; Ord. No. 05-1]
A.
Laws applicable. It is unlawful to sell or distribute alcoholic beverages in the Township other than in the manner or pursuant to the authority provided in this article or in the act referred to in § 179-1.
B.
License fees; maximum number.
The annual license fees and maximum number of licenses authorized
pursuant to statute in accordance with the population of the Township
and for the sale or distribution of alcoholic beverages in the Township
shall be as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
|
Class of License
|
Annual License Fee
|
Number of Licenses
|
|---|---|---|
|
Plenary retail consumption license
|
See § 245-4
|
6
|
|
Club license*
|
See § 245-4
|
6*
|
|
Plenary retail distribution license
|
See § 245-4
|
2
|
|
Hotel/motel license*
|
See § 245-4
|
1*
|
|
*
|
The qualifications for the issuance of such license shall be
governed by statute and the Director of the Division of Alcoholic
Beverage Control.
|
C.
Privileges and obligations. The
holders of the above licenses shall be entitled to such privileges
and be subject to such obligations as are prescribed by the Act and
the rules and regulations made pursuant thereto.
D.
Grant of license. No more than
one retail license, whether it be consumption, distribution or hotel/motel,
shall be granted to any person, business association or corporation
(in which any current licensee in the Township shall own 10% or more
of shares in the corporation) in the Township. The licensee, or one
of the majority stockholders (a shareholder owning more than 10% of
the stock), or member of a limited liability company, or general partner
of a partnership shall be actively involved in the management and
supervision of the license.
A.
Hours of sale.
(1)
Monday through Saturday.
(a)
Plenary retail consumption
and club licensees. No plenary retail consumption or club licensees
shall sell, serve or deliver or allow, permit or suffer the sale,
service, delivery or consumption of any alcoholic beverages between
the hours of 2:00 a.m. and 9:00 a.m.
(b)
Plenary retail distribution
licensees. Plenary retail distribution licensees may only sell or
deliver alcoholic beverages on weekdays between the hours of 9:00
a.m. and 10:00 p.m.
(2)
Sunday sales.
(a)
Plenary retail consumption
and club licensees. All plenary retail consumption and club licensees
shall be permitted to sell, serve and deliver alcoholic beverages
on Sundays between the hours of 10:00 a.m. and 2:00 a.m.
(b)
Plenary retail distribution
licensees. Plenary retail distribution licensees may only sell or
deliver alcoholic beverages on Sundays between the hours of 9:00 a.m.
and 8:00 p.m.
B.
Determination of hours. The hours
previously specified shall be Eastern standard time, except when daylight
saving time is in effect, in which the daylight saving time shall
be observed.
C.
Closed premises. During the hours
sales of alcoholic beverages are hereinabove prohibited, the entire
licensed premises shall be closed, and no person shall be admitted
or permitted to remain thereon except the licensee or bona fide employees
of the licensee.
D.
Location. No license (conducted
for pecuniary profit) shall be issued for the sale of alcoholic beverages
within 200 feet of any church or public schoolhouse or private schoolhouse.
The 200 feet shall be measured in the normal way that a pedestrian
would properly walk from the nearest entrance of the church or school
to the nearest entrance of the premises sought to be licensed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any license issued under this article may be suspended or revoked
for violation of any of the provisions of this article 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 N.J.S.A.
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 article.[1]
[1]
Editor's Note: Original § 5.08.060, Fetal alcohol syndrome (FAS) warning signs, of the 2000 Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See N.J.S.A. 33:1-12a, Posting of fetal alcohol syndrome warning notices required.
[Adopted by Ord. No. 11-13 (Ch. 8.56 of the 2000 Code)]
For purposes of this article, the following words or terms shall
mean:
A person who has qualified as a guardian of the underaged
person pursuant to a testamentary or court appointment.
The underaged person's parent, grandparent, aunt or uncle,
sibling or any other person related by blood or affinity.
It is unlawful for any person under the legal age to purchase
alcoholic beverages, without legal authority, to knowingly possess
or knowingly consume an alcoholic beverage on private property.
A.
This article shall not prohibit
an underaged person from consuming or possessing an alcoholic beverage
in connection with a religious observance, ceremony or rite, or consuming
or possessing 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.
This article shall not prohibit
the possession of alcoholic beverages by any underaged person while
actually engaged in the performance of employment by a person who
was 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 postsecondary
educational institution; however, this article shall not be construed
to preclude the imposition of a penalty under this article, N.J.S.A.
33:1-81 or any other section of law against a person that is convicted
of unlawful alcoholic beverage activity on or at premises licensed
for the sale of alcoholic beverages.
A.
Any person found guilty of violating
the terms of this article shall be subject to a fine of $250 for a
first offense and $350 for any subsequent offense. Upon a finding
of guilt, the court may also suspend or postpone for up to six months
the person's driving privileges in addition to the authorized fine.
Upon the conviction of any person and suspension or postponement of
the person's driver's license, the court shall forward a report to
the New Jersey Motor Vehicle Commission (Commission) stating the first
and last day of the suspension or postponement imposed by the court
pursuant to this article. If a person at the time of the imposition
of the sentence is less than 17 years of age, the period of license
postponement, including a suspension or postponement of the privilege
of operating a motorized bicycle, shall commence on the day this sentence
is imposed and shall run for a period of six months after the person
reaches the age of 17 years. If the person at the time of the imposition
of the sentence has a valid driver's license issued by this state,
the court shall immediately collect the license and forward it to
the Commission along with a 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 date of the license suspension imposed by the
court.
B.
The court shall 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,
the person shall be subject to the penalties set forth in N.J.S.A.
39:3-40. The person shall be required to acknowledge receipt of the
written notice in writing. Failure to receive a written notice or
failure to acknowledge in writing the receipt of the written notice
shall not be a defense to a subsequent charge of a violation of N.J.S.A.
39:3-40.
C.
If the person convicted under
this article is not a New Jersey resident, the court shall suspend
or postpone, as appropriate, the nonresident driving privilege for
the person based on the age of the person and submit to the Commission
the required report. The court shall not collect the license of the
nonresident convicted under this article.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A.
An underage
person and one or two other persons acting in concert with the underage
person shall be immune from prosecution under this article if:
(1)
One
of the underage persons called 9-1-1 and reported that another underage
person was in need of medical assistance due to alcohol consumption;
(2)
The
underage person who called 9-1-1 and, if applicable, one or two other
persons acting in concert with the underage person who called 9-1-1
provided each of their names to the 9-1-1 operator;
(3)
The
underage person was the first person to make the 9-1-1 report; and
(4)
The
underage person and, if applicable, one or two other persons acting
in concert with the underage person who made the 9-1-1 call remained
on the scene with the person under the legal age in need of medical
assistance until assistance arrived and cooperated with medical assistance
and law enforcement personnel on the scene.
