[New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Hopewell 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.
[1]
Editor's Note: Ord. No. 21-1758, adopted 8-16-2021, amended
the title of this chapter from Alcoholic Beverage Control to Alcoholic
Beverage and Cannabis 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.
[Ord. #7/15/74]
All licenses required by this chapter shall be issued by the
mayor and 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. #7/15/74]
The annual fees of licenses for the sale or distribution of alcoholic beverages in the township shall be as contained in Chapter 10.
Licenses shall run for one year from July 1 to June 30 following;
inclusive. 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 Laws 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 licenses 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. #7/15/74]
No alcoholic beverages shall be sold, delivered or served to
or consumed in any licensed premises on any day between the hours
of 2:30 a.m. and 7:00 a.m. except Sundays and New Year's Day each
year as hereinafter provided.
[Ord. #7/15/74; Ord. #740-87, § 1]
The 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 any establishment for which a plenary retail consumption license is held between the hours of 2:30 a.m. and 11:00 a.m.
[Ord. #7/15/74; Ord. #740-87, § 2]
The provisions of subsection 6-4.1 shall not apply on January 1. On that day alcoholic beverages may be sold, served, delivered or consumed in a licensed premises at all times if January 1 is a weekday. When New Year's Day is a Sunday, no alcoholic beverages shall be sold, served, delivered to or consumed in any establishment for which a plenary retail consumption license is held between the hours of 5:00 a.m. and 11:00 a.m.
[Ord. #7/15/74]
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
of persons, or permit any such person to congregate in or about the
licensed premises.
[Ord. #7/15/74]
No licensee shall directly or indirectly solicit from house
to house personally or by telephone, the purchase of alcoholic beverages
nor allow, permit or suffer such solicitation.
[Ord. #7/15/74; Ord. #644-83]
No licensee shall allow, permit or suffer in or upon the licensed
premises the habitual presence of any known prostitute, gangster,
racketeer, notorious criminal, or other person of ill repute.
[Ord. #7/15/74]
No licensee shall allow, permit, or suffer in or upon the licensed
premises any disturbances, lewdness, immoral activities, brawls, or
unnecessary noise, or allow, permit, or suffer the licensed place
of business to be conducted in such manner as to become a nuisance.
[Ord. #7/15/74]
No licensee shall allow, suffer or permit any illegal lottery
to be conducted, or any ticket, or participation right in any lottery
to be sold or offered for sale, on or about the licensed premises.
[Ord. #7/15/74]
No licensee shall engage in or allow, permit, or suffer any
poolselling, bookmaking or any playing for money at faro, roulette,
rouge et noir or any unlawful game or gambling of any kind, or any
device or apparatus designed for any such purpose, on or about the
licensed premises.
[Ord. #7/15/74]
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.
[Ord. #7/15/74]
No licensee shall manufacture, transport, possess, sell, barter,
give away, offer for sale or furnish any alcoholic beverages adulterated
with methanol, alkaloids, acetone, phenols, formaldehyde, isopropyl,
alcohol or other poisonous substance whatsoever.
[Ord. #7/15/74]
No licensee shall manufacture, sell, offer for sale, possess,
allow, permit or suffer on or about the licensed premises any candy
containing rum, cognac, brandy, cordial or other alcoholic beverage,
generally known as liquored candy.
[Ord. #7/15/74]
No licensee shall receive, possess, or sell any alcoholic beverages
transported into this State in violation of the Rules Governing the
Transportation of Alcoholic Beverages into New Jersey promulgated
or to be promulgated by the Director of the Division of Alcoholic
Beverage Control.
[Ord. #7/15/74]
No retail distribution licensee shall permit any alcoholic beverages
sold by him to be consumed on the licensed premises, nor shall be
permit their containers to be opened on the licensed premises.
[Ord. #7/15/74]
Licensed premises shall at all times be kept in a safe, clean
and sanitary condition. All rooms, passageways, entrances, exits and
stairways must be well lighted.
[Ord. #7/15/74]
No person shall be served in any room or place which is not
open to the public generally, except that in hotels guests may be
served in their rooms or in private dining rooms, and further provided
that this regulation shall not apply to club licenses.
[Ord. #7/15/74]
All places in which alcoholic beverages are sold or dispensed,
excepting those which hold club licenses, and guests' rooms and private
dining rooms in hotels, shall at all hours be so arranged, and blinds
open, so that a full view of the interior may be had from the public
thoroughfare or from adjacent rooms to which the public is freely
admitted. All such premises during business shall be lighted sufficiently
so that a full view of the interior may be had by the public.
[Ord. #7/15/74]
No licensee or other person shall interfere with any inspection
or search of the premises for which a license has been issued, or
of any building containing the same, by any duly authorized agent
of the Federal, State or municipal government, nor shall any licensee
interfere with any such duly authorized agent testing or taking reasonable
samples of any alcoholic beverage on the premises for which a license
has been issued, or in any building containing the same.
[Ord. #7/15/74]
No person, other than the licensee, shall have any interest,
directly or indirectly, in the license granted or the business to
be conducted under the license, without a full disclosure having been
made, either in the application for the license or as soon after the
interest in the license or in the business conducted under the license
shall have come into being.
[Ord. #7/15/74]
No person shall possess, have custody of, offer for sale, or
sell, any illicit beverage in violation of this chapter or the Alcoholic
Beverage Control Act.
[Ord. #7/15/74]
Each licensee shall at all times conspicuously display his license
and these regulations in a place convenient for inspection in the
main business room of the licensed premises. He shall keep a true
copy of the application for the current license on the licensed premises
as well as a list in the form prescribed by the Director of the Division
of Alcoholic Beverage Control containing the names, address and other
required information regarding all persons currently employed on the
licensed premises. Such license application and list shall be available
for the inspection of any officer as defined in N.J.S.A. 33:1-1p.
[Ord. #7/15/74; Ord. #588-81; Ord. #644-83]
No licensee shall sell or serve any alcoholic beverage to any
person under the legal age as established by State Statutes.
[Ord. #7/15/74; Ord. #588-81; Ord. #644-83]
It shall be unlawful for a person under the legal age as established
by State Statute to enter any premises licensed for the sale of alcoholic
beverages for the purpose of purchasing or having served or delivered
to him/her any alcoholic beverage.
[Ord. #7/15/74; Ord. #588-81; Ord. #644-83]
It shall be unlawful for a person under the legal age as established
by State Statute to consume any alcoholic beverage 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.
[Ord. #7/15/74; Ord. #588-81; Ord. #644-83]
It shall be unlawful for any person under the legal age as established
by State Statute to misrepresent or misstate his age for the purpose
of inducing any retail licensee to sell, serve or deliver any alcoholic
beverage to him.
[Ord. #7/15/74; Ord. #588-81; Ord. #644-83]
No person under the legal age as established by State Statute
shall be permitted to sing, dance, perform, act, play in any orchestra,
or in any manner exhibit himself or herself in any performance or
entertainment held, given, offered or conducted on the licensed premises.
[Ord. #7/15/74; Ord. #588-81; Ord. #644-83]
Persons under the legal age as established by State Statute
shall not be allowed to frequent, loiter or remain in any room or
rooms used or devoted to the sale, service or consumption of alcoholic
beverages upon a licensed premises, unless accompanied by a parent,
guardian or adult husband or wife; provided that this provision shall
not apply to restaurants, or to guests' rooms and private and public
dining rooms in hotels.
[Ord. #7/15/74]
Any officer, as defined in N.J.S.A. 33:1-1p, shall have full
authority to inspect, investigate and supervise the licensed premises
for the purpose of enforcing the provisions of these regulations,
the Alcoholic Beverage Control Act or any rules or regulations promulgated
thereunder.
[Ord. #7/15/74]
Any person who shall knowingly aid or abet another in the violation
of any provision of these regulations shall be punishable in the same
manner as the violation aided or abetted.
Any attempt to evade these regulations or any provisions thereof,
either directly or indirectly, by acquiescence, collusion or connivance
by or with any licensee, his agents, servants or employees, shall
be considered a violation of these regulations.
[Ord. #7/15/74]
Whenever there shall be a conviction for violation of any provision
of this chapter, the judge shall forthwith certify such conviction
to the township committee. Where the conviction is of a person other
than a licensee, the judge shall indicate the name of the licensee
upon whose premises the violation occurred.
[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 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 chapter.[1]
[1]
Editor's Note: Former Section 6-10, Cannabis Establishments
Prohibited, added 8-16-2021 by Ord. No. 21-1758, which immediately followed this
section, was repealed 4-18-2022 by Ord. No. 22-1770.
