[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.
