[Ord. #8, § 1]
This Chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Tabernacle in accordance
with the provisions of an act of 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.
[Ord. No. 1998-9]
For the purpose of this Chapter, words and phrases herein shall
have the same meaning 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.
[Ord. No. 1998-9]
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. #8, § 2]
All licenses required by this Chapter shall be issued by the
Township Committee, which shall also administer the provisions of
this Chapter.
[Ord. No. 1998-9]
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. #1961-11, § 4; Ord. #1968-2, § 4;
Ord. #1970-2, § 1; Ord. #1975-9, § 1; Ord. #1977-19,
§ 1; Ord. #1981-3, § 4; Ord. #1982-4, § 4;
Ord. #1982-5, § 4; Ord. #1983-3, § 3; Ord. #1988-13,
§ 1; New; Ord. #1999-4, § I]
The annual fee of licenses and the maximum number of licenses
that shall or may be issued for the sale or distribution of alcoholic
beverages in the Township shall be as follows:
|
Class of License
|
Annual License
|
Number of Licenses
|
|---|---|---|
|
Plenary Retail Consumption License
|
$1,800.00
|
3
|
|
Plenary Retail Distribution License
|
$1,800.00
|
1
|
The annual license fee for plenary retail consumption and distribution
licenses shall increase by 20% each year, effective July 1, 1990,
to a maximum annual fee of $2,000.
[Ord. #8, § 6; Ord. #12/10/55, § 1]
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., Sundays and New Year's Day each year
as hereinafter provided.
[Ord. #8, § 6; Ord. #12/10/55, § 1; Ord.
#1990-1, § 1]
No licensee shall sell, serve, deliver or allow, permit or suffer
the sale, service or delivery of any alcoholic beverage on licensed
premises in the Township on Sundays between the hours of 2:00 a.m.
and 1:00 p.m. except that in those licensed premises where a restaurant
business is conducted and/or package goods are sold the sale, service,
delivery and consumption of alcoholic beverages shall be permitted
outside of the specified bar area on said premises after 10:00 a.m.
[Ord. #8, § 6; Ord. #12/10/55, § 1]
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 between the hours of 3:00 a.m. and 7:00 a.m. when it falls on a weekday. When January 1 falls on a Sunday, no alcoholic beverages may be sold, served, delivered or consumed between the hours of 3:00 a.m. and 1:00 p.m.
[Ord. No. 1998-9]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverage to an intoxicated person
or person under the legal age, nor permit consumption by the persons
named above.
[Ord. #8, § 8]
During the hours sales of alcoholic beverages are hereinbefore
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. No. 1998-9]
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.
[Ord. No. 1998-9]
No licensee shall sell, serve, deliver or allow, permit or suffer
the service or delivery of any alcoholic beverage, directly or indirectly,
to any person under the legal age.
[Ord. No. 1998-9]
It shall be unlawful for a person under the legal age to enter
any premises licensed for the retail sale of alcoholic beverages for
the purpose of purchasing, or having served or delivered to him or
her, any alcoholic beverage.
[Ord. No. 1998-9]
It shall be unlawful for a person under the legal age to consume
any alcoholic beverage on premises licensed for the retail sale of
alcoholic beverages, or to purchase, attempt to purchase or have another
purchase for him or her any alcoholic beverage.
[Ord. No. 1998-9]
It shall be unlawful for a person to misrepresent or misstate
his or her age or the age of any other person for the purpose of inducing
any retail license to sell, serve or deliver any alcoholic beverage
to a person under the legal age.
[Ord. No. 1998-9]
Any person who shall violate any of the provisions of this section
shall be deemed and adjudged to be a disorderly person, and upon conviction
thereof and in accordance with N.J.S.A. 33:1-81, shall be punished
by a fine of not less than $100. In addition, the Court shall suspend
the person's license to operate a motor vehicle for six months
or prohibit the person from obtaining a license to operate a motor
vehicle in this State for six months beginning on the date he becomes
eligible to obtain a license or on the date of conviction, whichever
is later. In addition to the general penalty prescribed for an offense,
the Court may require any person under the legal age to purchase alcoholic
beverages who violates this act to participate in an alcohol education
or treatment program authorized by the Department of Health for a
period not to exceed the maximum period of confinement prescribed
by law for the offense for which the individual has been convicted.
