[Ord. No. 112-03]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Upper Freehold in accordance
with the provisions of an Act of Legislature of the State of New Jersey
entitled "An Act Concerning Alcoholic Beverages" (Chapter 436 of the
Laws of 1933), its supplements and amendments, and also comprising
N.J.S. 33:1-1 et seq., and in accordance with the rules and regulations
of the Director of the Division of Alcoholic Beverage Control.
[Ord. No. 112-03]
For the purpose of this chapter, the words and phrases herein
shall have the same meaning as in N.J.S. 33:1-1 et seq., and the rules
and regulations of the Director of the Division of Alcoholic Beverage
Control.
[Ord. No. 112-03]
All applications for license, 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 of the United States.
[Ord. No. 112-03]
All licenses required by this chapter shall be issued by the
Township Committee, which shall also administer the provisions of
this chapter.
[Ord. No. 112-03]
No person shall sell or distribute alcoholic beverages within the Township without having obtained a license in accordance with the Act referred to in Section
6-1 and the provisions of this chapter, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
[1977 Code § 46-1; Ord. No. 1-1992; Ord. No. 1-1995 § 1; Ord. No. 75-01 § 1; New; Ord. No. 127-04; Ord. No.
175-06; Ord. No. 224-09]
The classes and maximum number of licenses to be issued by the
Township Committee are hereby fixed as follows and the annual fees
of licenses for the sale or distribution of alcoholic beverages in
the Township shall be as follows:
Class of License
|
License Fees
|
Number of Licenses*
|
---|
Plenary retail licenses
|
$1,710
|
2
|
Plenary retail distribution licenses
|
1,264
|
1
|
Club licenses
|
188
|
0
|
Notes:
|
*
|
For State law authorizing the Township to restrict number of
licenses to sell alcoholic beverages at retail, see N.J.S. 33:1-40.
|
[1977 Code § 46-2; Ord. No. 36-98 § 1; Ord. No. 40-98 § 46-2]
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.
[1977 Code § 46-3; Ord. No. 36-98 § 1; Ord. No. 40-98 § 46-3]
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 2:00 a.m. and 10:00 a.m.
[1977 Code § 46-2; Ord. No. 36-98 § 46-3.1; Ord. No. 40-98 § 46-3.1]
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 to or consumed between the hours of 3:00 a.m. and 10:00 a.m.
[1977 Code § 46-6; Ord. No. 112-03]
No licensee or employee of a licensee shall sell, service or
deliver, directly or indirectly, any alcoholic beverages to any intoxicated
person or person under the legal age, or permit the consumption of
alcoholic beverages on any licensed premises by any of the above-named
persons.
[Ord. No. 112-03]
During the hours when sales of alcoholic beverages are 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; provided, however, that such requirement
for the closing of the premises shall not apply to bona fide hotels
or restaurants as defined in N.J.S. 33:1-1(t) and to clubs eligible
for a club license under N.J.S. 33:1-12(5) and to other establishments
where the principal business is other than the sale of alcoholic beverages.
[1977 Code § 46-4]
No licensee shall sell or deliver or allow, permit or suffer
the sale or delivery of any alcoholic beverage at retail in original
containers for consumption off the licensed premises on Sunday or
before 9:00 a.m. or after 10:00 p.m. on any other day of the week.
[1977 Code § 46-5]
a. Each licensee permitted to sell at retail for off-premises consumption
shall keep prominently displayed, on or near the entrance to the licensed
premises and clearly visible from the exterior, a sign not less than
10 by 12 inches in size stating clearly and legibly the legal hours
during which the sale of alcoholic beverages in original containers
for off-premises consumption is permitted.
b. A licensee who, though privileged under his license to do so, sells no alcoholic beverages in original containers for off-premises consumption may, in lieu of the notice required in subsection
a above, post a notice of the same size and in the same location stating clearly and legibly that no alcoholic beverages are sold for off-premises consumption.
[Ord. No. 112-03]
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. 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.
[1977 Code § 46-6; Ord. No. 112-03]
No licensee shall sell or serve alcoholic beverages to persons
under the legal age.
[1977 Code § 46-9]
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 licensee or an employee of a retail licensee to sell, serve
or deliver any alcoholic beverage to a minor.
[1977 Code §§ 46-7, 46-8; Ord. No. 112-03]
It shall be unlawful for:
a. A person under the legal age for purchasing alcoholic beverages 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; or
b. A person under the legal age for purchasing alcoholic beverages 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; or
c. Any person to enter any premises licensed for the retail sale of
alcoholic beverages for the purpose of purchasing, or to purchase
alcoholic beverages, for another person who does not because of his/her
age have the right to purchase and consume alcoholic beverages.
Any person who shall violate any of the provisions of this subsection
shall be deemed and adjudged to be a disorderly person, and upon conviction
thereof, in accordance with N.J.S. 33:1-81, as amended, 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/she 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.