Laws concerning alcoholic beverage control are contained in Title 33 of the Revised Statutes. All ordinances must be in conformity with these provisions and approved by the Director of Alcoholic Beverage Control, R.S. 33:1-40. State law prescribes the types of licenses that may be issued, their number, permissible license fees and the regulation of licensed premises, R.S. 33:1-40.
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of East Windsor 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 to 33:1-96, and in accordance with the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
For the purposes of this chapter, words and phrases herein shall have the same meanings as they have in R.S. 33:1-1 to 33:1-96, and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
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 8-1, and all other applicable laws of the State of New Jersey or the United States.
All licenses required by this chapter shall be issued by the council, which shall also administer the provisions of this chapter.
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 8-1 and the provisions of this chapter.
Proof of publication of notice of application for a license or the renewal or transfer of a license shall be furnished the clerk immediately after the second publication of the notice, and shall be in the form prescribed by the State rules and regulations.
All written objections and petitions protesting the issuance or transfer of any alcoholic beverage license shall be dated and signed after the first notice of the application has been published.
All licenses shall be for a term of one year from the 1st day of July in each year, and all fees shall be paid in advance on presentation of the application; provided, however, that a licensee who shall voluntarily surrender his license, and who shall not have committed any violation of this chapter, or of any rule or regulation, and who shall have paid all taxes, setoffs or counterclaims that may have become due to the State of New Jersey or the township, shall be entitled, after deduction of 50 percent of the fees as a surrender fee, to the prorated fee for the unexpired term.
The annual license fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the township shall be as follows:
The provisions of this subsection with respect to the limitations on the number of licenses shall not apply to the renewal or transfer of licenses presently issued.
The number of plenary retail consumption licenses issued and outstanding shall not be deemed to include licenses issued to a bona fide hotel or motel eligible for a license under N.J.S.A. 33:1-12.20 et seq.
No alcoholic beverage shall be sold, delivered, served or consumed in any licensed retail consumption premises on any day between the hours of 2:00 a.m. and 7:00 a.m. except that on Sunday no alcoholic beverages shall be sold, delivered, served or consumed between the hours of 2:00 a.m. and 9:00 a.m.
The provisions of this subsection shall not apply to January 1. On that day no alcoholic beverages may be sold, delivered or consumed in the licensed premises between the hours of 4:00 a.m. and 7:00 a.m.
No licensee shall sell, deliver or allow, permit or suffer the sale or delivery of any alcoholic beverage, at retail, in its original container for consumption off the licensed premises or allow, permit or suffer the removal of any alcoholic beverage, in its original or opened container from retail licensed premises before 9:00 a.m. or after 10:00 p.m. on any day of the week; except that, whenever the sale of alcoholic beverages for consumption on the premises and off the premises or either thereof is authorized by rule or regulation of the Division of Alcoholic Beverage Control by the holder of a retail consumption or retail distribution license such rule shall authorize the sale by such licensees of wine or malt alcoholic beverage, in original bottle or can containers for consumption off the premises on the same days and during the same hours as the sale of alcoholic beverages for consumption on the premises is permitted and authorized in the township.
No person under the age of 18 years shall be permitted to sing, dance, perform, act, play in any orchestra, or in any manner exhibit himself in any performance or entertainment held, given, offered or conducted on the licensed premises.
No hostesses, waitresses, female entertainers or female employees shall be served with any alcoholic beverage or otherwise on a licensed premises, nor shall they be permitted to sit at any table or stand at any bar with any person, patron or customer visiting the licensed premises.
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 first having been made, either in the application for the license or as soon after the interest in the license or in the business conducted wider the license shall have come into being.
A license issued under this chapter may be suspended or revoked for violation of a provision of this chapter or a 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. 33:1-1 to 33:1-96 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.