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.
[Ord. 11/4/64]
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.
[Ord. 4/14/70]
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.
[Ord. 11/4/64; Ord. 6/22/67; Ord. 4/14/70; Ord. 1978-31; Ord. 1980-44; Ord. 1985-9; Ord. 1989-17; Ord. 2002-12; Ord. 2004-3]
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:
|
Class of License
|
Annual License Fee
|
No. of Licenses
|
---|
a.
|
Plenary retail consumption license
|
|
8
|
|
Year 2004
|
$2,400
|
|
|
Year 2005 and thereafter
|
$2,500
|
|
b.
|
Plenary retail distribution license
|
|
3
|
|
Year 2004
|
$2,400
|
|
|
Year 2005 and thereafter
|
$2,500
|
|
c.
|
Club license
|
|
6
|
|
Year 2004
|
$180
|
|
|
Year 2005 and thereafter
|
$188
|
|
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.
[Ord. 11/4/64; Ord. 73-22; Ord. 1979-34; Ord. 1981-24; Ord. 1986-26]
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.
[Ord. 11/4/64]
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.