This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Scotch Plains 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 R.S. 33: 1-1 et seq., and in accordance with the rules and regulations of the State Director of Alcoholic Beverage Control.
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.
[Ord. No. 68-10; New; Ord. No. 89-16; Ord. No. 91-14]
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.
All licenses required by this chapter shall be issued by the Township council, which shall also administer the provisions of this chapter.
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-l and the provisions of this chapter.
The annual fees of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:
[Ord. No. 68-10; New; Ord. No. 80-18; Ord. No. 89-41; Ord. No. 95-47; Ord. No. 35-2000]
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 on Sundays and New Year's Day each year as hereinafter provided.
Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages may be sold, served, delivered or consumed in the licensed premises between the hours of 2:00 a.m. and 9:00 a.m. on December 24 and December 31, 2000 or any year thereafter when Christmas Eve or New Year's Eve falls on a Sunday.
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 5:00 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 5:00 a.m. and 1:00 p.m.
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, nor 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.
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.
All licensees shall display conspicuously in the place of business the license issued by the Township Council of the Township of Scotch Plains, as well as the Federal Stamp Tax. Licensees shall not keep a disorderly house, nor suffer any person to game in the place for money or the value of money; and shall maintain good order and rule in the place of business, and abide by and observe all the provisions of this chapter and the rules and regulations that may be enacted in the future.
Every person licensed to sell alcoholic beverages at retail for consumption on the premises, except holders of club licenses, or hotels, shall so arrange the doors, windows and partitions of the premises licensed for the sale of alcoholic beverages so that an unobstructed view of the interior thereof may be had from the street; doors or windows, or both, and no window blind, screen partition, curtain or other article shall be so left or placed as to prevent an unobstructed view of the interior of the premises licensed as aforesaid..
All parking spaces maintained by any licensee to accommodate patrons of any licensed place or used by patrons thereof for such purpose, shall, during business hours, be sufficiently illuminated so that persons occupying the parked cars may be readily seen from the outside. Every owner or occupier of a licensed premises shall maintain good order in the parking spaces, and shall permit no disorderly conduct of any kind.
No licensee shall sell or serve any alcoholic beverages to any person under the age of 21 years of age, except as provided by State Statute.
[Ord. No. 68-10]
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 and 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: l-31 by a 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.
[Ord. No. 84-7]
No licensee shall engage in or shall allow, permit or suffer any person employed by such licensee to perform any dancing or other entertainment in or on any part of the alcoholic beverage licensed premises in a lewd, licentious or lascivious manner.
No licensee shall engage in or shall allow, permit or suffer any person to appear on the premises of any establishment licensed for the sale and distribution of alcoholic beverages, in any act, scene, sketch or other form of entertainment, including dancing for the benefit of patrons, with breasts or lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.
No licensee shall employ, allow, permit or suffer any waitress, barmaid or any other person who comes in contact with or is likely to come in contact with the patrons of any establishment licensed for the sale and distribution of alcoholic beverages, to appear in the presence of such patrons with breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.
A violation of any of the provisions of this section shall be punishable upon conviction by a fine of not more than $500 or imprisonment not to exceed 90 days, or both. Each and every day such violation exists shall constitute a separate offense.