[HISTORY: Adopted by the Township Council of the Township
of Pequannock 7-22-1997 as Ch.
043 of the 1997 Code. Amendments noted where applicable.]
No person shall sell, serve or distribute alcoholic beverages
within the Township without first obtaining a license under this article.
[Amended 7-22-1997 by Ord. No. 1997-13; 2-24-2004 by Ord. No. 2004-05]
The annual fees for licenses issued pursuant to this article shall be as provided in Chapter 152, Fees.
No limited retail distribution license and no seasonal retail
consumption license shall be granted within the Township.
A.
Not more than five plenary retail
consumption licenses, not more than three plenary retail distribution
licenses and not more than four club licenses shall be issued and
outstanding at the same time in the Township. No more than two plenary
retail distribution licenses shall be issued for premises on the road
known as the "Turnpike." This limitation shall not prevent the renewal
of plenary retail consumption licenses presently outstanding or the
transfer or the renewal of such licenses so transferred.
[Amended 3-12-2019 by Ord. No. 2019-03]
B.
Nothing in this section shall be
construed to prohibit the granting of a new plenary retail consumption
license to a person operating a hotel or motel containing at least
50 sleeping rooms, provided that there shall be no renewal or transfer
of a license newly issued hereunder except for or to a hotel or motel
containing at least 50 sleeping rooms.
No plenary retail distribution license shall be issued to permit
the sale of alcoholic beverages in or upon any premises in which any
other mercantile business is carried on, except that it shall be lawful
for a licensee to sell cocktail cherries, onions, olives, hors d'oeuvres,
packaged snacks, nuts and similar food items normally associated with
the retail liquor business.
A.
No plenary retail consumption licenses
shall be issued for or transferred to premises:
(1)
Located within 1,500 feet of
premises for which a plenary retail distribution license or a plenary
retail consumption license shall be outstanding. The distance shall
be measured in the normal way that a pedestrian would properly walk
from the nearest entrance of the licensed premises to the nearest
entrance of the premises sought to be licensed.
(2)
With less than 1,500 square
feet of service area.
(3)
With a bar of less than sufficient
size to service 12 persons or equipped with fewer than 12 stools or
seats.
(4)
With less than the minimum
sanitary facilities required by state and local Board of Health regulations
concerning restaurants.
B.
This section shall not prevent
the renewal or person-to-person transfer of premises licensed under
a plenary retail consumption license as of January 12, 1964.
The issuance of club licenses shall be governed by the following
provisions:
A.
CLUB
CLUB MEMBER
For the purpose of this section,
the following words and terms shall be deemed to have the meanings
herein given to them:
An organization, corporation or association consisting of
60 or more persons operating solely for benevolent, charitable, fraternal,
social, religious, athletic or similar purposes, and not for private
gain.
Any person in good standing who has been admitted to membership
in the manner regularly prescribed by the bylaws of a club and who
maintains his membership in a bona fide manner and whose name and
address are entered on the list of members.
B.
Club licenses shall be issued only
to bona fide clubs.
C.
Except as provided in Subsection E of this section, no license shall be issued to any club unless it shall have been in active operation in the state for at least three years continuously immediately prior to the submission of its application for a license.
D.
Except as provided herein or in Subsection E of this section, no license shall be issued to any club unless it shall have been in exclusive possession and use of a clubhouse or club quarters for at least three years continuously immediately prior to the submission of its application for a license. A bona fide club which has been in active operation in this state for the period of time required as aforesaid, but which has been deprived of continuous possession and use of its clubhouse or club quarters by reason of foreclosure, dispossession or other removal for a cause other than violation of the laws of the state or of a provision of this article or any other Township ordinance, shall not be prevented thereby from obtaining a club license upon presenting to the satisfaction of the issuing authority proof of such facts and proof that possession of suitable premises has been obtained.
E.
Any constituent unit, chartered
or otherwise duly enfranchised chapter or member club of a national
or state order, organization or association, which is in possession
of suitable premises, shall not be prevented from obtaining a club
license by reason of the fact that the unit, chapter or member club
has not been in active operation in this state for at least three
years continuously or has not been in exclusive continuous possession
and use of a clubhouse or club quarters for the same period of time
if such unit, chapter or member club obtains from the Director of
the Division of Alcoholic Beverage Control of the state and presents
to the issuing authority, at the time of or before the issuance of
the license, a certificate stating that satisfactory proof has been
submitted to the Director that such unit, chapter or member club has
been duly credentialed by a national or state order, organization
or association which has been in active operation in this state for
at least three years continuously immediately prior to submission
of the application for a license.
G.
No club license shall be issued
to any corporation, association or organization unless all officers
and members of the governing body thereof qualify as individual applicants
in all respects except as to residence or age or citizenship.
H.
A list containing the names and
addresses of all members of the club as of the date of filing a club
license application shall be submitted with the application. The charter
or articles of association of the club shall also be presented for
inspection or a certified copy of the same submitted with the application.
I.
No club licensee shall sell, serve
or deliver or allow, permit or suffer the sale, service or delivery
of any alcoholic beverage to any person not a bona fide member of
the club or a bona fide guest of such member.
J.
No club licensee shall sell, serve
or deliver or allow, permit or suffer the sale, service or delivery
of any alcoholic beverage except for consumption on the licensed premises.
K.
No club licensee shall sell, serve
or deliver or allow, permit or suffer the sale, service, delivery
or consumption of any alcoholic beverage on the licensed premises
during hours or on days when plenary retail consumption licensees
in this Township are prohibited from such activity by the provisions
of this Code or other Township ordinance.
L.
No club licensee shall sell, serve
or deliver any alcoholic beverage to the holder of any permit authorizing
sale of alcoholic beverages at a social affair to be conducted by
the permittee, or to any person attending such social affair on the
club licensed premises, unless such person is in fact a bona fide
member of the licensee club or a bona fide guest of such member.
M.
All club licensees shall have and
keep a true book or books of account wherein there shall be entered
all money received and the source of such receipts and wherein there
shall also be entered all money expended from such receipts and the
name of the person receiving such expenditures and the purpose for
which such expenditures were made. All books and records pertaining
to such receipts or expenditures shall be made available for inspection
by the Director of the Division of Alcoholic Beverage Control or other
issuing authority, as the case may be, or by his or its deputies,
inspectors, investigators and agents.
No licensee under this article shall sell, deliver or allow,
permit or suffer the sale, service or delivery of any alcoholic beverage
or permit the consumption of any alcoholic beverage on any licensed
premises on New Year's Day, when it is a Sunday, between the hours
of 5:00 a.m. and 12:00 noon, there being no restriction as to hours
on New Year's Day when it is a weekday; on other weekdays, between
the hours of 2:00 a.m. and 6:00 a.m.; on other Sundays between the
hours of 2:00 a.m. and 9:00 a.m.
[Added 4-24-2001 by Ord.
No. 2001-03]
It is hereby unlawful for any person under the legal age to,
without legal authority, knowingly possess or knowingly consume an
alcoholic beverage on private property.
A.
Any person found guilty of violating
the terms of this article shall be subject to a fine of $250 for the
first offense and a fine of $350 for any subsequent offense. In addition,
the court may, upon a finding of guilty, in addition to the fine authorized
for this offense, suspend or postpone for six months the driving privileges
of the defendant. Upon the conviction of any person and the suspension
or postponement of that person's driver's license, the court shall
forward a report to the Division of Motor Vehicles stating the first
and last day of the suspension or postponement period imposed by the
court pursuant to this section. If a person at the time of the imposition
of a sentence is less than 17 years of age, the period of license
postponement, including a suspension or postponement of the privilege
of operating a motorized bicycle, shall commence on the day the sentence
is imposed and shall run for a period of six months after the person
reaches the age of 17 years. If the defendant at the time of the imposition
of the sentence has a valid driver's license issued by this state,
the court shall immediately collect the license and forward it to
the Division of Motor Vehicles along with the report. If for any reason
the license cannot be collected, the court shall include in the report
the complete name, address, date of birth, eye color, and sex of the
person, as well as the first and last date of the license suspension
period imposed by the court.
B.
The court shall inform the person
orally and in writing that if the person is convicted of operating
a motor vehicle during the period of license suspension or postponement,
the person shall be subject to the penalties set forth in N.J.S.A.
39:3-40. The defendant shall be required to acknowledge receipt of
the written notice in writing. Failure to receive a written notice
or failure to acknowledge in writing the receipt of the written notice
shall not be a defense to a subsequent charge of a violation of N.J.S.A.
39:3-40.
C.
If the person convicted under
this article is not a New Jersey resident, the court shall suspend
or postpone, as appropriate, the nonresident driving privilege of
the person based on the age of the person and submit to the Division
the required report. The court shall not collect the license of a
nonresident convicted under this article. Upon receipt of a report
by the court, the Division shall notify the appropriate officials
in the licensing jurisdiction of the suspension or postponement.
A.
This article shall not prohibit
an underage person from consuming or possession an alcoholic beverage
in connection with a religious observance, ceremony, or rite or consuming
or possessing an alcoholic beverage in the presence of and with the
permission of a parent, guardian or relative who has attained the
legal age to purchase and consume alcoholic beverages.
B.
This article shall not prohibit
the possession of alcoholic beverages by any underage person while
actually engaged in the performance of employment by a person who
is licensed under Title 33 of the Revised Statutes, or while actively
engaged in the preparation of food while enrolled in a culinary arts
or hotel management program at a county vocational school or post-secondary
educational institution; however, this article shall not be construed
to preclude the imposition of a penalty under this article, N.J.S.A.
33:1-81, or any other section of law against a person who is convicted
of unlawful alcoholic beverage activity on or at premises licensed
for the sale of alcoholic beverages.
As used in this article, the following terms shall have the
meanings indicated:
A person who has qualified as a guardian of the underage
person pursuant to a testamentary or court appointment.
The underage person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
An underage person and one or two other persons acting in concert with the underage person shall be immune from prosecution under § 94-9 if:
(1)
One of the underage persons called 9-1-1 and reported
that another underage person was in need of medical assistance due
to alcohol consumption;
(2)
The underage person who called 9-1-1 and, if applicable,
one or two other persons acting in concert with the underage person
who called 9-1-1 provided each of their names to the 9-1-1 operator;
(3)
The underage person was the first person to make
the 9-1-1 report; and
(4)
The underage person and, if applicable, one or
two other persons acting in concert with the underage person who made
the 9-1-1 call remained on the scene with the person under the legal
age in need of medical assistance until assistance arrived and cooperated
with medical assistance and law enforcement personnel on the scene.
