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.
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.
The issuance of club licenses shall be governed by the following
provisions:
A. For the purpose of this section,
the following words and terms shall be deemed to have the meanings
herein given to them:
CLUB
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.
CLUB MEMBER
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.
F. Nothing in Subsection
C or
D of this section shall prevent the issuance of a club license to a bona fide club if special cause for such issuance is shown in writing to the Director and if the Director's written approval of such issuance is first obtained.
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.
As used in this article, the following terms shall have the
meanings indicated:
GUARDIAN
A person who has qualified as a guardian of the underage
person pursuant to a testamentary or court appointment.
RELATIVE
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.
B. The underage person who received medical assistance as provided in Subsection
A of this section also shall be immune from prosecution under §
94-9.