[New]
This chapter is enacted to regulate the sale and transportation
of alcoholic beverages in the Township of Green Brook in accordance
with the provisions of an act of 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.S.A. 33:1-1 et seq., and in accordance with the rules
and regulations of the State Director of Alcoholic Beverage Control.
[New]
For the purpose of this chapter, words and phrases herein shall
have the same meaning as in N.J.S.A. 33:1-1 et seq., and the rules
and regulations of the Director of the Division of Alcoholic Beverage
Control.
[New]
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.
[New]
All licenses required by this chapter shall be issued by the
Mayor and Township Committee, which shall also administer the provisions
of this chapter.
[1973 Code § 2:1-5; New]
No person shall sell or distribute alcoholic beverages within the Township without obtaining a license in accordance with the act referred to in Section 6-1 and the provisions of this chapter.
[1973 Code §§ 2:1-6 and 2:1-9; Ord. 11-11-82 §§ 1 and 2; Ord. 4-13-89 §§ 1, 2; Ord. No. 2001-663; Ord.
No. 2002-667; Ord. No. 2003-673; Ord. No. 2004-685; Ord. No. 2005-697; Ord.
No. 2006-718]
The annual fees and maximum number of licenses for the sale
or distribution of alcoholic beverages in the Township shall be as
follows:
|
Class of License
|
Fee
|
Maximum Number
|
|---|---|---|
|
Plenary Retail Consumption License
|
$2,500
|
1
|
|
Plenary Retail Distribution License
|
$2,500
|
1
|
[1973 Code § 2:1-7]
Not more than one plenary retail consumption license shall be
issued and outstanding at the same time in the Township, but this
limitation shall not prevent the renewal of licenses presently outstanding
or the transfer of such licenses and the renewal of licenses so transferred.
No new plenary retail consumption license shall be issued unless and
until the number outstanding shall be less than one.
Nothing in this subsection shall be deemed to prohibit issuance
of a new license to a person who files application thereof within
60 days following the expiration of the license renewal period if
the State Director of Alcoholic Beverage Control shall have made a
favorable written determination, under N.J.S.A. 33:1-12.18, that the
applicant's failure to apply for a renewal was due to circumstances
beyond his control.
[1973 Code § 2:1-14; New]
a.
Sales, Service or Delivery Regulations. No alcoholic beverages shall
be sold, delivered or served in any licensed premises on any day between
the hours of 2:00 a.m. and 7:00 a.m., except Sundays and New Year's
Day each year as hereinafter provided.
b.
Consumption Regulations. No alcoholic beverages shall be consumed
in any licensed premises on any day between the hours of 2:30 a.m.
and 7:00 a.m., except Sundays and New Year's Day each year as
hereinafter provided.
[1973 Code § 2:1-14; New]
Provisions of subsection 6-4.1 shall not apply on Sundays.
a.
Sales, Service or Delivery Regulations. On Sundays, no alcoholic
beverages may be sold, served or delivered to the licensed premises
between the hours of 2:00 a.m. and 12:00 noon.
b.
Consumption Regulations. No alcoholic beverages may be consumed in
the licensed premises between the hours of 2:30 a.m. and 12:00 noon.
[1973 Code § 2:1-14; New]
The provisions of subsection 6-4.1 shall not apply on January 1. On that day alcoholic beverages may be sold, served, delivered to or consumed on the licensed premises during all hours when it falls on a weekday. When January 1 falls on a Sunday, alcoholic beverages may not be sold, served, delivered to or consumed between the hours of 5:00 a.m. and 12:00 noon.
[New]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any intoxicated
person or person under the legal age, or permit the consumption of
alcoholic beverages on any licensed premises by any of the above-named
persons.
[New]
During the hours that the sale of alcoholic beverages are prohibited,
the entire licensed premises shall be closed and no person shall be
admitted or permitted to remain thereon except the licensee or bona
fide employees of the licensee.
[1973 Code § 2:1-16]
All auto 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 licensed person shall maintain good order in the
parking spaces, and shall permit no disorderly conduct of any kind.
Former subsection 6-4.7, Musical Performances, Dancing Shows;
Permit Required, previously codified herein and containing portions
of 1973 Code § 2:1-17, was repealed in its entirety by Ordinance
No. 99-648.
[New]
No licensee shall sell or serve alcoholic beverages to persons
under the legal age.
It shall be unlawful for:
a.
A person under the legal age for purchasing alcoholic beverages to
enter any premises licensed for the retail sale of alcoholic beverages
for the purpose of purchasing, or having served or delivered to him
or her any alcoholic beverage; or
b.
A person under the legal age for purchasing alcoholic beverages to
consume any alcoholic beverage on premises licensed for the retail
sale of alcoholic beverages, or to purchase, attempt to purchase or
have another purchase for him any alcoholic beverage; or,
c.
Any person to misrepresent his age, or the age of any other person
for the purpose of inducing any licensee or any employee of any licensee,
to sell, serve or deliver any alcoholic beverage to a person under
the legal age for purchasing alcoholic beverages; or
d.
Any person to enter any premises licensed for the retail sale of
alcoholic beverages for the purpose of purchasing, or to purchase
alcoholic beverages, for another person who does not because of his
age have the right to purchase and consume alcoholic beverages.
Any person who shall violate any of the provisions of this subsection
shall be deemed and adjudged to be a disorderly person, and upon conviction
thereof, shall be punished by a fine of not less than $500. In addition,
the court shall suspend the person's license to operate a motor
vehicle for six months or prohibit the person from obtaining a license
to operate a motor vehicle in this State for six months beginning
on the date he becomes eligible to obtain a license or on the date
of conviction, whichever is later. In addition to the general penalty
prescribed for an offense, the court may require any person under
the legal age to purchase alcoholic beverages who violates this act
to participate in an alcohol education or treatment program authorized
by the Department of Health for a period not to exceed the maximum
period of confinement prescribed by law for the offense for which
the individual has been convicted. (N.J.S.A. 33:1-81)
[1973 Code § 2:1-19; New]
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 or regulations of the
State Director of Alcoholic Beverage Control.
Proceedings for suspension or revocation shall be in accordance
with the provisions of N.J.S.A. 33:1-31 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.
