[Adopted 10-21-1935]
The purpose of this article is to fix license
fees and regulate the sale of alcoholic beverages in the Township
of Greenwich, County of Gloucester and State of New Jersey, in accordance
with the provisions of an Act of the Legislature entitled "An Act
Concerning Alcoholic Beverages," Chapter 436, P.L. 1933, as amended
and supplemented,[1] in accordance with the rules and regulations promulgated
or to be promulgated by the State Commissioner of Alcoholic Beverage
Control applicable hereto, and in accordance with the rules and regulations
existing herein or hereafter adopted by competent municipal authority
not in consistent with said Act or said rules and regulations of said
State Commissioner.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
It shall be unlawful to sell or distribute alcoholic
beverages otherwise than as provided in this article and/or said Act.
The Township Council of the Township of Greenwich
in the County of Gloucester, being the governing body of said municipality,
shall constitute the authority for the administration of the issuance
of licenses hereunder.
All licenses issued hereunder shall be issued
for the term of one year from the first day of July in each year and
shall be subject to and controlled by the provisions of this article
and the provisions of an Act of the Legislature of the State of New
Jersey entitled "An Act Concerning Alcoholic Beverages," passed December
6, 1933, and its amendments and supplements, and to such rules and
regulations as the State Commissioner of Alcoholic Beverage Control
has now established or may hereafter promulgate, as well as such other
reasonable regulations as the Township Council of the Township of
Greenwich may hereafter establish.
[Amended 5-7-1956]
A.
All licenses issued hereunder shall be subdivided and classified
as follows, and shall be subject to the following license fees:
(1)
Plenary retail consumption license. The holder of this license shall
be entitled, subject to all rules and regulations governing the same,
to sell for consumption on the licensed premises any alcoholic beverages
by the glass or by other open receptacle, and also to sell all alcoholic
beverages in original containers for consumption off the licensed
premises.
The annual fee for this license shall be as follows:
(2)
Seasonal retail consumption license. The holder of this license shall
be entitled, subject to all rules and regulations governing the same,
to sell for consumption on the licensed premises any alcoholic beverages
by the glass, or by other open containers for consumption off the
licensed premises, during the term for which such license is issued.
The fee for this license shall be 75% of the plenary retail consumption
fee.
(3)
Plenary retail distribution license. The holder of this license shall
be entitled, subject to all rules and regulations governing same,
to sell for consumption any alcoholic beverages for consumption off
the licensed premises, but only in original containers. The annual
fee for this license shall be as follows:
(4)
Club license. The holder of this license shall be entitled, subject
to all regulations and rules governing the same, to sell only to bona
fide club members and their guests alcoholic beverages intended for
immediate consumption on the licensed premises. The annual fee for
this license shall be $188.
(5)
Limited retail distribution license. No limited retail distribution
license shall be granted within the Township of Greenwich.
B.
Limitation of licenses. In authorizing the issuance
of the foregoing classes of licenses, the Township Council shall limit
the same in number according to classes as follows: plenary retail
consumption license: three; seasonal retail consumption license: one,
provided that the limitation on plenary retail consumption licenses
has not been reached, and if such limitation has been reached, then
no seasonal retail consumption license shall be granted; plenary retail
distribution license: one; club license: three.
C.
Hotels and motels.
(1)
In addition to the licenses set forth in previous
subsections, the Township Council of the Township of Greenwich may
issue one or more plenary retail consumption licenses to hotels or
motels containing at least 100 guest sleeping rooms.
[Added 2-17-1975]
(2)
Notwithstanding any provision of this chapter to the
contrary, hotels and motels containing at least 100 guest sleeping
rooms may serve alcoholic beverages at tables for the consumption
of dining patrons on Sundays, between the hours of 1:00 p.m. and 10:00
p.m., prevailing time.
[Added 7-7-1975]
No alcoholic beverages shall be sold, served
or delivered to any person under the age of 21 years, nor shall there
be any sale or delivery of any such beverage to any person wearing
a uniform of the Fire or Police Department of this Township.
[Amended 2-16-1948; 12-19-1949; 5-16-1955; 9-15-1975; 10-4-1976; 12-19-1977 by Ord. No. 12-1977; 11-20-1978 by Ord. No. 9-1978; 7-15-1985 by Ord. No. 11-1985; 11-7-1988 by Ord. No. 20-1988; 11-15-1993 by Ord. No. 21-1993; 12-4-1995 by Ord. No. 19-1995; 4-20-1998 by Ord. No. 5-1998]
A.
No alcoholic beverages shall be sold, served or delivered,
nor shall any licensee suffer or permit the sale, service or delivery
of any alcoholic beverages, directly or indirectly, upon the licensed
premises between the hours of 2:00 a.m. and 8:00 a.m. on weekdays
or at any time after 2:00 a.m. on Sundays, except all licensees shall
be permitted to sell or serve alcoholic beverages between the hours
of 11:00 a.m. and 10:00 p.m. on Sundays. Licensees authorized to permit
consumption on the licensed premises shall be allowed the period of
one-half hour after the closing time specified herein to have the
licensed premises cleared of all patrons, and no consumption of alcoholic
beverages shall be permitted after one-half hour past the closing
time. The hours mentioned shall be construed to indicate the prevailing
time in effect in the municipality, and any sale, service or delivery
of alcoholic beverages upon the licensed premises between 2:00 a.m.
on Sunday and 8:00 a.m. on Monday shall be construed to have taken
place on a Sunday.
[Amended 12-20-2010 by Ord. No. 21-2010[1]]
[1]
Editor's Note: Pursuant to N.J.S.A. 33:1-47.1, this ordinance
was subject to referendum. A referendum to increase the hours of liquor
sales on Sundays appeared on the ballot for the 11-2-2010 general
election. The referendum was approved by the voters.
B.
Whenever New Year's Day, Memorial Day and the Fourth
of July fall on a Sunday in any calendar year, the hours for sale
of alcoholic beverages shall be extended from 12:00 midnight from
the Saturday previous to 2:00 a.m. of the Sunday on which the above
holiday may fall.
C.
Super Bowl Sunday is a day on which alcoholic beverages
may be sold from 12:00 noon until 2:00 a.m. the following morning.
This provision shall apply to all establishments including club licensees.
D.
The hours for the permitted sale, service and delivery
of alcoholic beverages are extended each year to 4:00 a.m. on Memorial
Day, the Fourth of July and on the morning of January 1.
E.
All licensees shall be permitted to operate as within
the limits established by state law and/or regulation for Sunday operation.
F.
Whenever New Year's Eve falls on a Sunday in any calendar
year, alcoholic beverages may be sold from 12:00 p.m. until 4:00 a.m.
the following morning. This provision shall apply to all establishments
including club licensees.
[Added 12-28-2000 by Ord. No. 36-2000]
[Amended 5-15-1972]
All establishments or premises holding retail
distribution, consumption and club licenses in the Township of Greenwich,
County of Gloucester and State of New Jersey may be open on all election
days, including primary and general elections, during the regular
business hours which presently regulate such establishments.
No alcoholic beverage shall be sold, served
or delivered, nor shall any licensee suffer or permit the sale, service
or delivery of any alcoholic beverage, directly or indirectly, to
any mentally defective, habitually drunk or intoxicated person or
to persons known to have been twice convicted of being drunken and
disorderly, nor permit the same to congregate in or about the licensed
premises.
Any licensee hereunder who solicits from house
to house personally or by telephone for the purchase of alcoholic
beverages; or who harbors any criminal, gangster, swindler or other
person of ill repute upon the licensed premises; or permits fights,
brawls or disturbances constituting a public nuisance upon the licensed
premises; or who conducts or permits lotteries to be conducted or
the sale of any ticket or participation right in any lottery; or who
engages in or permits bookmaking, gambling or gambling devices on
or about the licensed premises shall be guilty of a violation of the
provisions of this article and shall be punished accordingly.
Any person who shall dispose of or sell any
alcoholic beverage within the Township of Greenwich without the license
required by law, or any person who shall knowingly receive, purchase
or procure any illicit alcoholic beverages within the Township of
Greenwich, shall be guilty of a violation of this article and shall
be punishable accordingly; provided, however, that this section shall
not apply to any person who has been designated by a legal authority
to aid in the enforcement of this article or of the Alcoholic Beverage
Act.[1]
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
A.
Any person who shall sell or distribute any alcoholic
beverage without having complied with or in violation of any of the
provisions of this article shall, upon conviction thereof, be subject
to a fine of not more than $500 or imprisonment for not more than
90 days, or to both such fine and imprisonment, in the discretion
of the Judge before whom such person is convicted.
[Amended 10-4-1976]
B.
Any license issued pursuant to this article may be
suspended or revoked for a violation of any of the provisions of this
article or for a violation of any of the provisions of Chapter 436
of the Laws of New Jersey, 1933, or its amendments and supplements,[1] or of any of the rules and regulations promulgated by
the State Commissioner of Alcoholic Beverage Control.
[1]
Editor's Note: See N.J.S.A. 33:1-1 to 33:1-96.
[Added 8-16-2021 by Ord. No. 11-2021]
A.
Restaurants, art galleries that charge customers a fee to participate
in art classes, catering/banquet halls and event space rental properties
may offer customers BYOB services at their premises.
B.
Rules and regulations. The following rules and regulations are applicable
to all premises allowing patrons to BYOB:
(1)
Premises allowing patrons to BYOB must comply with all applicable
state, federal and municipal rules, regulations, statutes and ordinances
pertaining to the consumption of wine or malt alcoholic beverages
on a premises that is not licensed or permitted to sell or serve alcoholic
beverages.
(2)
Premises allowing patrons to BYOB shall provide notice in writing
to the Greenwich Township Municipal Clerk by November 1 of the preceding
year indicated BYOB will be permitted on said premises. The notice
shall include the street address and the lot and block numbers of
the premises on which the restaurant or business is conducted, and
the name and telephone number of the manager of the restaurant or
business.
(3)
The consumption of alcoholic beverages, other than wine or malt
alcoholic beverages, shall not be permitted.
(4)
There shall be no consumption of wine or malt alcoholic beverages
by employees of the premises, but only by patrons who are seated for
meal service at a table or for art instruction. No person waiting
to be seated for service may consume or possess an open container
of an alcoholic beverage while waiting to be seated for service.
(5)
The consumption of alcoholic beverages by patrons may be permitted
in fully enclosed indoor dining areas of the premises. Outdoor consumption
of alcoholic beverages by patrons is not permitted.
(6)
The consumption of wine or malt alcoholic beverages shall be permitted only during the hours when alcoholic beverages may be sold, served or delivered under § 200-7 of the Greenwich Township Code.
(7)
No BYOB establishment shall charge any admission fee or cover,
corkage or service charge. Fees may be charged for premises rental
or art instruction.
(8)
No BYOB establishment shall advertise inside or outside of the
premises or in any medium whatsoever that patrons may bring and consume
their own wine or malt alcoholic beverages on the premises.
(9)
No BYOB establishment or employee shall be permitted to serve,
handle, pour or distribute alcoholic beverages on the premises.
(10)
There shall be no storage or alcoholic beverages on the premises.
Patrons shall not be permitted to deliver alcoholic beverages to the
premises in advance or to leave alcoholic beverages on the premises
to be consumed or to be picked up at a later time.
(11)
Patrons who desire to consume wine or malt alcoholic beverages
in the premises shall bring such beverages with them to the establishment.
No delivery of alcoholic beverages by any person, including a licensed
alcoholic beverage establishment, shall be permitted.
(12)
Alcoholic beverages shall not be permitted to be stored, displayed
or maintained on a service bar or service table and must be kept by
the patron at the table at which the patron is seated.
(13)
No BYOB establishment shall permit a patron or any person to
bring or deliver to the premises a large quantity of alcoholic beverages
intended for consumption at a party or other special event to be attended
by more than one table of patrons.
(14)
No BYOB establishment or employee shall allow, permit or suffer
an alcoholic beverage to be consumed by an intoxicated person or by
any person under the age of 21 years.
(15)
A BYOB establishment shall immediately report to the Police
Department any incident of underage drinking or the presentation of
false identification by an underage person and any incident involving
the excessive consumption of alcohol by a patron.
