[Adopted 8-9-1965]
This article is for the purpose of fixing license
fees and regulating the sale of alcoholic beverages in the Township
of Chesterfield, County of Burlington, in accordance with provisions
of an act of the Legislature entitled "An Act Concerning Beverages,"
P.L. 1933, c. 436, as amended and supplemented (N.J.S.A. 33:1-1 et
seq.), and in accordance with the rules and regulations promulgated
or to be promulgated by the Director of the Division of Alcoholic
Beverage Control of the State of New Jersey applicable hereto and
in accordance with the rules and regulations existing herein or hereafter
adopted by competent municipal authority not inconsistent with said
Act or said rules and regulations of said State Director.
It shall be unlawful to sell alcoholic beverages
within the Township of Chesterfield otherwise than as provided in
this article and/or said Alcoholic Beverage Control Act, being P.L.
1933, c. 436, as amended and supplemented (N.J.S.A. 33:1-1 et seq.).
The Township Committee of the Township of Chesterfield,
County of Burlington, being the governing body of said municipality,
shall constitute the authority for the administration of the issuance
of licenses hereunder.
A.
The license
fees for the period from July 1 of each year to June 30 of the following
year, both dates inclusive, be and the same hereby are established
and fixed as follows:
(1)
Plenary retail consumption license: as set forth in § 110-66, and said license fee is to become effective for the next licensing period.
[Amended 5-10-1971; 4-10-1972; 5-4-1989 by Ord. No. 1989-3; 4-12-1990 by Ord. No. 2-1990; 4-11-1991 by Ord. No. 1991-3; 3-12-1992 by Ord. No. 1992-5; 3-10-1994 by Ord. No. 1994-4; 5-11-1995 by Ord. No. 1995-3; 11-18-1999 by Ord. No. 1999-4; 11-9-2000 by Ord. No. 2000-19; 11-8-2001 by Ord. No. 2001-26; 11-14-2002 by Ord. No. 2002-12; 8-28-2003 by Ord. No.
2003-13; 9-9-2004 by Ord. No. 2004-13; 3-25-2010 by Ord. No. 2010-4]
B.
The number
of club licenses for the sale and immediate consumption of alcoholic
beverages on such licensed premises in this Township shall be limited
to one.
[Added 4-26-2018 by Ord.
No. 2018-8]
A.
Licensed authorized. The issuing of one plenary retail distribution
license is hereby authorized.
B.
Annual fee. The annual fee for a plenary retail distribution license
shall be $2,500.
C.
Prequalification and sale process.
(1)
Auction. When the governing body determines, in its discretion, to
award an available license, it shall sell the license at auction in
accordance with the provisions of Title 33 of the New Jersey Statutes,
and the Regulations of the New Jersey Division of Alcoholic Beverage
Control, and upon such terms and conditions as the Township Committee
deems to be lawful, reasonable and in the best interests of the municipality.
(2)
The governing body may set a minimum bid amount and shall reserve
the right to reject all bids for any reasons it determines to be in
the best interests of the municipality.
(3)
Prequalification. All bidders shall prequalify, in the manner specified
by the governing body. In addition to such requirements as the governing
body shall impose, the prospective bidders, as part of the prequalification
process, shall submit: (a) proof of financial ability to undertake
the purchase of the license and the contemplated project; (b) information
regarding the type, size and special features of the contemplated
licensed premises; and (c) records of past alcoholic beverage control
violations involving the prospective bidder or the bidder's principals,
i.e., owners of more than a 10% equity or debt interest. Furthermore,
prospective bidders are required to fulfill any and all requirements
of the Chesterfield Township Police Department, and shall supply any
and all information requested by the Police Department as part of
the Township's prequalification process. Failure to do so may, at
the discretion of the Township, result in a prospective bidder being
found unqualified to bid.
(4)
Notice.
(a)
A notice of sale shall be issued which specifies the time and
place at which bids shall be received and opened, and that all prospective
bidders shall be notified of the required qualifications no less than
20 days prior to the bid opening.
(b)
The notice shall further specify the time, place and manner
in which the prequalification and bid applications may be obtained
and the date on which they are to be submitted.
D.
In the event that Title 33 the Revised Statues is modified or amended
in such a way as to impact these provisions, the State Statute and
Administrative Regulations shall control where inconsistent with local
ordinance.
[Added 3-10-2022 by Ord. No. 2022-2]
A.
Licenses authorized. The issuing of three plenary retail consumption
licenses is hereby authorized.
C.
Prequalification and sale process.
(1)
Auction. When the governing body determines, in its discretion, to
award an available license, it shall sell the license at auction in
accordance with the provisions of Title 33 of the New Jersey Statutes
and the Regulations of the New Jersey Division of Alcoholic Beverage
Control, and upon such terms and conditions as the Township Committee
deems to be lawful, reasonable and in the best interests of the municipality.
(2)
The governing body may set a minimum bid amount and shall reserve
the right to reject all bids for any reasons it determines to be in
the best interests of the municipality.
(3)
Pre-qualification. All bidders shall pre-qualify, in the manner specified
by the governing body. In addition to such requirements as the governing
body shall impose, the prospective bidders, as part of the pre-qualification
process, shall submit: a) proof of financial ability to undertake
the purchase of the license and the contemplated project; b) information
regarding the type, size and special features of the contemplated
licensed premises; and c) records of past alcoholic beverage control
violations involving the prospective bidder or the bidder's principals,
i.e., owners of more than a 10% equity or debt interest. Furthermore,
prospective bidders are required to fulfill any and all requirements
of the Chesterfield Township Police Department, and shall supply any
and all information requested by the Police Department as part of
the Township's pre-qualification process. Failure to do so may, at
the discretion of the Township, result in a prospective bidder being
found unqualified to bid.
(4)
Notice.
(a)
A notice of sale shall be issued which specifies the time and
place at which bids shall be received and opened, and that all prospective
bidders shall be notified of the required qualifications no less than
20 days prior to the bid opening.
(b)
The notice shall further specific that at what time, place and
manner in which the pre-qualification and bid applications may be
obtained, and the date on which they are to be submitted.
D.
In the event that Title 33 the Revised Statues is modified or amended
in such a way as to impact these provisions, the state statute and
Administrative Regulations shall control where inconsistent with local
ordinance.
[Amended 5-4-1989 by Ord. No. 1989-3]
No licensee shall sell, serve, deliver or allow,
permit or suffer the service or delivery of any alcoholic beverage,
directly or indirectly, to any persons under the legal age for purchasing
alcoholic beverages or to any person actually or apparently intoxicated
or allow, permit or suffer the consumption of alcoholic beverages
by any such person upon the licensed premises.
[1]
Editor's Note: Former § 66-6, Sales
prohibited during certain elections, was repealed 12-13-1990 by Ord.
No. 1990-14.
No licensee shall directly or indirectly solicit
from house to house, personally or by telephone, the purchase of alcoholic
beverages or allow, permit or suffer such solicitation.
No licensee shall allow, permit or suffer in
or upon the licensed premises any prostitute, female impersonator,
pickpocket, swindler, confidence man or any notorious criminal, gangster,
racketeer or other person of ill repute; nor shall any licensee allow,
permit or suffer the licensed premises to be accessible to any premises
upon which any illegal activity or enterprise is carried on or the
licensed business to be used in furtherance of aid of or accessible
to any such illegal activity or enterprise, which activity or enterprise
results in a conviction in a criminal prosecution, including conviction
in any prosecution in any municipal court for violation of municipal
ordinance.
No licensee shall allow, permit or suffer in
or upon the licensed premises any lewdness, immoral activity or foul,
filthy or obscene language or conduct or any brawl, act of violence,
disturbance or unnecessary noise; nor shall any licensee allow, permit
or suffer the licensed place of business to be conducted in such manner
as to become a nuisance.
[Amended 5-25-2023 by Ord. No. 2023-7]
No licensee shall allow, permit or suffer in
or upon the licensed premises any lottery to be conducted or any ticket
or participation right in any lottery to be sold or offered for sale;
nor shall any licensee possess, have custody of or allow, permit or
suffer any such ticket or participation right in or upon the licensed
premises; provided, however, that this rule shall not apply to a licensee
at a licensed retail distribution premises which shall be permitted
to conduct sales of New Jersey Lottery after having obtained approval
of the New Jersey Lottery Commission and all other agencies of the
State of New Jersey having jurisdiction over such sales in a licensed
retail distribution premises; nor shall this rule apply to bingo or
raffles or tickets or participation rights therein being conducted
pursuant to appropriate license under the Bingo Licensing Law (N.J.S.A.
5:8-24) or the Raffles Licensing Law (N.J.S.A. 5:8-50); but in any
such instance of bingo at licensed premises, the licensee, during
the period between the commencement of the first and the conclusion
of the last game, shall not sell, serve or deliver or allow, permit
or suffer the sale, service, delivery or consumption of any alcoholic
beverage in any room or outdoor area where the bingo or any part thereof
is being conducted.
No licensee shall engage in or allow, permit or suffer any pool-selling, bookmaking or any playing for money at faro, roulette, rouge et noir or any unlawful game or gambling of any kind or any device or apparatus designed for such purpose or any machine or device commonly known as a "bagatelle" or "pinball machine" in or upon the licensed premises; provided, however, that bingo and raffles may be permitted in or upon the licensed premises to the same extent as is set forth in § 66-10 hereof.
No licensee shall possess, allow, permit or
suffer on or about the licensed premises any slot machine or device
in the nature of a slot machine which may be used for the purpose
of playing for money or other valuable things.
No licensee shall manufacture, sell, offer for
sale, possess, allow, permit or suffer on or about the licensed premises
any candy containing rum, cognac, brandy, cordial or other alcoholic
beverage, generally known as "liquored candy."
No licensee shall deliver within this state
to any person not holding a license under the Alcoholic Beverage Law[1] any alcoholic beverage intended by such person for delivery,
by gift or otherwise, to customers or prospective customers in the
course of his business.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
No licensee shall receive, possess or sell any
alcoholic beverage transported into this state in violation of State
Regulation No. 18.
[Amended 5-4-1989 by Ord. No. 1989-3]
A.
Persons under the legal age for purchasing alcoholic
beverages shall not be allowed to frequent, loiter or remain in any
room or rooms used or devoted to the sale, service or consumption
of alcoholic beverages upon a licensed premises, unless accompanied
by a parent, guardian or adult husband or wife of the minor; provided,
however, that this provision shall not apply to restaurants or to
guest rooms and private and public dining rooms in hotels.
B.
No person under the legal age for purchasing alcoholic
beverages shall be permitted to sing, dance, perform, act, play in
an orchestra or in any manner exhibit himself or herself in any performance
or entertainment, held, given, offered or conducted on the licensed
premises.
No couches, settees, reclining chairs, daybeds
or like articles of furniture shall be permitted in rooms where alcoholic
beverages are served or consumed; provided, however, that this regulation
shall not apply to guest rooms in hotels, motels or in clubs.
No person shall be served in any room or place
which is not open to the public generally, except that in the hotels,
guests may be served in their rooms or in private dining rooms, and
further provided that this regulation shall not apply to club licenses.
All premises in which alcoholic beverages are
sold or dispensed, except those which hold club licenses and guest
rooms and private dining rooms in hotels, shall be so arranged that
a full view of the interior may be had from the public thoroughfare
or from adjacent rooms to which the public is freely admitted. All
such premises shall be lighted sufficiently so that a full view of
the interior may be had at all hours from the thoroughfare or from
adjacent rooms to which the public is freely admitted.
[Amended 1-27-1994 by Ord. No. 1994-1]
A.
Plenary retail consumption licenses. No licensee shall
serve, deliver or allow, permit or suffer the sale, service or delivery
of any alcoholic beverages or permit consumption of any alcoholic
beverages upon the licensed premises on New Year's Day, when it is
a weekday or a Saturday, between the hours of 4:00 a.m. and 7:00 a.m.;
on New Year's Day, when it is a Sunday, between the hours of 4:00
a.m. and 10:00 a.m.; on other weekdays and Saturdays between the hours
of 2:00 a.m. and 7:00 a.m., except for Mondays, during which said
prohibition shall be from 12:00 midnight to 7:00 a.m.; and on other
Sundays between the hours of 2:00 a.m. and 10:00 a.m.
[Amended 11-9-1995 by Ord. No. 1995-12; 7-11-1996 by Ord. No. 1996-14; 5-26-2005 by Ord. No. 2005-6; 4-26-2018 by Ord. No. 2018-8]
B.
During the hours of sales as hereinabove prohibited,
the entire licensed premises shall also be closed, but this closing
of premises requirement shall not apply to restaurants and clubs as
defined in N.J.S.A. 33:1-1 et seq.
C.
Plenary Retail Distribution (Package) Sales Hours. No Plenary Retail
Distribution Licensee shall allow, permit or suffer the sale, service
or delivery of any alcoholic beverages, or the removal of any alcoholic
beverages from the licensed premises before 9:00 a.m. or after 10:00
p.m. on any day of the week.[1]
[Added 4-26-2018 by Ord.
No. 2018-8]
[1]
Editor's Note: Former Subsection C, which
allowed the Township Committee to review the limitation on hours of
operation, was repealed 11-9-1995 by Ord. No. 1995-12.
No person, individual, partnership, corporation
or association other than the licensee shall have any interest, directly
or indirectly, in the license granted or the business to be conducted
under said license without a full disclosure first having been made,
either in the application for said license or as soon after the interest
in the license or in the business conducted under said license shall
have come into being.
No person shall import, own, possess, keep or
store in the Township of Chesterfield alcoholic beverages with intent
to sell or transport alcoholic beverages in violation of the provisions
of this article or said Alcoholic Beverage Control Act.[1]
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
No person shall own, keep or store in the Township
of Chesterfield any implement or paraphernalia for the sale, distribution
or transportation of alcoholic beverages with intent to use the same
in the sale, distribution or transportation of alcoholic beverages
in violation of the provisions of this article or said Alcoholic Beverage
Control Act.[1]
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
No person shall aid or abet another in the sale,
distribution or transportation of alcoholic beverages in violation
of the provisions of this article or said Alcoholic Beverage Control
Act.[1]
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
No person shall possess, have custody of, offer
for sale or sell any illicit beverage in violation of this article
or said Alcoholic Beverage Control Act.[1]
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
A.
Except as otherwise provided by Title 33 of the Revised
Statutes, any person who shall violate any the provisions of this
chapter shall, upon conviction thereof, punishable by a fine of not
less than $100 but not to exceed $1,250 or by imprisonment in the
county jail, or any other place provided by the Township for the detention
of prisons, for a term not to exceed 90 days, or by a period of community
service note to exceed 90 days within the discretion of the court.
Each day such violation shall be continued shall be deemed and taken
to be a separate and distinctive offense. In the event that the provisions
of Title 33 of the New Jersey Statutes Annotated permit a greater
fine or penalty to be assessed, than the more severe sanction and
penalty shall be available to the Magistrate.
[Amended 5-4-1989 by Ord. No. 1989-3; 1-27-1994 by Ord. No.
1994-1; 4-26-2018 by Ord. No. 2018-8]
B.
Any license issued pursuant to this article may be
suspended or revoked for violation of any of the provisions of said
Alcoholic Beverage Control Act[1] or of any of the rules and regulations promulgated or
to be promulgated by the Director of Alcoholic Beverage Control of
the State of New Jersey in accordance with N.J.S.A. 33:1-31.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
C.
Any person who shall knowingly aid or abet another
in the violation of any provision of this article shall be punished
in the same manner as the violation aided or abetted.
D.
Any attempt to evade this article or any provision thereof, either directly or indirectly, by acquiescence of or collusion of or conveniences by any licensee, his agent, servants and employees shall be considered a violation of this article, punishable by a fine or imprisonment, or both, as provided in Subsection C and a cause for revocation of any license issued hereunder.
As used in this article, the following terms
shall have the meanings indicated:
Includes any natural person or association ofr natural persons,
association, partnership, corporation, organization or the manager,
agent, servant, officer or employee of any of them.
