Township of Parsippany-Troy Hills, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted 10-28-1986 by Ord. No. 86:72 as Ch. VI of the 1986 Code]
[1]
Editor's Note: See also N.J.S.A. 33:1-1 et seq., as amended, for statutory provisions on the regulation of alcoholic beverages and licensing.
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Township 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.
For the purpose of this article, words and phrases herein shall have the same meanings 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.
A. 
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the Act, rules and regulations referred to in § 83-1, and all other applicable laws of the State of New Jersey or the United States.
B. 
Issuing authority. All licenses required by this article shall be issued by the Township Council, which shall also administer the provisions of this article.
C. 
License required. No person shall sell or distribute alcoholic beverages within the Township without having obtained a license in accordance with the Act referred to in § 83-1 and the provisions of this article.
D. 
License fees. The annual license fees for the sale or distribution of alcoholic beverages in the Township shall be as follows:
[Amended by Ord. No. 87:40; Ord. No. 90:56; 12-20-2005 by Ord. No. 2005:31; 5-18-2010 by Ord. No. 2010:09; 5-24-2016 by Ord. No. 2016:09]
Class of License
Annual License
Plenary retail consumption license
$2,500
Plenary retail distribution license
$1,930
Club license
$150
E. 
Distance between licensed premises. The license shall hereafter be issued or transferred except in conformance with the following distance between licensed premises restrictions:
[Amended by Ord. No. 90:11; Ord. No. 95:24; Ord. No. 96:22; Ord. No. 97:31]
(1) 
Same class of license. Two thousand five hundred feet between licensed premises except as otherwise provided herein, and except that only 400 feet shall be required between any two plenary retail consumption (Class C) licenses.
(2) 
Different class of license. Four hundred feet between licensed premises except as otherwise provided herein.
(3) 
Exceptions to distance limitations. There shall be no distance limitation with respect to the following:
(a) 
Issuance of a club license.
(b) 
Issuance of a license to one who operates a hotel or motel containing 100 or more sleeping rooms.
(c) 
Issuance of a plenary retail consumption (Class C) license to one who independently operates a restaurant/lounge located within a hotel or motel containing 100 or more sleeping rooms, which hotel or motel also holds a plenary retail consumption (Class C) license.
(4) 
Application. Despite the provisions of this subsection, licenses presently outstanding may be renewed or may be transferred to another person and renewed by the transferee.
(5) 
The provisions of § 83-3E of the Code prohibiting distances between licensed premises shall not prevent the place-to-place transfer of an existing license, including an expansion of a licensed premises, in the event of partial or total destruction, condemnation or for other good reasons, to a location on the same lot as the existing license was previously located, or within 500 feet of its existing location, provided that such relocation or expansion complies with all other ordinances, regulations or laws of the Township of Parsippany-Troy Hills, the State of New Jersey and any other governmental authority having jurisdiction.
A. 
Hours of sale.
(1) 
No persons other than the owners of licensed premises or employees whose names appear on the employee list shall be permitted in any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m., except New Year's Day each year as hereinafter provided. This provision shall not apply to licensed premises which are located in hotels or in restaurants which provide twenty-four-hour service.
(2) 
In licensed premises located in hotels or twenty-four-hour-service restaurants, no alcoholic beverages shall be sold, delivered, served, or consumed on any day between the hours of 2:00 a.m. and 7:00 a.m., except New Year's Day each year as hereinafter provided.
B. 
New Year's Day.
(1) 
On January 1 of each year, no person other than the owners of licensed premises or employees whose names appear on the employee list thereof shall be permitted in licensed premises between the hours of 3:00 a.m. and 7:00 a.m. This provision shall not apply to licensed premises which are located in hotels or in restaurants which provide twenty-four-hour service.
(2) 
In licensed premises located in hotels or twenty-four-hour-service restaurants, no alcoholic beverages shall be sold, delivered, served, or consumed on January 1 of each year between the hours of 3:00 a.m. and 7:00 a.m.
C. 
Sales to certain persons. 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 drinking age, nor permit the consumption of alcoholic beverages on any licensed premises by any of the above-named classes of persons.
D. 
Closing provision. The entire licensed premises shall be closed and no person shall be admitted or permitted to remain therein except the licensee or bona fide employees of the licensee on any day, as set forth in Subsections A and B of this section. This provision shall not apply to hotels and restaurants as defined in N.J.S.A. 33:1-1 et seq. or clubs.
[Amended 12-20-2005 by Ord. No. 2005:31]
[1]
Editor's Note: Former § 83-5, Persons under the legal drinking age, was repealed 8-18-2009 by Ord. No. 2009:32.
A. 
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article or any provision of any applicable statute or any of the rules or regulations of the State Director of Alcoholic Beverage Control.
B. 
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.
C. 
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.