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Township of Franklin, NJ
Somerset County
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Table of Contents
Table of Contents
[Adopted 7-10-1990 by Ord. No. 1586 (Ch. 75, Art. I, of the 1990 Code)]
A. 
No plenary retail consumption license or plenary retail distribution license for the sale of alcoholic beverages shall be granted or transferred to premises within 2,000 feet of any existing premises licensed for the sale or distribution of alcoholic beverages; provided, however, that this limitation shall not prevent the renewal of such a license or the person-to-person transfer of an existing license to the same licensed premises.
B. 
The transfer of any license from the premises acquired by any corporation or instrumentality having the power of eminent domain for a public purpose or premises which have been destroyed shall not be subject to the provisions hereof.
C. 
The distances hereinabove specified shall be measured in a straight line from the nearest entrance of the licensed premises to the nearest entrance of the premises sought to be licensed.
D. 
The distance limitations set forth in Subsection A hereof shall not be applicable to the granting or transfer of plenary retail consumption license when the existing licensed premises referred to in Subsection A is a hotel or motel with at least 100 sleeping rooms, licensed pursuant to N.J.S.A. 33:1-12.20, and provided that the premises for which grant or transfer is sought were previously licensed premises or part of a licensed premises within the three-year period immediately preceding the granting or transferal.
[Added 1-11-1994 by Ord. No. 1815]
E. 
The distance limitations set forth in Subsection A hereof shall not be applicable to the granting or transfer of plenary retail consumption license for a restaurant which shall mean a commercial establishment used for the primary purpose of preparing and selling meals to the public and not engaged in the sale of packaged goods or providing live entertainment.
[Added 12-12-2000 by Ord. No. 3185]
No person shall sell or offer for sale, possess or have in custody any alcoholic beverages upon which any federal tax or tax imposed by the laws of the state have not been paid.
No person shall sell, serve, deliver or allow or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any person under the legal age for purchasing alcoholic beverages or allow, permit or suffer the consumption of alcoholic beverages by any such person upon the licensed premises.
No person shall allow, permit or suffer in or upon the licensed premises any disturbance, brawl or unnecessary noise nor allow or permit or suffer a licensed place of business to be conducted in such a manner as to become a nuisance.
A. 
No licensee shall sell, serve, deliver or allow, suffer or permit the sale, service or delivery of any alcoholic beverages directly or indirectly, upon the licensed premises except during the hours specified hereinbelow:
[Amended 2-12-1991 by Ord. No. 1619; 10-23-2018 by Ord. No. 4250-18]
License
Permitted Hours
Consumption licenses
Monday through Sunday:
7:00 a.m. to 2:00 a.m.
December 31:
7:00 a.m. to 5:00 a.m.
Distribution licenses
Monday through Sunday:
9:00 a.m. to 10:00 p.m.
(1) 
During the hours when sales are prohibited, the entire licensed premises shall be closed, the only person to be permitted therein being the owner and/or his employees, and then only for the purpose of cleaning up, getting the premises ready for the commencement of business on the following day and shutting down for the night, and only for an additional period not to exceed two hours. In an instance where the sales of alcoholic beverages is not the primary use of the premises but only an accessory use, the portion of the premises devoted to the preparation and sale of alcoholic beverages shall be closed during the hours sales are prohibited, but the remainder of the premises may remain open to pursue its regular business. No alcoholic beverages shall be consumed or served by anyone on the licensed premises during the hours sales are prohibited.
B. 
The sale of package goods by consumption licensees shall be limited to those permitted hours set forth in Subsection A above for distribution licensees.
[Amended 2-12-1991 by Ord. No. 1619; 10-10-2000 by Ord. No. 3162]
No person shall serve or allow, permit or suffer the service of any alcoholic beverage to any person in any room which is not open to the use of the public generally; provided, however, that in hotels, guests may be served in their rooms or in private dining rooms, and provided further that this section shall not apply to club licenses.
Any violation of the provisions of this article shall be punishable as provided in Chapter 1, Article II, General Penalty.