[Adopted as Ch. 7 of the 1976 Revised General Ordinances; amended in its entirety 8-16-2017 by Ord. No. 2017-008[1]]
[1]
Editor's Note: This ordinance was reaffirmed and ratified 12-5-2018 by Ord. No. 2018-010.
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Township of West Milford in accordance with the provisions of an act of the 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 Director of the Division of Alcoholic Beverage Control.
For the purpose of this article, words and phrases herein shall have the same meanings as they have 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 the previous section and all other applicable laws of the State of New Jersey or of 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, expose for sale or cause to be sold any alcoholic beverages within the Township without having obtained a license in accordance with the act referred to in § 63-3 and the provisions of this article.
D. 
License fees; maximum number.
(1) 
The annual license fees for the sale or distribution of alcoholic beverages in the Township are set forth in Chapter 135, Fees and Costs.
(2) 
The maximum number of plenary retail consumption licenses that shall be issued is 35, and the maximum number of club licenses is three.
(3) 
The maximum number of plenary retail distribution licenses shall be one per every 7,500 persons in accordance with the formula established by the State Legislature in N.J.S.A. 33:1-12.4 et seq.
(4) 
No seasonal retail consumption license shall be issued.
A. 
Hours of sale; plenary retail consumption licenses. Alcoholic beverages may be sold, delivered, or served to or consumed in any plenary retail consumption licensed premises on any day as follows:
(1) 
On Monday through Saturday between the hours of 7:00 a.m. and 3:00 a.m. the following day.
(2) 
On Sunday between the hours of 11:00 a.m. and 3:00 a.m. the following day.
[Amended 5-1-2019 by Ord. No. 2019-007]
(3) 
On New Year's Eve/Day between the hours of 7:00 a.m., or as otherwise provided, and 5:00 a.m. the following day.
B. 
Hours of sale; retail distribution licenses.
(1) 
There shall be no sale of liquor in original containers (package goods) before 9:00 a.m. in accordance with the regulations promulgated by the State of New Jersey, Department of Law and Public Safety, Office of the Attorney General, Division of Alcoholic Beverage Control.
(2) 
There shall be no sale of liquor in original containers (package goods) after 10:00 p.m. in accordance with the regulations promulgated by the State of New Jersey, Department of Law and Public Safety, Office of the Attorney General, Division of Alcoholic Beverage Control.
(3) 
No premises which operates with a plenary retail distribution license shall sell alcoholic beverages before 9:00 a.m. and after 10:00 p.m.
C. 
Hours of sale; club licenses. Alcoholic beverages may be sold, delivered, or served to or consumed in any club-licensed premises on any day as follows:
(1) 
On Monday through Thursday between the hours of 4:00 p.m. and 12:00 midnight.
(2) 
On Friday and Saturday between the hours of 12:00 noon and 1:00 a.m. the following day.
(3) 
On Sunday between the hours of 11:00 a.m. and 11:00 p.m.
[Amended 5-1-2019 by Ord. No. 2019-007]
(4) 
On New Year's Eve/Day between the hours of 4:00 p.m., or as otherwise provided, and 5:00 a.m. the following day.
[Amended 4-18-2018 by Ord. No. 2018-003]
The fee to transfer a liquor license, per the Division of Alcoholic Beverage Control of the State of New Jersey, is set forth in Chapter 135, Fees and Costs.
The license and a copy of this article shall be posted in a conspicuous place on the licensed premises.
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 Division of Alcoholic Beverage Control.
B. 
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-1 to 33:1-96 by service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing. Any suspension or revocation shall carry the penalties and prohibitions provided in the statutes referred to.
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.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CLUB
A nationally recognized or affiliated association consisting of 100 or more persons, operating solely for benevolent, charitable, fraternal, religious, civic or similar purposes, and not for private gain. Such club shall have a membership which is comprised of at least 80% West Milford residents.
CLUB MEMBER
Any individual in good standing who has been admitted to voting membership in the manner regularly prescribed by the bylaws of a club, and who maintains such membership in a bona fide manner, and whose name and address are entered on the list of members. No individual shall be eligible for such club membership unless he has filed written application with the appropriate body, as set forth in the club bylaws, and such application is approved by such body at least three days prior to the filing for a club license. Persons holding limited or auxiliary club membership shall not be deemed to be club members for the purpose of filing for a club license.
GUEST OF MEMBER
An individual who is expressly invited to the club licensed premises by an individual member of the club, and who is sponsored by and personally attended by the member at such premises. An individual club member may have as his guest no more than three individuals on any one occasion, unless such individuals are attending a private affair, such as a wedding, anniversary, confirmation, bar mitzvah or birthday party, honoring a spouse, child, parent, brother or sister of a club member. Such club shall keep a guest register, as designated by the Township Clerk, which shall be signed by each guest upon entering the club premises. The guest register shall contain the name and address of the guest, and shall be kept available for inspection at all times.
B. 
Qualifications for issuance and renewal.
(1) 
No license shall be issued to any club unless it shall have been in active operation in the Township for at least three years continuously, immediately prior to the submission of its application for a license.
(2) 
No license shall be issued to any club unless it shall have been in exclusive possession and use of a clubhouse or club quarters for at least three years continuously, immediately prior to the submission of its application for a license. Any bona fide club which has been in active operation in the Township for a period of time required as aforesaid, but which has been deprived of continuous possession and use of its clubhouse or club quarters by reason of foreclosure, dispossess or other removal for a cause other than the violation of the laws of the state or of municipal ordinance, shall not be prevented thereby from obtaining a club license upon presenting, to the satisfaction of the issuing authority, proof of such facts and proof that possession of suitable premises has been obtained. There shall be no exceptions granted from these requirements.
(3) 
No club license shall be issued nor renewal granted to any corporation, association or organization in which an officer or member of the governing body has been convicted of a crime involving moral turpitude, unless the statutory disqualification resulting from such conviction has been removed by order of the Director of the Division of Alcoholic Beverage Control of the State of New Jersey. Applications for removal of the disqualification may be made by verified petition to the Director of the Division of Alcoholic Beverage Control of the State of New Jersey, when the unlawful situation has been corrected.
(4) 
A printed or typewritten list containing the names and addresses of all members of the club as of the date of filing a club license application shall be submitted with the initial application as well as with each subsequent renewal application. No club license shall be renewed unless the club consists of at least 100 members at the time of renewal. The charter or articles of association of the club shall also be presented for inspection, or a certified copy of the same submitted with the initial application. There shall be no exceptions granted from these requirements.