As used in this article, the following terms shall have the meanings indicated:
That physical part or portion of the building or place described in and for which the plenary retail consumption license shall have been issued.
[Adopted 12-2-1976 as Ch. 66, Art. I, of the 1976 Code]
[Amended 11-23-1981; 4-4-1985; 12-7-1989]
A.
No business shall be conducted on any premises licensed under a plenary retail consumption license, and no said licensed premises shall be open for business between the hours of 3:00 a.m. and 10:00 a.m. on Saturdays and Sundays, between the hours of 3:00 a.m. and 6:00 a.m. on Mondays and between the hours of 2:00 a.m. and 6:00 a.m. on the other days of the week; provided, however, that the closing hours on New Year's Day shall be from 5:00 a.m. to 8:00 a.m.
[Amended 3-12-1998 by Ord. No. 7601; 10-26-2000 by Ord. No. 20-00]
(1)
Exempt from the aforesaid prohibition against the conduct of' other business upon premises operated under a plenary retail consumption license during the aforesaid prohibited hours shall be the operation of the following:
(a)
The business primarily of preparing, selling and servicing food and nonalcoholic beverages for consumption on or off of the premises as otherwise permitted under this Code when not incidental to, in connection with or accompanied by entertainment provided by live entertainers and so long as, during the prohibited hours, no alcoholic beverages are sold, delivered or served and so long as no consumption of alcoholic beverages is permitted.
(b)
The business of renting hotel or motel rooms as otherwise permitted under this Code when not incidental to, in connection with or accompanied by entertainment provided by live entertainers and so long as, during the prohibited hours, no alcoholic beverages are sold, delivered or served and so long as no consumption of alcoholic beverages is permitted.
(2)
As to either of the two exempt types of business, during the aforesaid prohibited hours, all alcoholic beverages upon such premises shall be locked away in a secure manner so that no person shall have access to the same; such manner of securing alcoholic beverages during the prohibited hours shall be clearly stated upon an addendum to each and every application for a plenary retail consumption license or any application for renewal or transfer thereof hereafter made, and the terms of the same shall be subject to the approval of the Police Chief of this township or his or her designee. The manner of securing alcoholic beverages during the prohibited hours shall be at all time subject to the inspection of the Chief of Police or his or her designee, and he or she may, from time to time as he or she deems reasonably necessary to effectuate the intent of this article, order the immediate change or supplementation in the manner in which alcoholic beverages are secured.
B.
No licensee shall sell or deliver or allow, permit or suffer the sale or delivery of any alcoholic beverage at retail in its original container for consumption off the licensed premises or allow, permit or suffer the removal of any alcoholic beverage in its original or open container from retail licensed premises before 9:00 a.m. or after 10:00 p.m. on any day of the week, except that the sale by such licensees of malt alcoholic beverages in original bottles or can containers for consumption off the premises shall be permitted on the same days and during the same hours as the sale of alcoholic beverages for consumption on the premises is permitted pursuant to Subsection A hereof, but on Christmas Eve and New Year's Eve such sale must cease at 10:00 p.m. and shall not commence until 8:00 a.m. on the following day.
[Amended 12-19-1996 by Ord. No. 96-14]
[Amended 10-26-2000 by Ord. No. 20-00]
No person under the age of 18 years shall be permitted for any purpose whatsoever on any premises for which a plenary retail consumption license shall have been granted unless said minor shall at all times be accompanied by a parent. Exempt from this prohibition is the presence of persons under the age of 18 years upon premises devoted to the conduct of business which is exempt under § 76-2A from closing during certain hours.
[Amended 3-31-1989; 6-1-1989; 3-23-1995 by Ord. No. 95-4; 12-19-1996 by Ord. No. 96-14]
The fee to be paid for a plenary retail consumption license issued to sell alcoholic beverages for consumption on a licensed premises by the glass or other open receptacle and in original containers for consumption off the licensed premises pursuant to N.J.S.A. 33:1-12, shall be the sum as provided in Chapter 108, Fees.
[1]
Editor's Note: Former § 76-5, Fingerprinting of employees; identification cards and photographs, added 5-5-1983, as amended, was repealed 8-10-2000 by Ord. No. 11-00.
. The violation of any of the terms or provisions of this article shall render the holder of said plenary retail consumption license subject to the suspension or revocation of his or her said license in the manner provided by law.
[Amended 12-19-1996 by Ord. No. 96-14; 2-14-2008 by Ord. No. 2008-02]
Unless otherwise provided by Title 33 of the New Jersey Statutes Annotated, any person, firm or corporation who shall violate or cause, allow, permit, aid or assist in the violation of any of the terms and provisions of this article shall, upon conviction thereof, be punishable by a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days, a period of community service not exceeding 90 days, or any combination thereof.