[Adopted 12-23-1974 as Ch. VI of the 1974 Code, as amended through Ord. No. O-99-34]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Howell 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.
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 § 53-1, and all other applicable laws of the State of New Jersey or the United States.
All licenses required by this article shall be issued by the Township Council, which shall also administer the provisions of this article.
No person shall sell or distribute alcoholic beverages within the Township without obtaining a license in accordance with the act referred to in § 53-1 and the provisions of this article.
[Amended 11-23-2004 by Ord. No. O-04-58]
The annual fees for licenses for the sale or distribution of alcoholic beverages in the Township shall be as set forth in Chapter 139, Fees.[1]
[1]
Editor's Note: Specific fee amounts were removed from this section in conjunction with Ord. No. O-09-13, adopted 4-28-2009. For current sale and distribution license fees, see Ch. 139, Fees, Art. XVIII, Licenses and Permits (Miscellaneous), § 139-44.
A. 
The provisions of this section with respect to the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued.
B. 
The provisions of New Jersey's State Limitation Law, as provided in N.J.S.A. 33:1-12.14 (L. 1960. c. 72) and as it may be hereafter amended, shall control the number of and the issuance of plenary retail consumption licenses and plenary retail distribution licenses. No more than two limited retail distribution licenses shall be issued. No seasonal retail consumption licenses shall be issued.
In addition to any application fees set forth in this article, any applicant shall also pay to the Township Clerk a sum in the amount charged by any state, county or federal agency for a fingerprint inquiry concerning the applicant.
A. 
No plenary retail alcoholic beverage consumption license shall be granted for or transferred to any premises the entrance of which is within the area of a circle having a radius of 500 feet or 250 feet, if the premises are located on opposite sides of a divided highway and having as its center the entrance of an existing licensed premises covered by a plenary retail alcoholic beverage consumption license. No plenary retail alcoholic beverage distribution license shall be granted for or transferred to any premises the entrance of which is within the area of a circle having a radius of 1,500 feet and having as its center the entrance of an existing licensed premises covered by a plenary retail alcoholic beverage distribution license.
[Amended 9-15-2003 by Ord. No. O-03-30; 11-14-2022 by Ord. No. O-22-71]
B. 
Notwithstanding the distance limitation contained in Subsection A above, the Township Council at its discretion may allow the transfer of any such licensed premises which shall be taken by the power of eminent domain for any municipal, county, state or federal project. Such transfer shall be allowed or denied only after a public hearing shall have been conducted by the Township Council for the purpose of determining whether such transfer shall be in the best interest of the health, safety, welfare and morals of the Township. Anything in this section to the contrary notwithstanding the distance limitation contained in Subsection A above hereof shall not apply to a motel, hotel or restaurant serving alcoholic beverages for consumption on its premises.
[Amended 2-19-2019 by Ord. No. O-19-2]
A. 
No alcoholic beverages shall be sold, delivered or served to or consumed in any licensed premises on any day of the week except as set forth in this section.
(1) 
Plenary retail consumption license and club license. A licensee holding a plenary retail consumption license or club license may sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of, any alcoholic beverages for consumption on the licensed premises as follows:
(a) 
On weekdays from 7:00 a.m. to 2:00 a.m.
(b) 
On Saturdays from 7:00 a.m. to 2:00 a.m.
(c) 
On Sundays from 7:00 a.m. to 2:00 a.m.
(d) 
On New Year's Eve, from 7:00 a.m. to 5:00 a.m.
(2) 
Plenary retail distribution license. A licensee holding a plenary retail distribution license may sell or distribute alcoholic beverages in original containers for off-premises consumption from the licensed premises as follows:
(a) 
On weekdays from 9:00 a.m. to 10:00 p.m.
(b) 
On Saturdays from 9:00 a.m. to 10:00 p.m.
(c) 
On Sundays from 9:00 a.m. to 10:00 p.m.
(d) 
On New Year's Eve from 9:00 a.m. to 10:00 p.m.
B. 
During the hours sales of alcoholic beverages are hereinabove prohibited, the entire licensed premises shall also be closed, and no person shall be admitted or permitted to remain therein except the licensee or bona fide employees of the licensee.
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any habitual drunkard, intoxicated person or minor, nor permit the consumption of alcoholic beverages on any licensed premises by any of the above-named classes or persons, or permit any such persons to congregate in or about the licensed premises.
No licensee shall sell or serve any alcoholic beverages to any person under the age of 21 except as provided by state statutes.
[1]
Editor's Note: See Ch. 201, Minors, Art. I, and Art. II of this chapter.
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.