[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]
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:
(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:
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.
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.
