[Adopted 12-15-1970 by Ord. No. 93-70 (Ch. 85 of the 1989 Code)]
From and after the final passage, approval and publication, as required by law, of this article, the number of licenses to sell alcoholic beverages in Brick Township, Ocean County, New Jersey, at retail, shall be limited as follows:
A. 
Not more than 25 plenary retail consumption licenses shall be outstanding in the Township at the same time; provided, however, that the aforesaid number of licenses shall not include licenses issued to a hotel or motel containing 100 guest sleeping rooms issued pursuant to N.J.S.A. 33:1-12.20, as amended and supplemented.
[Amended 8-15-1972 by Ord. No. 143-72 (52-J); 2-22-1977 by Ord. No. 299-77 (52-L); 4-27-1982 by Ord. No. 455-82 (52-M); 10-26-1982 by Ord. No. 468-82 (52-N); 4-9-1996 by Ord. No. 852-96; 5-12-1998 by Ord. No. 468-B-98; 2-13-2001 by Ord. No. 468-C-01; 6-25-2002 by Ord. No. 468-D-02]
B. 
Not more than 10 plenary retail distribution licenses shall be outstanding in the Township of Brick at the same time. Any license issued after January 1, 2007, shall be subject to such conditions regarding square footage and proximity to existing plenary retail distribution licenses or plenary retail consumption licenses with broad package privilege licensed premises as may be imposed by the Council of the Township of Brick as the issuing authority at the time of creation or sale of such new license.
[Amended 8-15-1972 by Ord. No. 143-72 (52-J); 4-27-1982 by Ord. No. 455-82 (52-M); 10-26-1982 by Ord. No. 468-82 (52-N); 3-30-2004 by Ord. No. 468-E-04; 12-18-2007 by Ord. No. 49-07; 2-12-2008 by Ord. No. 4-08]
C. 
Not more than 11 club licenses shall be outstanding in the Township at the same time.
[Amended 4-13-1976 by Ord. No. 266-76 (52-K); 8-23-1994 by Ord. No. 468-A-94]
D. 
A nonprofit theater consumption license pursuant to and meeting the conditions of N.J.S.A. 33:1-19.8 for a nonprofit corporation with a premises with a seating capacity of 50 persons or more but less than 1,000 persons that is primarily used to conduct musical or theatrical performances or concerts.
[Added 3-25-2024 by Ord. No. 3-24]
No alcoholic beverage shall be sold between the hours of 2:00 a.m. and 7:00 a.m. of any day, except:
A. 
On Sunday morning, when sales are hereby permitted to be extended to 3:00 a.m.
B. 
The first day of January of each year, when sales may be extended throughout the day.
A. 
No delivering or serving of any alcoholic beverage shall be made, permitted or suffered on any licensed premises during any period when the sale of alcoholic beverages is prohibited hereby.
B. 
Selling, serving or delivering of any alcoholic beverage may be made at any time not hereinbefore specifically prohibited.
Each and every license for the sale of any alcoholic beverage shall be issued subject to statutory provisions, the rules and regulations of the State Commissioner of Alcoholic Beverage Control and also subject to any and all rules and regulations to be adopted by the governing body of this municipality.
[Added 5-24-2022 by Ord. No. 12-22]
Each licensee is required to ensure that every employee involved in the selling and serving of alcoholic beverages is certified and keeps current a certification in alcohol management. TIPS (Training for Intervention Procedures) and TAMS (Techniques of Alcohol Management) certifications will be accepted. Additional programs may be accepted to be determined on an individual basis. All such employees must obtain the certification within 90 days of beginning employment. The licensee shall keep on record a copy of employee certification numbers and expiration dates as part of employee files and, upon request, shall attach all TIPS or TAMS program current cards to their E141A forms for inspection.
[Amended 6-22-1971 by Ord. No. 90-A-71 (52-I); 8-15-1972 by Ord. No. 143-72 (52-J); 3-14-1989 by Ord. No. 666-89; 8-23-1994 by Ord. No. 283-M-94; 7-13-2004 by Ord. No. 283-KK-04]
A. 
Effective July 1, 1995, the annual license fees for alcoholic beverage licenses in the Township of Brick shall be and are hereby fixed as follows:
(1) 
Plenary retail consumption license: $1,244.
(2) 
Plenary retail distribution license: $908.
(3) 
Club license: $150.
B. 
Effective July 1, 2005, the annual license fees for alcoholic beverage licenses in the Township of Brick shall be and are hereby fixed as follows:
(1) 
Plenary retail consumption license: $1,492.
(2) 
Plenary retail distribution license: $1,089.
(3) 
Club license: $150.
C. 
Effective July 1, 2006, the annual license fees for alcoholic beverage licenses in the Township of Brick shall be and are hereby fixed as follows:
(1) 
Plenary retail consumption license: $1,790.
(2) 
Plenary retail distribution license: $1,306.
(3) 
Club license: $150.
D. 
Effective July 1, 2007, the annual license fees for alcoholic beverage licenses in the Township of Brick shall be and are hereby fixed as follows:
(1) 
Plenary retail consumption license: $2,148.
(2) 
Plenary retail distribution license: $1,567.
(3) 
Club license: $150.
E. 
Effective July 1, 2008, the annual license fees for alcoholic beverage licenses in the Township of Brick shall be and are hereby fixed as follows:
(1) 
Plenary retail consumption license: $2,500.
(2) 
Plenary retail distribution license: $1,880.
(3) 
Club license: $150.
F. 
Effective July 1, 2009, the annual license fees for alcoholic beverage licenses in the Township of Brick shall be and are hereby fixed as follows:
(1) 
Plenary retail consumption license: $2,500.
(2) 
Plenary retail distribution license: $2,256.
(3) 
Club license: $150.
G. 
Effective July 1, 2010, the annual license fees for alcoholic beverage licenses in the Township of Brick shall be and are hereby fixed as follows:
(1) 
Plenary retail consumption license: $2,500.
(2) 
Plenary retail distribution license: $2,500.
(3) 
Club license: $150.
H. 
Said respective fees shall be prorated upon the aforesaid rates for a period from the date of issuance of the same to the 30th day of June following such issuance.
I. 
The annual license fee for a nonprofit theater consumption license shall be $250.
[Added 3-25-2024 by Ord. No. 3-24]
Upon conviction, after hearing, of any violation of any provision of this Article or any statute, rule or any regulation aforesaid, any license issued or created by this municipality may be suspended or revoked in accordance with rules and regulations heretofore or hereafter promulgated by the Commissioner of Alcoholic Beverage Control.
[Amended 3-14-1989 by Ord. No. 666-89]
Unless otherwise provided by Title 33 of the New Jersey Statutes Annotated, any person who shall be convicted of a violation of this article shall be punished as provided in Chapter 1, § 1-15, General penalty.