[Adopted as Ch. VI of the 1973 Revised General Ordinances]
[1]
Editor's Note: Laws concerning alcoholic beverage control are contained in Title 33 of the New Jersey Revised Statutes. All ordinances must be in conformity with these provisions and approved by the Director of Alcoholic Beverage Control, N.J.S.A. 33:1-40. State law prescribes the types of licenses that may be issued, their number, permissible license fees and the regulation of licensed premises, N.J.S.A. 33:1-40.
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Old Bridge 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 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 § 30-2 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 having obtained a license in accordance with the Act referred to in § 30-2 and the provisions of this article.
[Amended 2-20-1979 by Ord. No. D-259]
A. 
The annual license fees and maximum type and number of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:
[Amended 3-16-1981 by Ord. No. 9-81; 3-16-1987 by Ord. No. 12-87; 5-18-1987 by Ord. No. 20-87; 2-11-1993 by Ord. No. 10-93; 8-28-1995 by Ord. No. 46-95; 6-23-1997 by Ord. No. 23-97; 8-16-1999 by Ord. No. 23-99; 4-9-2001 by Ord. No. 15-01; 7-22-2002 by Ord. No. 34-02; 1-13-2003 by Ord. No. 01-03; 9-8-2003 by Ord. No. 42-03; 1-9-2006 by Ord. No. 38-2005; 3-12-2007 by Ord. No. 2007-05]
Class of License
Annual License Fee
Number of Licenses
Plenary retail consumption license
$2,500
1 per 3,000 residents
Plenary retail distribution license
$2,500
1 per 7,500 residents
Club license
$188
N/A
B. 
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.
C. 
Township fees for transfers are nonrefundable.
[Added 1-9-2006 by Ord. No. 38-2005]
A. 
No new licenses or transfers of existing plenary retail distribution licenses, plenary retail consumption licenses, seasonal consumption licenses or limited distribution licenses for the sale of alcoholic beverages shall hereafter be issued for or transferred to premises within 2,000 feet of premises for which a plenary retail distribution license, plenary retail consumption license, seasonal consumption license or limited distribution license for the sale of alcoholic beverages is outstanding, provided that this limitation shall not prevent the renewal or person-to-person transfer of a license for premises licensed prior to July 11, 1960. Nothing herein shall be deemed to prevent transfer of a license to within 750 feet of the premises licensed prior to July 11, 1960. The above issuance and transfer restriction shall not apply to premises located in nonresidential zoning districts with frontage of 100 feet or more along State Highways 9, 18, 34 and 35.
[Amended 2-11-1993 by Ord. No. 10-93; 6-23-1997 by Ord. No. 24-97]
B. 
The first distance hereinabove set forth shall be measured in the normal way that a pedestrian would properly walk from the nearest entrance of licensed premises to the nearest entrance of the premises sought to be licensed.
C. 
The second distance hereinabove set forth shall be measured in the normal way that a pedestrian would properly walk from the nearest entrance of the premises from which transfer is sought to the nearest entrance of the premises to which transfer is sought.
D. 
No new licenses or transfers of existing licenses shall hereafter be issued or transferred to premises within 750 feet of a private or public school, church, synagogue or place of worship.
[Added 2-21-1981 by Ord. No. 3-81]
E. 
For special reasons shown, the Township Council may grant a variance to allow departure from the above regulations but only by affirmative vote of at least 2/3 of the full authorized membership of the Council. Notice of hearing concerning the issuance or transfer shall be given by certified mail, return receipt requested, to all owners of licensed premises within 2,000 feet in all directions of the premises which is the subject of such hearing.
[Added 6-3-1985 by Ord. No. 25-85]
F. 
No new license or transfer of existing license shall hereafter be issued or transferred unless a surveillance system is installed and maintained which covers the interior of the bar or establishment and also covers the front and rear exits and parking lot. The surveillance system shall be digital and run continuously with the capacity to retain the images for seven days. Upon request, the licensee shall produce any requested surveillance to the police within 24 hours.
[Added 11-14-2011 by Ord. No. 2011-16]
[Amended 12-27-1984 by Ord. No. 39-84]
No licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on the licensed premises between the hours of 2:00 a.m. and 7:00 a.m., except for Saturday, Sunday and New Year's Day, wherein the hours shall be between 3:00 a.m. and 7:00 a.m.
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 of persons or permit any such persons to congregate in or about the licensed premises.
A. 
Presence. No minor shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by his parent or guardian.
B. 
Purchase of alcoholic beverages by a minor. No minor shall purchase, attempt to purchase or have another purchase for him any alcoholic beverage on any premises licensed for the sale of alcoholic beverages.
C. 
Purchase of alcoholic beverages for a minor. No person shall purchase or attempt to purchase alcoholic beverages for a minor. It shall be unlawful for any person to induce or attempt to induce any licensee or any employee of a licensee to sell, serve or deliver alcoholic beverages to a minor.
D. 
Misstating age. No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage to a person under 21 years or to permit a person under 21 years to remain on any premises in violation of Subsection A.
[Amended 1-9-2006 by Ord. No. 38-2005]
E. 
Presumption. Any parent or guardian of a minor who accompanies such minor into a premises in which alcoholic beverages are served and who permits the minor to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of the minor.
F. 
Possession. No minor shall possess, serve, sell or consume any alcoholic beverage in any public place within the Township.
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.[1]
[1]
Editor's Note: Former Sec. 6-7, Identification of liquor establishment personnel, added 9-2-1986 by Ord. No. 40-86, which previously followed this section, was repealed 11-17-1986 by Ord. No. 49-86.