This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of New Hanover 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.
[HISTORY: Adopted by the Township Committee of the Township of New Hanover 7-13-1976 as Ch. VI of the 1974 Code. Amendments noted where applicable.]
For the purpose of this chapter, 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 chapter shall be in accordance with the Act, rules and regulations referred to in § 61-1 and all other applicable laws of the State of New Jersey or the United States.
All licenses required by this chapter shall be issued by the Township Committee, which shall also administer the provisions of this chapter.
No person shall sell or distribute alcoholic beverages within the Township without obtaining a license in accordance with the Act referred to in § 61-1 and the provisions of this chapter.
[Amended11-21-2023 by Ord. No. 2023-19; 3-11-2025 by Ord. No. 2025-03]
A.
The annual fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:
Class | Annual Fee | Maximum Number |
|---|---|---|
Plenary retail consumption license | $850 | 2 |
Plenary retail distribution license | $850 | 2 |
Club license | $150 | 1 |
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.
No alcoholic beverages shall be sold, delivered or served to or consumed in any licensed premises on any day between the hours of 6:00 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 or persons nor permit any such persons to congregate in or about the licensed premises.
During the hours the sale of alcoholic beverages is 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.
[Amended 8-11-1992 by Ord. No. 1992-3]
No licensee shall sell or serve any alcoholic beverages to any person under the age of 21 years of age.
A.
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter 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 chapter.
[1]
Editor's Note: Former § 61-12, Consumption in unlicensed premises prohibited, as amended, was repealed 8-12-1997 by Ord. No. 1997-6.
[Amended 4-13-1976 by Ord. No. 1976-2; 8-11-1992 by Ord. No. 1992-3]
Any person violating the provisions of this chapter shall be subject to a fine not exceeding $1,000, imprisonment for a period not exceeding 90 days or a period of community service not exceeding 90 days.