Township of Burlington, NJ Licensing and Regulations

The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages for consumption off the licensed premises, but only in original containers; except that licensees shall be permitted to conduct consumer wine tastings and samplings on a complimentary basis pursuant to conditions established by rules and regulations of the Division of Alcoholic Beverage Control; provided, however, that:

Patrons are limited to four one-and-one-half-ounce samples in any twenty-four-hour period;

Samples are not offered to or allowed to be consumed by any person under the legal age for consuming alcoholic beverages or an intoxicated person;

Samples are not offered when the sale of alcoholic beverages is otherwise prohibited; and

(d)

Tastings and samplings are confined to the licensed premises and all wine used in the tastings and samplings shall be owned by the licensee conducting these tastings and samplings.

Notwithstanding the imposition of any other penalty that may be lawfully imposed, a person who violates Subsection C(1)(a) through (d) of this section shall be fined an amount to be established by the Division.[1]

[1]

Editor’s Note: Former Subsection C(3), regarding the sale of alcoholic beverages upon any premises in which any other mercantile business is conducted, which immediately followed this subsection, was repealed 2-26-2013 by Ord. No. 13-OR-008.

Club licenses. The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages but only for immediate consumption on the licensed premises and only to bona fide club members and their guests. Club licenses may be issued only to such corporations, associations and organizations as are operated for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes, and not for private gain, and which comply with all conditions which may be imposed by the Director of the Division of Alcoholic Beverage Control by rules and regulations.

§ 114-4 License fees.

[Amended 7-13-2010 by Ord. No. 10-OR-017]

The following fees are hereby determined as the appropriate license fees to be charged for the licenses listed above for the year 2010, whether or not any such licenses are permitted to be issued under the terms of this article.

Plenary retail consumption license: $2,000.

Seasonal retail consumption license: $1,500.

(3)

Plenary retail distribution license: $2,000.

Each of the licenses listed above shall be deemed annually increased to the maximum amount permissible under N.J.S.A. 33:1-12, et seq., which is $2,500 for a plenary retail consumption license, $2,500 for a plenary retail distribution license, and for a seasonal retail consumption license, 75% of the fee for a plenary retail consumption license. The fee for a license may not be increased by more than 20% from that charged in the preceding year or $500, whichever is lesser, so that the fee for a plenary retail consumption license and a plenary retail distribution license as of January 1, 2011, will be $2,400, and on January 1, 2012, the fee will be $2,500. The fee for the seasonal retail consumption license on January 1, 2011, shall be $1,800, and on January 1, 2012, will be $1,875.

The fee for a club license shall be $188.

§ 114-5 Regulation of number of licenses.

Maximum number of licenses. The number of licenses issued within the Township of Burlington shall be in accordance with the following schedule:

[Amended 9-25-2012 by Ord. No. 2012-OR-024; 6-14-2022 by Ord. No. 2022-OR-011]

Type	Number Allowed
Plenary retail consumption license	7
Seasonal retail consumption license	0
Plenary retail distribution license	3
Club license	4

Exception. It is hereby reserved to the Township Council the right and authority, pursuant to N.J.S.A. 33:1-12.20, to issue a new license to a person who operates a hotel or motel containing 100 guest-sleeping rooms or who may hereafter construct and establish a new hotel or motel containing at least 100 sleeping rooms.

§ 114-6 Issuance; qualifications and terms.

Qualified persons. No license shall be issued to any person, firm, corporation, group or partnership not fully qualified under the provisions of said law to hold said license.

Terms; return of fee. All licenses shall be issued for a term of one year from the first day of July in each year, and all fees shall be paid in advance upon presentation of the application as herein provided; any licensee, however, who shall voluntarily surrender his license and who shall not have committed any violation of this article or any rule or regulation and who shall have paid all taxes, setoffs, or counterclaims that may become due to the State of New Jersey, or to the Township of Burlington, shall be entitled, after the deduction of 50% of said fee as a surrender fee to the prorated fee for the unexpired term.

§ 114-7 Hours and days of operation.

Normal hours of closing. The consumption or sale of alcoholic beverages within any place of business licensed under the provisions of this article shall be prohibited during the terms and during the hours hereafter set forth:

Days	Hours
Weekdays and Saturdays	2:00 a.m. to 7:00 a.m.
Sundays	2:00 a.m. to 10:00 a.m.

Holidays. The consumption or sale of alcoholic beverages within any place of business licensed under the provisions of this article shall be prohibited at the times and during the hours of the holidays as set forth below:

Days	Hours
New Year's Day	If Sunday, 2:00 a.m. to 10:00 a.m. If any other weekday, 4:00 a.m. to 7:00 a.m.

§ 114-8 Rules and regulations.

Closing premises during public emergency or crime investigation. No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, at retail, or allow, permit or suffer the consumption of any alcoholic beverage on the licensed premises, or allow, permit or suffer the retail licensed premises to be open, during any period for which any duly constituted state, county or municipal law enforcement authority, because of a public emergency or investigation of crime, has ordered the licensed premises to be closed, unless excepted by the appropriate authority to permit continuing conduct of business other than the sale of alcoholic beverages.

House-to-house solicitation forbidden. No licensee shall directly or indirectly solicit from house to house, personally or by telephone, the purchase of any alcoholic beverage, or allow, permit or suffer such solicitation.

Narcotic and illegal activities; prohibited patrons. No licensee shall allow, permit or suffer in or upon the licensed premises any prostitute, female impersonator, pickpocket, swindler, confidence man or any notorious criminal, gangster, racketeer or other person of ill repute; nor shall any licensee allow, permit or suffer in or upon the licensed premises any unlawful possession of or any unlawful activity pertaining to narcotic or other drugs or other controlled dangerous substances, as defined by the New Jersey Controlled Dangerous Substances Act (N.J.S.A. 24:21-1 et seq.), or any prescription legend drug, in any form, which is not a narcotic, depressant or stimulant drug or controlled dangerous substance as heretofore defined; nor shall any licensee allow, permit or suffer the licensed premises to be accessible to any premises upon which any illegal activity or enterprise is carried on, or the licensed premises or business to be used in furtherance or aid of or accessible to any illegal activity or enterprise.

Immoral activities; disturbances; nuisance on premises. No licensee shall engage in or allow, permit or suffer in or upon the licensed premises any lewdness, immoral society, or foul, filthy, indecent or obscene language or conduct, or any brawl, act of violence, disturbance of unnecessary noise; nor shall any licensee allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance.

Lottery. No licensee shall engage in or allow, permit or suffer in or upon the licensed premises the conduct of any lottery or any ticket or participation right in any lottery to be sold or offered for sale; nor shall any licensee possess, have custody of, or allow, permit or suffer any such ticket or participation right in or upon the licensed premises; provided, however, that the provisions of this section shall not apply to bingo or raffles, or tickets or participation rights therein, being conducted pursuant to appropriate license under the Bingo Licensing Law (N.J.S.A. 5:8-24) or the Raffles Licensing Law (N.J.S.A. 5:8-50), but in any such instance of bingo at licensed premises, the licensee, during the period between the commencement of the first and the conclusion of the last game, shall not sell, serve or deliver or allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage in any room or outdoor area where the bingo or any part thereof is being conducted.

Gambling. No licensee shall engage in or allow, permit or suffer any pool-selling, book-making or any playing for money at faro, roulette, rouge et noir or any unlawful game or gambling of any kind, or allow, permit or suffer any device or apparatus designed for any such purpose, or any machine or device commonly known as a bagatelle or pinball machine in or upon the licensed premises, nor shall any licensee possess, have custody of, or allow, permit or suffer in or upon the licensed premises any slip, ticket, book, record, document, memorandum or other writing pertaining in any way to any pool-selling, book-making or any unlawful game or gambling of any kind; provided, however, that bingo and raffles may be permitted in or upon the licensed premises to the same extent as is set forth by law.

Slot machines. No licensee shall possess, or allow, permit or suffer in or upon the licensed premises, any slot machine or device in the nature of a slot machine which may be used for the purpose of playing for money or other valuable thing.

Contraceptives. No licensee, except bona fide pharmacies to the extent that they may be duly authorized by law, shall sell, distribute or possess, or allow, permit or suffer the sale or distribution, or the possession for the purpose of sales or distribution of any prophylactic against venereal disease or any contraceptive device, either chemical or mechanical, or possess, allow, permit or suffer any mechanical device for such sale or distribution, in or upon the licensed premises or any other premises used in connection therewith.

Adulterated alcoholic beverages. No licensee shall manufacture, transport, possess, sell, barter, give away, offer for sale or furnish any alcoholic beverage adulterated with methanol, alkaloids, acetone, phenols, formaldehyde, isopropyl or tertiary butyl alcohol or other harmful substance whatsoever.

Liquored candy. No licensee shall manufacture, sell, offer for sale, possess, or allow, permit or suffer in or upon the licensed premises, any candy containing rum, cognac, brandy, cordial or other alcoholic beverage, generally known as liquored candy.

Receiving prohibited deliveries of alcoholic beverages. No licensee shall receive, possess or sell any alcoholic beverage transported into this state in violation of the provisions of the rules and regulations of the Alcoholic Beverage Control Commission.

Possession of opened containers of alcoholic beverages by retail distribution licensee. No retail distribution licensee shall permit any alcoholic beverage to be consumed in or upon the licensed premises, nor shall such licensee possess or allow, permit or suffer any open containers of alcoholic beverage in or upon the licensed premises; provided, however, that opened bottles of alcoholic beverages returned by a customer as allegedly defective may be so possessed pending return to the manufacturer or wholesaler, and further provided the container is immediately resealed and labeled with the name and address of the customer and the date of return by the customer.

Retail licensee receiving alcoholic beverages from prohibited sources.

No retail licensee shall purchase or obtain any alcoholic beverage except from the holder of a New Jersey manufacturer's or wholesaler's license or pursuant to a special permit first obtained from the Director of the Division of Alcoholic Beverage Control.

Purchase of alcoholic beverages by one retailer from another and sale of alcoholic beverages by one retailer to another are prohibited; provided, however, that the passage of title in any alcoholic beverages from transferor to transferee of a license may be authorized by special permit obtained from the Director of the Division of Alcoholic Beverage Control.

Copies of current retail license certificate; application; list of current employees.

No retail licensee shall conduct the licensed business unless:

The current license certificate is at all times conspicuously displayed on the licensed premises in such plain view as to be easily read by all persons visiting such premises.

A photostatic or other true copy of the application for the current license is kept on the licensed premises.

A list, in form prescribed by the Director of the Division of Alcoholic Beverage Control, containing the names and addresses of and required information with respect to all persons currently employed on the licensed premises, is kept on the licensed premises.

The application copy and list shall be available for inspection by the Director, his deputies inspectors, and investigators, and by any officer, as defined by N.J.S.A. 33:1-1(p).

Indecent matter. No licensee shall allow, permit or suffer in or upon the licensed premises or have in his possession or distribute or cause to be distributed any obscene, indecent, filthy, lewd, lascivious or disgusting recording, printing, writing, picture or other matter.

Certain ingredients prohibited. No licensee shall sell or possess, or allow, permit or suffer in or upon the licensed premises, any malt, hops, oak shavings or chips, flavoring or coloring agents, cordial or liquor extracts, essences or syrups, or any ingredient, compound or preparation of similar nature.

Combination sales. No licensee privileged to sell any alcoholic beverages at retail shall, directly or indirectly, sell or offer for sale at retail any alcoholic beverage for consumption off the licensed premises except at a specified price per container or specified price per case thereof, or both; "combination sales" of any kind, consisting of more than one article, whether it be an alcoholic beverage or something else, at a single aggregate price are prohibited.

Gifts and inducements; advertising novelties. No licensee privileged to sell any alcoholic beverages at retail shall, directly or indirectly, offer or furnish any gift, prize, coupon, premium, rebate, unauthorized discount or similar inducement with the retail sale of any alcoholic beverage or engage in or allow, permit or suffer in or upon the licensed premises or in connection with the conduct of the licensed business any practice unduly designed to increase the consumption of alcoholic beverages; provided, however, that nothing herein shall prevent such licensees from furnishing advertising novelties of nominal value, and further provided that such licensees shall not advertise the availability of such novelties by any sign or display or in any periodical, publication, circular, handbill, direct mailing piece or similar media.

Hostesses. No plenary or seasonal retail consumption licensee shall allow, permit or suffer any female employed on the licensed premises to accept any food or beverage, alcoholic or otherwise, at the expense of or as a gift from any customer or patron.

Substitute beverages. No licensee privileged to sell alcoholic beverages for consumption off the licensed premises shall serve or allow, permit or suffer the service of any alcoholic beverage other than ordered or substitute a nonalcoholic beverage.

Intoxicated workers. No licensee shall work in any capacity in or upon the licensed premises while actually or apparently intoxicated or allow, permit or suffer any actually or apparently intoxicated person to work in any capacity in or upon the licensed premises.

Storage of alcoholic beverages. No licensee shall store any alcoholic beverage except at his licensed premises or at a public warehouse licensed under the Alcoholic Beverage Law or at other premises pursuant to special permit first obtained from the Director of the Division of Alcoholic Beverage Control; provided, however, that the provisions of this section shall not prohibit the storage of alcoholic beverages by a licensee upon the formerly licensed premises for a period not exceeding five days subsequent to the effective date of the transfer of the license to other premises.

Tap markers. No licensee privileged to sell alcoholic beverages for consumption on the licensed premises shall allow, permit or suffer any tap on the licensed premises to be connected with any barrel or other container of a malt alcoholic beverage unless the tap bears a marker, not exceeding 3 1/2 inches by 3 1/2 inches or 12 1/4 square inches which truly indicates the name or brand of the manufacturer of the malt alcoholic beverage, and unless name or brand is in full view of the purchaser when the tap is located at a bar at which consumers are served.

Possession by retail licensee of alcoholic beverage containers without proper label or tax payment indicia.

No retail licensee shall possess, have custody of, or allow, permit or suffer in or upon the licensed premises any alcoholic beverage manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, possessed or transported in violation of the Alcoholic Beverage Law or any alcoholic beverage in any keg, barrel, can, bottle, flask or similar container, which:

Does not bear any label describing its contents.

Bears a label which does not truly describe its contents.

Does not bear any indicia of tax payment as required by the laws of the United States.

Placing of orders. No licensee shall place any order within this state for the purchase of any alcoholic beverage or permit any of his employees to place any order for the purchase of any alcoholic beverage with any individual soliciting in violation of the provisions of Subsection M (Solicitors' permits) of this section.

Retail manufacturer or wholesaler relationship. No retail licensee shall employ or have connected with him in any business capacity whatsoever any person interested, directly or indirectly, in the manufacturing or wholesaling of any alcoholic beverage within or without this state, nor shall any retail licensee be employed by or connected in any business capacity whatsoever with any person interested, directly or indirectly, in the manufacturing or wholesaling of any alcoholic beverage within or without this state.

AA.

Law enforcement officers. No license shall be held by any regular police officer, any peace officer or any other person whose powers or duties include the enforcement of the Alcoholic Beverage Law or Regulations, or by any profit corporation or association in which any such officer or person is interested, directly or indirectly, nor shall any licensee employ or have connected with him in any business capacity whatsoever any such officer or person.

BB.

Fingerprinting. No licensee shall employ or have connected with him in any business capacity whatsoever any person who refused to submit himself for fingerprinting when required so to do by the Director of the Division of Alcoholic Beverage Control or the municipal license-issuing authority concerned.

CC.

Activity during license suspension.

No licensee, during the suspension of license, shall do any of the following:

Allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage or any other alcoholic beverage activity except storage of alcoholic beverages on hand in or upon the licensed premises or deliver any alcoholic beverage to any consumer.

Receive delivery of any alcoholic beverage.

Advertise that the licensed premises are closed or the licensed business stopped because of repairs or alteration or for any other reason other than the suspension.

DD.

Search of licensed premises; evidence. By the acceptance of the license, the licensee consents to the detention, as and for evidence, of any physical matter, including alcoholic beverages, found on the licensed premises or in the possession or custody of the licensee or his employees during the course of any investigation, inspection or search of the licensed premises being conducted by the Director of the Division of Alcoholic Beverage Control, his deputies, inspectors or investigators or by any officer, as defined by N.J.S.A. 33:1-1(p).

EE.

Hindering investigation. No licensee shall directly or indirectly fail, on demand, to produce, exhibit or surrender to the Director of the Division of Alcoholic Beverage Control, his deputies, inspectors, or investigators and any officer, as defined by N.J.S.A. 33:1-1(p), any and all matter and things which the Director or other issuing authority is authorized or empowered to investigate, inspect or examine, nor shall any licensee, directly or indirectly, fail to facilitate, or hinder, delay or cause the hindrance or delay, or attempt to hinder, delay or cause the hindrance or delay, of any investigation or inspection of the licensed business or of the licensed premises or of any search thereof by the Director, the deputies, inspectors, investigators or by any officer as defined by N.J.S.A. 33:1-1(p).

FF.

Books of account.

All licensees shall have and keep a true book or books of account in which there shall be entered a record of all moneys received and a record of the source of all moneys received other than in the ordinary course of business and in which there shall also be entered a record of all moneys expended from receipts and the name of the person receiving the moneys and the purpose for which the expenditures were made.