[Adopted 12-21-1971 as Ch. VIII of the 1971 Code]
This article is enacted to regulate the sale
and transportation of alcoholic beverages in the Township of Hillside
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 the Division of
Alcoholic Beverage Control.
As used in this article, words and phrases herein
shall have the same meanings as they have in N.J.S.A. 33:1-1 et seq.
and in the rules and regulations of the State Director of the Division
of Alcoholic Beverage Control.
A.
Laws applicable. 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 § 108-1 and all other applicable laws of the State of New Jersey or of the United States.
B.
License required. No person shall sell or distribute alcoholic beverages within the Township without having obtained a license in accordance with the act referred to in § 108-1 and the provisions of this article.
C.
License fees: maximum number. The annual license fees
and maximum number of licenses for the sale or distribution of alcoholic
beverages in the Township shall be as follows:
[Amended 5-4-1976 by Ord. No. G-97-76; 12-4-1979 by Ord. No.
G-170-79; 8-10-1992 by Ord. No. G-322-2; 5-29-2007]
|
Class of License
|
Annual License Fee
|
Number of Licenses
| |
|---|---|---|---|
|
Plenary retail consumption license
|
$984
|
15
| |
|
Plenary retail distribution license
|
$811
|
5
| |
|
Club license
|
$150
|
3
|
A.
Hours of sale. No alcoholic beverages shall be sold,
served, consumed or delivered to any consumer in or from any licensed
premises, nor shall any licensee permit the sale, service, consumption
or delivery of any alcoholic beverages, directly or indirectly, in
or upon the licensed premises prior to 6:00 a.m. on weekdays, or prior
to 12:00 noon on Sundays, or after 2:00 a.m. All licensed premises
shall be closed until 6:00 a.m. on weekdays and 12:00 noon on Sundays,
provided that this requirement shall not be deemed to prohibit a licensee
from permitting the holding of services or meetings on the licensed
premises by a religious congregation or a club or group associated
with a religious congregation or a charitable or civic club or association
between the hours of 7:00 a.m. and 12:00 noon on Sunday; and provided
further that this requirement shall not apply to bowling alleys and
restaurants as defined in N.J.S.A. 33:1-1t and all other establishments
whose principal business is other than the sale of alcoholic beverages,
provided that no alcoholic beverages shall be sold therein after 2:00
a.m. The restrictions and limitations of hours within which alcoholic
beverages may be sold shall apply to the holders of club licenses
set forth in N.J.S.A. 33:1-12, Subsection 5.
[Amended 5-19-1981 by Ord. No. G-198-81; 8-22-1989 by Ord. No. G-297-89]
B.
New Year's Day. Notwithstanding the provisions of Subsection A, when New Year's Day falls on Sunday, no alcoholic beverages shall be sold, served, consumed or delivered, nor shall any licensee permit the sale, service, consumption or delivery of any alcoholic beverages, directly or indirectly, in or upon the licensed premises between 5:00 a.m. and 12:00 noon. When New Year's Day falls on a weekday, alcoholic beverages may be sold, served, consumed or delivered and any licensee may permit the sale, service, consumption and delivery of alcoholic beverages at all hours, and licensed premises may remain open at all hours during such New Year's Day which falls on a weekday.
C.
Persons on premises. 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 and except as provided in § 108-1.
[Added 10-2-1979 by Ord. No. G-163-79]
A.
Access to premises. No person shall be served in any
room which is not open to the use of the public generally, except
that in hotels guests may be served in their rooms or in private dining
rooms, and further provided that this provision shall not apply to
club licenses.
B.
Minimum floor space required. No license shall be
issued for any premises having a floor space of less than four hundred
(400) square feet.
C.
Screens. All plenary retail consumption licensees
shall provide screens in the windows and on glass doors or screen
doors, the tops of which shall not be lower than four feet or higher
than five feet measured from the sidewalk level.
D.
Location restrictions.
(1)
No license, except club licenses and renewals and
person-to-person transfers of the same licensed premises as were licensed
prior to February 3, 1959, shall be granted or transferred to other
premises within 1,500 feet of existing licensed premises, provided
that an existing license may within the discretion of the issuing
authority be transferred to any place within 750 feet of its present
location if it has not been previously transferred from the place
for which it was originally issued. Where distance is referred to
herein, it shall be measured in the same manner as required by N.J.S.A.
33:1-76 for the measuring of 200 feet relative to churches and schools.
(2)
No license of any class shall be issued for any premises
located within 200 feet of any church or school, as defined and to
be measured in accordance with N.J.S.A. 33:1-76.
[Amended 2-17-2009 by Ord. No. O-09-002]
(3)
No license of any class shall be issued for any premises located within 500 feet of any Hillside Township owned or occupied building, which building is regularly open to the public for public gatherings, to be measured in the same manner as is provided for in subsection § 108-5D(2) hereinabove.
[Added 2-17-2009 by Ord. No. O-09-002]
No licensee shall sell, serve or deliver nor
shall any licensee permit the sale, service or delivery of any alcoholic
beverages, directly or indirectly, to any minor, habitual drunkard
or intoxicated person nor permit the same to congregate in or about
the licensed premises.
It shall be unlawful for any person under the
age of 21 years to consume or be in possession of any alcoholic beverage
on any public place in the Township or to consume or possess any alcoholic
beverage in any motor vehicle on any public highway, avenue, road,
street or alley in 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 the Division 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.
[Added 10-21-2003]
Unless provided otherwise by N.J.S.A. 33:1-1
et seq., any person, firm or corporation who shall violate any of
the provisions of this article shall, upon conviction, be punishable
by a fine not exceeding $1,000; imprisonment for a term not exceeding
90 days; and/or a period of community service not exceeding 90 days.
