Township of Washington, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Washington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo and raffles — See Ch. 24.
Licensing fees — See Ch. 80, Art. I.
Parks and recreation areas — See Ch. 164.
Public intoxication — See Ch. 168.
[Adopted 10-26-1995 by Ord. No. 26-1995 as Ch. VI of the 1994 Code]
This article is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Washington, County of Gloucester, in accordance with the provisions of the Act of Legislature entitled, "An Act Concerning Alcoholic Beverages," N.J.S.A. 33:1-1, et seq., as supplemented and amended, and in accordance with the rules and regulations issued or to be promulgated by the State Director of Alcoholic Beverage Control applicable thereto.
Words and phrases herein shall have the same meanings as they have 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.
[Amended 4-26-2007 by Ord. No. 16-2007; 5-10-2007 by Ord. No. 17-2007; 7-12-2007 by Ord. No. 24-2007]
The Township Council of the Township of Washington shall issue all licenses and otherwise administer the provisions of this article. In addition to the requirements set forth under N.J.S.A. 33:1-1 et seq., the following shall be the procedure for the acceptance of bids for the issuance of a plenary retail consumption license by the Township of Washington:
A. 
Council shall authorize the sale of said plenary retail consumption license by authorizing the sale of said license by way of competitive bidding which shall be published in the official newspapers of the Township as established by Council. The Township Council may also authorize the Mayor and Administration to further advertise the license for sale in other publications and establish a limit as to the cost of said additional advertising.
B. 
The authorizing resolutions shall set forth a sale price to be advertised in an amount set by Township Council and require that the bidder supply, by bank check or certified funds, an amount equal to 10% of the bid submitted by the bidder. The public notice shall also indicate that the balance of the funds must be paid to the Township by bank check, certified funds or wire transfer for the entire balance if the bid is successful, within 30 days after the bids are opened.
C. 
The advertisement for bids shall provide prospective bidders with at least 30 days from the date of the last required advertising date to submit bids to the Township Clerk, and provide that the bids shall be submitted not later than 12:00 noon on the date set for bids to be submitted or else the same shall not be opened or considered for acceptance.
D. 
A successful highest bidder shall be required to undergo an appropriate background investigation in accordance with New Jersey statutes, to be performed by the Washington Township Police Department.
E. 
Default provisions.
(1) 
Should the accepted bidder fail to pay the balance of the bid price in the form and manner as set forth above within 30 days following the opening of the bids, the Township shall be entitled to seek out all legal remedies in the Superior Court of New Jersey, at law or in equity, against said bidder to recover any deficiencies.
(2) 
The Township shall be entitled to withhold and maintain in escrow the amount equaling 10% of the total bid price received as part of the bid package.
(3) 
The Township shall be entitled to readvertise for bidders the retail consumption license in question immediately, in accordance with the provisions of this section, and if a bid should be received less than the successful bid price of the defaulted bidder, the Township shall be entitled to apply the ten-percent payment to any deficit should a bid be accepted less than the bid price of the defaulted bidder.
(4) 
Should a higher or equal bid be received, the funds held by the Township equal to 10% of the bid price of the defaulted bidder shall be returned less any and all costs and expenses reasonably associated with the readvertisement of the license, and any and all reasonable attorney’s fees and court costs should an action be initiated in the Superior Court of New Jersey against the defaulted bidder. Should a higher or equal bid be received, the funds held by the Township equal to 10% of the bid price of the defaulted bidder shall be returned less any interest accrued on the unpaid balance calculated in accordance with interest rates set by the Superior Court of New Jersey applicable to judgments pursuant to N.J.S.A. 4:42-11 from the point of time when due through to the date that the license is resold and all payments received; all costs and expenses reasonably associated with the readvertisement of the license; any and all reasonable attorney’s fees and costs should an action be initiated in the Superior Court of New Jersey against the defaulted bidder.
License required. It shall be unlawful to sell, distribute or transport alcoholic beverages in the Township without a license previously applied for and granted, pursuant to the provisions of the Act referred to in § 11-1 and the provisions of this article.
A. 
License fees shall be as set forth in Chapter 80, Fees. The maximum number of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:
[Amended 11-26-1996 by Ord. No. 33-1996; 1-13-2000 by Ord. No. 34-1999; 4-26-2007 by Ord. No. 16-2007]
(1) 
Plenary retail consumption license: Shall be amended as permitted by the state according to population.
(2) 
Plenary retail distribution license: Shall be amended as permitted by the state according to population.
B. 
Club licenses may be granted at the sole discretion of the Township Council pursuant to the rules and regulations of the Commissioner of Alcoholic Beverage Control and other laws of the State of New Jersey. The annual license fee shall as set forth in Chapter 80, Fees, of this Code.
C. 
Separate licenses. A separate license is required for each specific place of business.
D. 
Issuance restriction. No more than one retail license shall be granted to any person.
A. 
If an application is for a building not yet constructed, plans, in quadruplicate, of the proposed building shall accompany the application. The plans shall show the appearance (a rendering), design (an elevation plan) and location (a site plan) of the proposed building. The type or types of exterior building material and the overall and room dimensions (a floor plan).
B. 
Licenses contingent on completion of construction shall be void:
(1) 
Sixty days after issuance if the licensee fails to submit a site plan to the Planning Board for its review and action.
(2) 
Thirty days after site plan approval if the licensee fails to apply to the Building Inspector for a building permit.
(3) 
Six months after the issuance of the building permit if the licensee fails to complete construction in accordance with the plans approved by the Township Council.
No licensed premises shall be altered or enlarged (place-to-place transfer) unless and until the Township Council grants the application for such alteration or enlargement and endorses such permission on the license.
All licenses shall be for a term of one year from July 1 in each year.
[Amended 4-26-2007 by Ord. No. 16-2007; 5-10-2007 by Ord. No. 17-2007; 7-12-2007 by Ord. No. 24-2007]
A. 
Restriction as to the type of premises required for issuance of a plenary retail consumption liquor license. The premises to be licensed shall be a freestanding, single-use structure, properly zoned and capable of meeting site plan requirements and all requirements of the various zoning and development ordinances of the Township of Washington and the premises shall require the service of food. Notwithstanding this requirement, a non-freestanding structure shall be permitted if the same meets the following requirements:
(1) 
The licensed premises shall satisfy the parking requirements of the various zoning and development ordinances of the Township of Washington;
(2) 
The licensed premises within a non-freestanding structure shall require the service of food;
(3) 
Sufficient parking is provided, in addition to that provided for the restaurant portion of the licensed premises, in order to accommodate the maximum number of patrons permissible within the bar and/or counter area of the intended licensed premises; and
(4) 
The main entrance of the licensed premises must be located immediately adjacent to the parking area for the intended licensed premises.
B. 
Restriction as to the type of premises required for issuance of a plenary retail distribution license. The premises to be licensed shall be a freestanding, single-use structure, properly zoned and capable of meeting site plan requirements and all requirements of the various zoning and development ordinances of the Township of Washington. Notwithstanding this requirement, a nonfreestanding structure shall be permitted if the same meets the following requirements:
[Added 5-8-2008 by Ord. No. 16-2008]
(1) 
The licensed premises shall satisfy the parking requirements of the various zoning and development ordinances of the Township of Washington;
(2) 
A minimum of 75% of the retail floor area shall be committed to the retail display of alcoholic beverages for sale as opposed to any other items of merchandise such as food, clothing, or other such retail items.
A. 
No licensee shall sell or deliver or allow, permit or suffer the sale or delivery of any alcoholic beverage at retail in its original container for consumption off the licensed premises or allow, permit or suffer the removal of any alcoholic beverage in its original or open container from a retail licensed premises, except malt alcoholic beverages as hereinafter provided, on Sunday or before 9:00 a.m. or after 10:00 p.m. on any other day of the week. No licensee shall sell or allow, permit or suffer the sale of any alcoholic beverage at retail by the glass or any other open receptacle for consumption on the licensed premises or the sale or the delivery of malt alcoholic beverages at retail in the original container for consumption off the licensed premises between the hours of 2:00 a.m. and 11:00 a.m. on Sundays and between the hours of 2:00 a.m. and 10:00 a.m. on the other days, except that licensees may remain open and sell alcoholic beverages by the glass or other open receptacle for consumption on the licensed premises and sell or deliver malt alcoholic beverages in the original container for consumption off the licensed premises on January 1 until 4:00 a.m.
B. 
During the hours that sales are prohibited by this section, the entire licensed premises shall be closed; provided, however, that a restaurant may remain open to provide meals to the public.
The licensed premises for the sale of alcoholic beverages at retail by the glass or other receptacle for consumption therein must be an establishment regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of foods for its customers and in which no other business, except such as is incidental to such establishment, is conducted.
No licensee shall allow, permit or suffer any illegal activity or enterprise on or about the licensed premises, or allow, permit or suffer the licensed premises to become a nuisance. All licensed premises shall be so designed and operated that a normal sized adult can, on inspection from the exterior, view the interior of the premises at all times.
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.
No licensee shall:
A. 
Allow, permit or suffer in or upon the licensed premises any disturbances, brawls or unnecessary noises, nor allow, permit or suffer the licensed premises to be conducted in such a manner as to become a nuisance.
B. 
Allow, permit or suffer any lottery to be conducted or any ticket or participation right in any lottery to be sold or offered for sale in or upon the licensed premises, except as permitted by state law.
C. 
Engage in or allow, permit or suffer any pool selling, bookmaking or any playing for money at faro, roulette, rouge et noire or any unlawful game or gambling of any kind, or any device or apparatus designed for any such purpose on or about the licensed premises.
D. 
Possess, allow, permit or suffer on or about 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.
No person shall be served in any room which is not open to the use of the public generally; provided, however, that nothing in this section shall be deemed to prohibit the service of alcoholic beverages to hotel guests in their rooms or service in private dining rooms of bona fide hotels, motels and restaurants. This section shall not be applicable to club licensees.
All premises in which alcoholic beverages are sold or dispensed, excepting guest rooms in hotels and motels and private dining rooms in hotels, motels and restaurants, shall be so arranged that a full view of the interior may be had from the public thoroughfare or from adjacent rooms to which the public is freely admitted. All such premises shall be lighted sufficiently so that a full view of the interior thereof may be had at all hours from the public thoroughfare or from the adjacent rooms.
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article, any provisions of any applicable statute or any of the rules or regulations of the State Director of Alcoholic Beverage Control.
Except as provided in N.J.S.A. 33:1-1 et seq., violations of the provisions of this article shall be punishable as provided in Chapter 1, General Provisions, Article I.
[Adopted 10-26-1995 by Ord. No. 26-1995 as Sec. 5-2 of the 1994 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
As used in this article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Any fluid, or solid capable of being converted into a fluid, suitable for human consumption and having an alcoholic content of more than 1/2 of 1% by volume, including alcohol, beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed fermented or distilled liquors fit for use for beverage purposes, or any mixture of the same and fruit juices.
ALCOHOLIC BEVERAGE CONTAINERS
Any container made of either glass, aluminum, tin, cardboard, or any other substance which can or may be used for the purpose of holding alcoholic beverages.
PRIVATE PLACE
Any place which is not a public place as defined below.
PUBLIC PLACE
Any place, either publicly or privately owned, which is or may be frequented by the public.
A. 
No person acting individually or participating with one or more persons shall consume or attempt to consume an alcoholic beverage or possess, display, dispense or distribute any alcoholic beverage out of its original container:
(1) 
While in or on a public street, lane, roadway, avenue, sidewalk, public parking place, park, playground, recreation area or any other public place or quasi-public place or in any public conveyance without permission of any owner, tenant, lawful occupant or person having the authority to grant such permission, or any private place of which he is not an owner, tenant or lawful occupant.
(2) 
While in a private motor vehicle, in motion or parked in any public street, lane, parking lot or other public place; or upon any private place of which he is not an owner, tenant or lawful occupant, without the express permission of the property owner, tenant or lawful occupant or other person having the authority to grant such permission.
B. 
No person acting individually or participating with one or more persons shall be intoxicated or drunk or disorderly in any public omnibus, street, highway, thoroughfare or any sidewalk, store, restaurant or any public or quasi-public place or house to the annoyance of any person.
C. 
No person shall discard alcoholic beverage containers upon any public street, sidewalks, parking lots, roadways, pathways, playgrounds, parks or quasi-public areas, or any other public property whatsoever, within the Township of Washington at any hour of the day or night.
D. 
In determining whether or not any of the unlawful acts set forth in Subsections A, B and C of this section have been committed, the trier of fact, in addition to or as part of the proofs, may consider the following factors:
(1) 
Statements made by an owner or by anyone in control of the alcoholic beverage.
(2) 
The proximity of the defendant to the alcoholic beverage and his opportunity or ability to consume.
(3) 
Whether the alcoholic beverage is unsealed or has been partially consumed or is in an open or unsealed container, such as a glass or a cup.
(4) 
Whether the defendant or any person(s) in close proximity to the defendant exhibits an odor of alcoholic beverage coming from his and/or their person or exhibits physical conduct, attributes or demeanor associated with the consumption of alcoholic beverages.
(5) 
Direct or circumstantial evidence of the intent of an owner or anyone in control the alcoholic beverage to deliver, distribute or make available such alcoholic beverage to the defendant or any other person or persons in close proximity to the defendant.
Notwithstanding any of the terms and provisions contained herein, the Township Council of the Township of Washington may for good cause issue a permit for the possession or consumption of alcoholic beverages in a designated park or other public place under its jurisdiction, at a designated time or times in connection with a special event. Said permission shall only be granted upon submission to the Mayor and Township Council of the Township of Washington of a request in writing for a permit, setting forth the nature of the special event, the location of said special event, the time of said special event and the organization sponsoring said special event.
A. 
Violations of the provisions of this article shall be punishable as provided in Chapter 1, General Provisions, Article I.
B. 
When the Municipal Court suspends the imposition of a defendant's sentence, or a portion thereof, or sentences him to be placed on probation, the municipality may attach such reasonable conditions authorized by N.J.S.A. 2C:45-1, including the performance of community-related services, and the imposition of conditions reasonably related to the rehabilitation of the defendant, including but not limited to alcohol rehabilitation programs or other such programs related to alcohol education or rehabilitation.