[HISTORY: Adopted by the Township Committee of the Township of Egg Harbor as indicated in article histories. Amendments noted where applicable.]
Editor's Note: The provisions of this chapter are derived from Chapter VII of the former Revised Ordinances, adopted 8-11-1975, as amended.
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Egg Harbor 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 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.
Laws applicable. 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 § 64-1 and all other applicable laws of the State of New Jersey or the United States.
Issuing authority. All licenses required by this chapter shall be issued by the Township Committee, which shall also administer the provisions of this chapter.
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 § 64-1 and the provisions of this chapter.
License fees. The annual license fees, type and maximum number of licences for the sale or distribution of alcoholic beverages in the Township shall be as follows:
[Amended 6-14-1978 by Ord. No. 13-1978; 6-9-1982 by Ord. No. 37-1982; 2-9-1983 by Ord. No. 2-1983; 4-11-1984 by Ord. No. 9-1984; 2-27-1985 by Ord. No. 7-1985; 3-11-1987 by Ord. No. 7-1987; 2-24-1988 by Ord. No. 3-1988; 6-14-1989 by Ord. No. 21-1989; 5-9-1990 by Ord. No. 12-1990; 3-13-1991 by Ord. No. 8-1991; 4-22-1992 by Ord. No. 16-1992; 4-27-1994 by Ord. No. 11-1994; 10-9-1996 by Ord. No. 35-1996; 10-8-2003 by Ord. No. 33-2003; 4-27-2005 by Ord. No. 18-2005; 8-10-2005 by Ord. No. 44-2005; 2-17-2016 by Ord. No. 5-2016]
Plenary retail distribution license restriction. No plenary retail distribution license shall be granted and issued for the sale of alcoholic beverages in or about or upon any premises whatsoever, where any other business of any kind is carried on excepting the business of the sale of cigars, cigarettes, mixers and other items permitted by law.
Hours. No sale or distribution of alcoholic beverages or other beverages under plenary retail consumption licenses or club licenses shall be made after the hour of 4:00 a.m. prevailing time, and the licensed premises shall be closed and free from all patrons after the hour of 4:00 a.m. prevailing time, and the licenses premises-may open after 8:00 a.m. prevailing time. Sale and distribution of beverages under plenary retail consumption licenses or club licenses may be made and the licensed premises may remain open on December 31 and January 1, for a continuous 24 hours' prevailing time, being commonly called "New Year's Eve." The hours mentioned herein refer to the time officially in effect in the Township of Egg Harbor.
[Added 4-23-1980 by Ord. No. 4-1980]
Editor's Note: Former subsection F, dealing with distance limitations between retail liquor license establishments, added 6-14-1976 by Ord. No. 9-1976, as amended, was repealed 9-23-1987 by Ord. No. 46-1987, as amended 6-14-1989 by Ord. No. 21-1989, which ordinance also provided for the renumbering of Subsections G and H as Subsections F and G, respectively.
Plenary retail consumption licenses to hotel or motel operator. There may be issued a new license to a person who operates a hotel and motel containing 100 guest sleeping rooms or who may hereafter construct and establish a new hotel or motel containing at least 100 guest sleeping rooms.
[Added 4-25-1984 by Ord. No. 12-1984]
The closing of premises requirement in § 64-3F shall not apply to the following:
[Added 4-22-1992 by Ord. No. 17-1992]
Hotels or motels with a minimum of 100 guest rooms.
Bona fide restaurants, which are establishments 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 food for its customers and in which no other business, except such as is incidental to such establishment, is conducted.
Those areas of hotels or motels with a minimum of 100 guest rooms, bowling alleys and bona fide restaurants must designate those areas which are specifically allocated for the serving of alcoholic beverages, and such areas shall be free of all patrons during the closing hours between 4:00 a.m. and 8:00 a.m. Patrons shall not take any alcoholic beverages from the designated area to a nondesignated area that remains open, and no patron shall consume alcoholic beverages in those areas that remain open during the period of 4:00 a.m. to 8:00 a.m.
[Added 4-22-1992 by Ord. No. 17-1992]
No person shall be on any public highway, alley, beach, park, sidewalk, street or place of amusement in the Township not licensed for the sale, service or delivery of alcoholic beverages, or in any automobile or other vehicle parked upon any street, highway or alley, with an open bottle, can, container or other receptacle which contains or recently contained an alcoholic beverage.
[Amended 12-23-1986 by Ord. No. 53-1986]
Presence. No person under the legal age shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises, unless accompanied by that person's parent or guardian. However, a person under the legal age may enter any licensed premises in the regular pursuit of his or her business, trade or occupation or to purchase food or to be a guest in a bona fide hotel or restaurant.
Purchase of alcoholic beverages by a person under the legal age. No person under the legal age shall purchase, attempt to purchase or have another purchase for that person any alcoholic beverages on any premises licensed for the sale of alcoholic beverages.
Purchase of alcoholic beverages for a person under the legal age. No person shall purchase or attempt to purchase alcoholic beverages for a person under the legal age. 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 person under the legal age.
Misstating age. No person shall misstate his or her age or the age of another person for the purpose of inducing any licensee or the licensee's employee to sell, serve or deliver any alcoholic beverages to a person under the legal age or to permit a person under the legal age to remain on any premises in violation of Subsection A.
Presumption. Any parent or guardian of a person under the legal age who accompanied such person under the legal age into a premises in which alcoholic beverages are served and who permits the person under the legal age to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of the person under the legal age.
Possession. Nothing in this section shall apply to possession of alcoholic beverages by any person while actually engaged in the performance of employment pursuant to an employment permit issued by the Director of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of N.J.S.A. 33:1-26.
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.
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-1 to 33:1-96 by service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing. Any suspension or revocation shall carry the penalties and prohibitions provided in the statutes referred to herein.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
[Amended 12-23-1986 by Ord. No. 53-1986]
Any licensee who shall violate or fail to comply with the provisions of this chapter shall, upon conviction, have his, her or its license subject to such penalties as provided by law.
[Adopted 11-29-2000 by Ord. No. 45-2000]
It shall be unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property.
Any person violating the provisions of this article shall, in accordance with the provisions of N.J.S.A. 40:48-1.2, as amended, be punished by a fine of $250 for a first offense and $350 for any subsequent offense.
In addition to the fine authorized for this offense, the court may suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to N.J.S.A. 40:48-1.2, as amended. If a person at the time of the imposition of sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Division of Motor Vehicles along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color and sex of the person, as well as the first and last date of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
If a person convicted under this article is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit it to the Division of Motor Vehicles on the required report. The court shall not collect the license of a nonresident convicted under this article. Upon receipt of a report for the court, the Division of Motor Vehicles shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
Nothing contained in this article is intended, nor shall it be construed, as prohibiting an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
As used in the preceding section (Subsection A hereof), the following terms shall have the meaning set forth:
- A person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
- The underaged person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.
Nothing contained in this article is intended nor shall it be construed as prohibiting possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post-secondary educational institution; provided, however, that this article shall not be construed to preclude the imposition of a penalty under this article, N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.