[HISTORY: Adopted by the Township Committee (now Mayor and Council) of the Township of North Brunswick 8-16-1937. Amendments noted where applicable.]
This chapter is for the purpose of fixing license fees and regulating the sales of alcoholic beverages in the Township of North Brunswick, County of Middlesex, in accordance with the provisions of an act of the Legislature entitled "An Act Concerning Alcoholic Beverages," pursuant to Chapter 436, Public Laws 1933, as amended and supplemented, and in accordance with the rules and regulations promulgated or to be promulgated by the State Commissioner of Alcoholic Beverage Control applicable thereto, affecting such subject matter, and the rules and regulations promulgated by the Township of North Brunswick.
Editor's Note: See N.J.S.A. 33:1-1 et seq.
It shall be unlawful to sell or distribute alcoholic beverages otherwise than as provided in the aforesaid Act or this chapter.
The Mayor and Council of North Brunswick Township shall be the authority for the administration and the issuance of all licenses hereunder.
The fees for licenses issued under the provisions of this chapter and of said Act shall be as follows:
[Amended 7-5-1966; 9-6-1977; 9-15-1997 by Ord. No. 97-9; 8-3-2009 by Ord. No. 09-12]
For plenary retail consumption licenses, the annual fee shall be $2,500. For businesses that are paying less than $2,500 as of the effective date of this chapter, their annual fee shall be equal to the lesser of 120% of the prior year's fee or $2,500.
For plenary retail distribution licenses, the annual fee shall be $2,500. For businesses that are paying less than $2,500 as of the effective date of this chapter, their annual fee shall be equal to the lesser of 120% of the prior year's fee or $2,500.
The fee for a club license issued under the provisions of this chapter and the Act Concerning Alcoholic Beverages shall be the sum of $180 per annum.
No license shall be issued except after written application has been presented by the said proposed licensee upon forms furnished by the Mayor and Council and after publication of notice and as otherwise required by said Act and this chapter.
[Amended 12-21-1970; 2-1-1971; 9-2-1986; 6-1-1987; 7-1-2002 by Ord. No. 02-32; 7-6-2004 by Ord. No. 04-15]
Not more than 17 plenary retail consumption licenses, not more than five plenary retail distribution licenses and not more than three club licenses shall be issued and outstanding at the same time in the Township of North Brunswick.
Not more than four plenary retail consumption licenses and not more than one plenary retail distribution license shall be issued for or transferred to premises located on Livingston Avenue and Livingston Avenue Extension (or within 200 feet of either property line of said Livingston Avenue and Livingston Avenue Extension) between the City of New Brunswick and the Township of North Brunswick boundary line and the intersection of Livingston Avenue Extension and Route 1, North Brunswick Township.
Not more than one retail alcoholic beverage license shall be granted to any person in the Township of North Brunswick, and said license shall cover only the licensed premises.
Except as hereinafter provided, no alcoholic beverage shall be sold, served or delivered, nor shall any licensee permit the sale, service or delivery of any alcoholic beverage, directly or indirectly, upon the licensed premises between the hours of 2:00 a.m. and 7:00 a.m. on any day of the week except Sunday, on which said day the prohibition imposed in this section shall be between the hours of 2:00 a.m. and 12:00 noon, and provided further that on any New Year's Day it shall be lawful to make sale of intoxicating beverages until the hour of 5:00 a.m. on said New Year's Day.
Furthermore, the licensed premises must be closed, and no person other than the licensee and his employees is permitted to enter or remain thereon, except restaurants as defined in N.J.S.A. 33:1-1t, etc., clubs, bona fide hotels and motels and all other establishments where the principal business or activity is other than the sale of alcoholic beverages, during the hours herein mentioned.
The hours aforementioned shall be construed to indicate standard time or daylight saving time during such period when each may be in effect in the Township of North Brunswick.
No sales of alcoholic beverages for consumption on the licensed premises shall be made on credit, nor shall any sales of any alcoholic beverages be made to any minor, mental defective, habitual drunkard or to any person apparently intoxicated, provided that the prohibition against sales on credit shall not apply to club licensees nor holders of plenary retail distribution licenses.
No licensee shall permit or suffer minors, mental defectives, habitual drunkards or intoxicated persons to congregate in or about the licensed premises.
No licensee shall keep a disorderly house nor suffer any person to gamble in said place for money or the value of money.
No person shall be served in any back room or side room of premises operated under a plenary consumption license which is not open to the use of the public generally.
Any license issued pursuant to this chapter may be suspended or revoked for violation of any of the provisions of this chapter or for violation of the provisions of the Act Concerning Alcoholic Beverages, passed December 6, 1933, as amended and supplemented, or of any of the rules and regulations promulgated by the State Commissioner of Alcoholic Beverage Control.
[Amended 9-6-1977; 4-17-2006 by Ord. No. 06-06]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $2,000 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Judge. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Added 2-20-2007 by Ord. No. 07-05]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- A person who is qualified as a guardian of the underage person pursuant to testamentary or court appointment.
- An underage person's parent, grandparent, aunt, uncle, sibling, first cousin or closer relative by blood, marriage or adoption who has attained the legal age to purchase and consume alcoholic beverages.
Violations; exceptions. Any person under the legal age to purchase and consume alcoholic beverages who, without legal authority, knowingly possesses, orders, purchases, serves or consumes alcoholic beverages or who is under the influence of alcoholic beverages within the municipal boundary of the Township of North Brunswick shall be in violation of this section and subject to the penalties hereof. This section shall not apply to an underage person 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. This section shall not apply to any underage 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; however, this section shall not be construed to preclude the imposition of a penalty under this section, 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.
The fine for such an offense under this section shall be $250 for a first offense and $350 for any subsequent offense.
The court may further suspend or postpone, for six months, the driving privileges of the defendant, in addition to the fine authorized for this offense. If a person at the time of the imposition of such sentence is less then 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 such sentence under this section has a valid driver's license issued by this state, the court shall immediately collect the license and forward same to the State Motor Vehicle Commission along with the report.