[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,[1] 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.
[1]
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.
A.
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]
(1)
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.
(2)
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.
(3)
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.
B.
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]
A.
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.
B.
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.
C.
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.
[Amended 4-16-1968]
A.
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.
B.
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.
C.
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.
A.
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.
B.
No licensee shall permit or suffer minors, mental
defectives, habitual drunkards or intoxicated persons to congregate
in or about the licensed premises.
C.
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]
A.
GUARDIAN
RELATIVE
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.
B.
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.
C.
Penalties; fines.
(1)
The fine for such an offense under this section shall
be $250 for a first offense and $350 for any subsequent offense.
(2)
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.
