[HISTORY: Adopted by the Township Committee
of the Township of Pittsgrove as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-20-1937]
This article is for the purpose of regulating
the sale and distribution of alcoholic beverages in the Township of
Pittsgrove, County of Salem and State of New Jersey, in accordance
with the provisions of an act of the Legislature, entitled “An
Act Concerning Alcoholic Beverages,” P.L. 1933, c. 436, as amended
and supplemented,[1] and in accordance with the regulations promulgated or
to be promulgated by the State Commissioner of Alcoholic Beverage
Control.[2]
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
[2]
Editor's Note: The functions, powers and duties
of the State Commissioner of Alcoholic Beverage Control are continued,
but such functions, powers and duties were transferred to and vested
in the Director of the Division of Alcoholic Beverage Control pursuant
to N.J.S.A. 52:17B-17.
[Amended 1-13-1945; 4-10-1968; 12-11-2001 by Ord. No. 7-2001]
A.
Number of plenary retail consumption licenses restricted.
The plenary retail consumption licenses granted and issued by the
Township shall be limited to not more than four licenses.
B.
Number of plenary retail distribution licenses restricted.
The plenary retail distribution licenses granted and issued by the
Township shall be limited to not more than one license.
[Amended 12-11-2001 by Ord. No. 7-2001]
[Amended 4-13-1964; 4-10-1968; 12-11-2001 by Ord. No. 7-2001]
Club licenses may be granted and issued by the
Township, and the same shall be limited to not more than two licenses.
[Amended 4-10-1968; 12-14-1983; 12-11-2001 by Ord. No. 7-2001]
The fees for plenary retail consumption and plenary retail distribution licenses permitting the sale of alcoholic beverages within the Township and the fees for club licenses shall be as set forth in Chapter A120, Fees.[1]
[1]
Editor's Note: Former Section 6, which was
amended 9-21-1951 and which provided for license fees for seasonal
retail consumption licenses, was repealed 12-14-1983.
[Added 4-14-1954; amended 9-13-2005 by Ord. No. 9-2005]
Nothing in this article shall prevent the issuance,
in the Township of Pittsgrove, of a plenary retail consumption license
to a person who operates a hotel containing at least 100 sleeping
rooms or who may hereafter construct and establish a new hotel containing
at least 100 sleeping rooms. A license issued pursuant to the exception
provided herein shall be specially conditioned upon continuance of
operation of the establishment as a hotel containing at least 100
sleeping rooms; and such license shall not be transferred to other
premises unless such other premises are operated as a hotel containing
at least 100 sleeping rooms. A license issued pursuant to the exception
provided herein shall be specially conditioned upon continuance of
operation of the establishment as a hotel containing at least 50 sleeping
rooms, and such a license shall not be transferred to other premises
unless such other premises are operated as a hotel containing at least
50 sleeping rooms.
Nothing herein contained shall prevent the transfer
of a license according to law, and nothing herein contained shall
apply to the issuance of renewals of licenses already issued and outstanding
at the passage of this article.
[Added 4-14-1965]
A.
It shall be unlawful to sell or offer for sale, at
retail or otherwise, or to give away in or upon any licensed premises
any alcoholic beverages except between the hours of 7:00 a.m. and
2:00 a.m. of any Monday through Saturday and between the hours of
10:00 a.m. Sunday and 2:00 a.m. Monday.
[Amended 12-14-1983; 12-11-2001 by Ord. No. 7-2001]
B.
It shall be unlawful to keep open for business or
to admit the public to any premises wherein a plenary retail consumption
license has been located during the hours within which the sale of
such alcoholic beverages is prohibited, provided that in the case
of restaurants and dining rooms, such establishments may be kept open
for business, but no alcoholic beverages may be sold or consumed on
the premises during such hours.
[Amended 9-26-2012 by Ord. No. 4-2012]
C.
Any portion of premises in which a retail distribution license has been approved may not be open to the public except during the hours in which alcoholic beverages are permitted to be sold as provided in Subsection A above or by state statute, whichever is more limited. The remainder of the premises in which a plenary retail distribution license is situate may be open for business, and the public may be admitted, so long as the area dedicated to the sale of alcoholic beverages is secured against public access.
[Added 9-26-2012 by Ord. No. 4-2012]
[Added 12-14-1983; amended 9-13-2005 by Ord. No. 9-2005; 3-14-2006 by Ord. No. 4-2006]
Any person violating any of the provisions of
this article shall, upon conviction thereof, be subject to one or
more of the following: imprisonment in the county jail for any term
not exceeding 90 days; or by a fine of no less than $100 and not more
than $2,000; or by a period of community service not exceeding 90
days.
[Adopted 12-12-1984 by Ord. No. 9-1984]
A.
Except as set forth herein, it shall be illegal for
any person to consume or possess any alcoholic beverage in public.
Nothing contained herein shall prohibit a person from transporting
alcoholic beverages purchased for personal consumption from the place
of purchase to a private residence, club or from one private residence
to another. For the purpose of this section, a motor vehicle shall
be considered in a public place so long as the same is parked or stopped
in a public place. This subsection shall not apply to motor vehicles
stopped for traffic conditions or controls enroute from the place
of purchase to the private residence or club or from one private residence
to another.
B.
Nothing contained in this article shall prevent the
transportation of alcoholic beverages by any person licensed to do
so by the State of New Jersey or any of its lawful agencies or officers.
C.
Under no circumstances shall any person consume an
alcoholic beverage in a motor vehicle, nor shall any person possess
any unsealed glass, can, bottle or other receptacle containing an
alcoholic beverage while in a motor vehicle, which is found upon the
streets and highways of the Township of Pittsgrove, Salem County,
New Jersey.
When an unsealed glass, can, bottle or other
receptacle containing an alcoholic beverage is found in a motor vehicle,
it is presumed to be in the possession of the occupant of that vehicle
if there is but one occupant. If there is more than one occupant in
the vehicle, it shall be presumed to be in the possession of all such
occupants.
[Added 9-26-2012 by Ord. No. 4-2012[1]]
A plenary retail distribution license may be located within
premises utilized for purposes unrelated to the sale of alcoholic
beverages. Notwithstanding this provision, the area dedicated to the
sale and storage of alcoholic beverages shall be separated and segregated
by a physical and lockable barrier from the remainder of the premises
such that access to alcoholic beverages can be controlled and limited
to persons authorized to purchase alcoholic beverages. The area dedicated
to the sale, possession, storage, and consumption of alcoholic beverages
shall have a separate service counter for processing payments, and
a representative of the licensed owner shall be present during all
hours when the sale of alcoholic beverages is permitted. It is the
purpose and intent of this article to segregate the sale and distribution
of alcoholic beverages from the sale of any other merchandise offered
for sale on premises where the plenary retail distribution license
shall be situated.
[Amended 9-13-2005 by Ord. No. 9-2005; 3-14-2006 by Ord. No.
4-2006; 9-26-2012 by Ord. No. 4-2012]
Any person convicted of violating any provision
of this article shall for each such conviction be subject to imprisonment
in the county jail for a term not exceeding 90 days, a fine of no
less than $100 and not more than $2,000, a term of community service
not exceeding 90 days, or a combination of all of these penalties
as the court may deem appropriate.
