[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Pohatcong as indicated in the article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 206.
Food-handling establishments — See Ch. 290.
[Adopted 5-6-1975]
This article is enacted under the authority granted by N.J.S.A. 33:1-1 to 33:1-96, also known as "Chapter 436 of the Laws of 1933," as supplemented and amended. The purposes of this article are to render effective provisions of the act cited, the rules and regulations issued by the Director of the Division of Alcoholic Beverage Control of the State of New Jersey and other applicable laws of the State of New Jersey and the United States of America.
For the purposes of this article, words and phrases herein shall have the same meanings as they have in N.J.S.A. 33:1-1 to 33:1-96 and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
The Township Committee is designated as the authority which shall issue all licenses and otherwise administer the provisions of this article.
All applications for licenses shall be filed with the Township Clerk in the form prescribed by the Director of the Division of Alcoholic Beverage Control. The application shall be addressed to the Township Committee and shall be accompanied by evidence of payment of the federal tax stamp.
Proof of publication of a notice of an application for a license or renewal or transfer of a license shall be in the form prescribed by state rules and regulations and shall be filed with the Township Clerk immediately after the second publication of the notice.
All applications for licenses shall be referred by the Township Clerk to the Chief of Police, who shall investigate the character and fitness of the applicant and the premises proposed for licensing and report his recommendations to the Township Committee.
All licenses, except those issued by the State Director of the Division of Alcoholic Beverage Control under N.J.S.A. 33:1-20, shall be granted by the Township Committee, signed by the Township Clerk.
The number of licenses permitted for each class of license shall be determined according to the procedure established by the Division of Alcoholic Beverage Control, based on current population figures for the Township of Pohatcong.
A. 
All licenses shall be for a term of one year from the first day of July in each year.
B. 
All fees shall be paid in advance, upon presentation of the application. Any licensee who voluntarily surrenders his license and who has not committed any violation of this article or any state law or rule or regulation, and who has paid all taxes and other charges that are due to the State of New Jersey or to the Township of Pohatcong, shall be entitled to 50% of the prorated fee for the unexpired term.
A. 
There shall be four classes of licenses issued in the Township of Pohatcong, as follows:
(1) 
Plenary retail consumption.
(2) 
Seasonal retail consumption.
(3) 
Plenary retail distribution.
(4) 
Club.
B. 
The annual fees for retail licenses effective July 1, 2008, is hereby established as follows:
[Amended 6-19-2007 by Ord. No. 07-9[1]]
(1) 
Plenary retail consumption license: $2,400.00.
(2) 
Plenary retail distribution license: $1,764.22.
(3) 
Club license: $75.00.
(4) 
Seasonal retail consumption license: $1,800.00.
[1]
Editor’s Note: This ordinance also repealed former Subsection C, concerning club licenses, which had immediately followed this subsection.
A. 
Restrictions. No plenary retail consumption license or plenary retail distribution license shall be issued, or a place-to-place transfer of an existing license granted, for the sale of alcoholic beverages upon premises which are within 750 feet of any existing premises licensed for the sale of alcoholic beverages under another plenary retail consumption or plenary retail distribution license, the distance being measured from the nearest entrance of the nearest licensed premises to the nearest entrance of the premises sought to be licensed in the normal way that a pedestrian would properly walk, as provided in N.J.S.A. 33:1-76.
B. 
Exceptions. Subsection A shall not apply in the following cases:
(1) 
The renewal or person-to-person transfer of any plenary retail consumption license or plenary retail distribution license which is in existence at the time of the adoption of this chapter.
(2) 
The transfer of a license to another place within 500 feet, measured in the manner provided in Subsection A, of the premises for which the license was granted, where the licensee has been forced to vacate the licensed premises for any reason not under his control which could not have been foreseen when the license was granted. Once a transfer is granted under this subsection, future transfers of the same license shall be only to a place within 500 feet of the premises initially licensed and vacated. Place-to-place transfers under the provisions of this subsection are not a matter of right, but shall be granted only in the discretion of the Township Committee.
(3) 
A licensee who has been permitted to relocate 750 feet of another licensed premises in accordance with Subsection B(2) shall have the same right to expand or enlarge the premises covered by his license as he would had he remained at the premises initially licensed and vacated.
A. 
No alcoholic beverages shall be served, delivered or consumed on any licensed premises between the hours of 2:00 a.m. and 6:00 a.m.
[Amended 12-9-1980; 3-9-1982; 2-21-2023 by Ord. No. 23-04]
B. 
Exceptions. On December 31, licensed premises may remain open and sell or offer to sell alcoholic beverages until the hour of 5:00 a.m. on January 1, the succeeding day. At no other time and upon no other occasion may licensed premises remain open during the closing hours specified in Subsection A of this section.
C. 
Closing of premises. During the hours that sales are prohibited by this section, the entire licensed premises shall be closed. This provision shall not apply to any premises licensed under a club license or to any licensed premises where a restaurant is conducted. The foregoing places may remain open during the prohibited hours in order to carry on normal business activities, except the sale of alcoholic beverages. If the premises remains open, however, the bar and any other place upon the licensed premises from which the sale or service of alcoholic beverages is made shall be closed.
Sales of alcoholic beverages shall be permitted on election days during the same hours the licensed premises would normally be open.
A. 
Presence in licensed premises restricted.
(1) 
No minor shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises unless accompanied by his parent or guardian.
(2) 
This subsection shall not apply to minors employed under a permit issued by the State Director of Alcoholic Beverage Control.
B. 
All licensees operating premises where alcoholic beverages are sold or served for consumption on the premises shall have permanently displayed within clear view of each entrance to the room in which alcoholic beverages are served a sign with letters large enough to be easily read by everyone entering the premises, stating: "No minors permitted in barroom unaccompanied by parent or guardian. Maximum penalty $500 or 90 days."
A. 
Sales to certain persons prohibited. No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any mentally defective, 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.
B. 
No sales of alcoholic beverages for consumption on the licensed premises shall be made on credit. However, this shall not be construed to preclude the extension of credit to holders of credit cards such as American Express, Bank of America and those of like nature and character. This subsection shall not apply to persons holding a club license.
C. 
Outside view of premises required. All licensed premises other than those for which club licenses are issued shall be so located that a normal-sized adult can, on inspection from the exterior, view the interior of the premises.
A. 
Enforcement authority. This article shall be enforced by the Police Department of the Township of Pohatcong. This subsection shall not be construed as affecting the enforcement powers of the New Jersey State Director of Alcoholic Beverage Control.
B. 
Revocation of license. Any license issued under this article 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 and 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. Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
Any person who violates any provision of this article or who permits the violation of any provision of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $500 or to imprisonment in the county jail for a term not to exceed 90 days, or both.[1]
[1]
Editor's Note: Former Arts. II, Consumption in Public Establishments, adopted 6-12-1979; III, Consumption on Public ways, adopted 6-12-1979; and IV, added 8-16-2005 by Ord. No. 05-16, which immediately followed this section, were repealed 2-16-2010 by Ord. No. 10-2.