[Amended 5-13-2009 by Ord. No. 13-2009]
A.
Plenary
Retail Consumption License with "Broad Package Privilege" ("32") and
Plenary Retail Distribution License ("44"): No alcoholic beverages
shall be sold, delivered or served in any licensed premises on any
weekday between the hours of 2:00 a.m. and 7:00 a.m., prevailing time,
or on Sundays between 2:00 a.m. and 10:00 a.m., prevailing time.
B.
All other
retail liquor licenses: No alcoholic beverages shall be sold, delivered
or served in any licensed premises on any weekday between the hours
of 2:00 a.m. and 7:00 a.m., prevailing time, or on Sundays between
2:00 a.m. and 12:00 noon, prevailing time.
No licensee shall permit, suffer or allow any
person to consume alcoholic beverages or to be in or upon any part
of the licensed premises on any weekday between the hours of 2:30
a.m. and 7:00 a.m., prevailing time, or on Sundays between the hours
of 2:30 a.m. and 12:00 noon, prevailing time, except regular employees
of the licensee actually engaged in the course of their employment,
tradesmen with whom the licensee is actually engaged in doing business,
or public officers or employees engaged in the course of their official
duties.
No licensee shall employ any person in or about
any licensed premises, except entertainers, who has not been issued
an identification card by the Police Department. All persons presently
so employed shall report to the Police Department for fingerprint
and identification checks and the issuance of an identification card
within 15 days of the effective date hereof.
A.
All persons employed in or about any licensed premises,
except entertainers, shall carry an identification card issued by
the Police Department at all times while in the course of their employment,
and shall exhibit the same upon the request of any authorized Township
official.
B.
Any person desiring to obtain an identification card
shall report to police headquarters where application forms shall
be completed and fingerprints and a photograph obtained. The applicant
shall pay a fee of $5 for an identification card.
C.
The Police Department shall issue an identification
card to each employee, which card shall contain the name, address,
and a photograph of the employee. A copy of the identification card
and photograph shall be maintained on file by the Police Department.
[Amended 5-13-2009 by Ord. No. 13-2009]
A.
The provisions of § 62-7 and § 62-8 shall not apply on January 1. On that day, alcoholic beverages may not be served or consumed in any licensed premises between the hours of 5:00 a.m. and 7:00 a.m., unless January 1 is a Sunday, in which case alcoholic beverages may not be sold, served, delivered or consumed in any licensed premises between the hours of 5:00 a.m. and 10:00 a.m. in the case of licenses identified in § 62-7A and between the hours of 5:00 a.m. and 12:00 noon in the case of licenses identified in § 62-7B.
No licensee or employee of a licensee shall
sell, serve or deliver, directly or indirectly, any alcoholic beverages
to any habitual drunkard, intoxicated person or person under 21 years
of age, nor permit the consumption of alcoholic beverages on any licensed
premises by any of the above named classes or persons, or permit any
such persons to congregate in or about the licensed premises.
During the hours that the sale of alcoholic
beverages are hereinabove prohibited, the entire licensed premises
shall also be closed, and no person shall be admitted or permitted
to remain therein except the licensee or bona fide employees of the
licensee except as may be herein otherwise specifically provided.
No person not connected with the alcoholic beverage
business shall congregate or loiter in or about any premises wherein
alcoholic beverages are sold during the hours between which the sale
of alcoholic beverages is prohibited.
No alcoholic beverages shall be sold, served,
delivered to or consumed, or allowed to be sold, served, delivered
to or consumed, in any room or area in any licensed premises in which
the number of persons in the room is greater than one person for each
10 square feet of floor area of the room not covered by a bar or working
space. A placard shall be issued advising the total number of persons
permitted in the room pursuant to this section, which shall be posted
on the premises in a conspicuous place and manner.
[Amended 12-8-2004 by Ord. No. 37-2004; 8-10-2011 by Ord. No. 19-2011; 4-22-2015 by Ord. No.
6-2015; 4-27-2016 by Ord. No. 3-2016; 11-26-2019 by Ord. No. 17-2019]
A.
No person shall drink or otherwise consume, or offer to another person
for the purpose of consumption, in any public place, lane or sidewalk,
public parking lot, public or quasi-public place other than a place
licensed to sell alcoholic beverages and dispense alcoholic beverages
for consumption on the premises, or in public conveyance; provided,
however, that the provisions of this subsection shall not apply to
any place or establishment for which a valid alcoholic beverage consumption
license has been issued by the New Jersey Division of Alcoholic Beverage
Control. No person owning or operating any commercial establishment,
whether or not food or beverages are sold or served on the premises,
shall permit or allow the consumption of alcoholic beverages on the
premises whether or not said alcoholic beverages are brought onto
the premises by the owner or operator of the establishment or by any
member of the general public.
B.
Except as defined below in Subsection B(1) and (2), only restaurants shall be permitted to offer customers BYOB services. The word "restaurant" shall have the meaning set forth in § 140-17 of the Land Use and Development Regulations of the Township and shall not include "fast-food/carry-out restaurants" as defined therein.
(1)
In addition to restaurants, art galleries that charge customers a
fee to participate in art classes may offer customers BYOB services
at art gallery premises. Art classes require instructors who are compensated
for teaching customers to paint or to engage in a similar artistic
endeavor.
(2)
Indoor virtual golf simulator facilities with five or more bays that
charge customers a fee to participate may offer customers BYOB services
on premises. Bays shall be a minimum of 15 feet by 23 feet in dimension.
(3)
Art
galleries and indoor virtual golf simulator facilities shall be subject
to all of the requirements of the Land Use and Development Regulations
of the Township.
C.
Rules and regulations. The following rules and regulations are applicable
to all premises allowing patrons to BYOB:
(1)
Premises allowing patrons to BYOB must comply with all applicable
state, federal and municipal rules, regulations, statutes and ordinances
pertaining to the consumption of wine or malt alcoholic beverages
on a premises that is not licensed or permitted to sell or serve alcoholic
beverages.
(2)
Premises allowing patrons to BYOB shall provide notice in writing
to the Wall Township Municipal Clerk by November 1 of the preceding
year indicating BYOB will be permitted on said premises. The notice
shall include the street address and the lot and block numbers of
the premises on which the restaurant or business is conducted, and
the name and telephone number of the manager of the restaurant or
business.
(3)
The consumption of alcoholic beverages, other than wine or malt alcoholic
beverages, shall not be permitted.
(4)
There shall be no consumption of wine or malt alcoholic beverages
by employees of the premises, but only by patrons who are seated for
meal service at a table or for art instruction. No person waiting
to be seated for service may consume or possess an open container
of an alcoholic beverage while waiting to be seated for service.
(5)
The consumption of alcoholic beverages by patrons may be permitted
in fully enclosed indoor dining areas of the premises. Outdoor consumption
of alcoholic beverages by patrons may be permitted, provided:
(a)
The outdoor area is fully enclosed by a permanent structure
or fence.
(b)
Ingress and egress shall be through the main facility.
(c)
If ingress and egress cannot be accommodated through the main
facility, then an employee, at least 21 years of age, must be stationed
at the outdoor entrance.
(d)
The outdoor seating area must have an emergency-alarmed exit.
(6)
The consumption of wine or malt alcoholic beverages shall be permitted
only during the hours of 12:00 p.m. prevailing time to 11:00 p.m.
prevailing time.
(7)
No BYOB establishment shall charge any admission fee or cover, corkage
or service charge. Fees may be charged for art instruction and use
of indoor virtual golf simulator facilities.
(8)
No BYOB establishment shall advertise inside or outside of the premises
or in any medium whatsoever that patrons may bring and consume their
own wine or malt alcoholic beverages on the premises.
(9)
No BYOB establishment or employee shall be permitted to serve, handle,
pour or distribute alcoholic beverages on the premises.
(10)
There shall be no storage of alcoholic beverages on the premises.
Patrons shall not be permitted to deliver alcoholic beverages to the
premises in advance or to leave alcoholic beverages on the premises
to be consumed or to be picked up at a later time.
(11)
Patrons who desire to consume wine or malt alcoholic beverages
in the premises shall bring such beverages with them to the establishment.
No delivery of alcoholic beverages by any person, including a licensed
alcoholic beverage establishment, shall be permitted.
(12)
Alcoholic beverages shall not be permitted to be stored, displayed
or maintained on a service bar or service table and must be kept by
the patron at the table at which the patron is seated.
(13)
No BYOB establishment shall permit a patron or any person to
bring or deliver to the premises a large quantity of alcoholic beverages
intended for consumption at a party or other special event to be attended
by more than one table of patrons. Public or private parties to be
attended by more than four persons and for which the host of the party
provides alcoholic beverages to persons attending the function are
not permitted.
(14)
No BYOB establishment or employee shall allow, permit or suffer
any alcoholic beverages to be consumed by any intoxicated person or
by any person under the age of 21 years.
(15)
A BYOB establishment shall immediately report to the Police
Department any incident of underage drinking or the presentation of
false identification by an underage person and any incident involving
the excessive consumption of alcohol by a patron.
No licensee or employee of a licensee shall
engage in or allow, permit or suffer in or upon the licensed premises
any lewdness or immoral activity or any brawl, act of violence, disturbance,
or unnecessary noise, nor shall any licensee allow, permit or suffer
the licensed place of business to be conducted in such a manner as
to become a nuisance.
All licensees or the agents or employees of
licensees on the licensed premises shall immediately report to the
Wall Township Police Department any act or occurrence of violence,
vandalism, theft, destruction of property, assault or any other act,
occurrence or incident, in or upon the licensed premises, which constitutes
a violation of any rule, regulation, ordinance or statute.
[Added 3-13-2002 by Ord. No. 11-2002]
A.
Location. No club license shall be issued for a clubhouse
or other facility which is located in a residential zone in the Township.
B.
No club license shall be issued for a clubhouse or
other facility which is located within 500 feet of a residential zone
or an existing residential use in the Township.
C.
No club license shall be issued for a clubhouse or
other facility which is located within 500 feet of a church or a public
or private school.
D.
The holder of a club liquor license shall be subject
to all of the provisions of this chapter and all other applicable
ordinances of the Township and shall be subject to and strictly regulated
by the provisions of N.J.S.A. 33:1-1 et seq. and N.J.A.C. 13:2-1 et
seq. as those ordinance, statutory and regulatory provisions may be
amended and supplemented from time to time.
