[HISTORY: Adopted by the Township Committee of the Township of Franklin as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Public exhibitions, recreations and dancing — See Ch. 299.
Parks — See Ch. 278.
[Adopted 12-18-1967 as Ch. 5, Art. I, of the 1967 Code]
The purpose of this article is to fix license fees and to regulate the sale and distribution of alcoholic beverages in the Township of Franklin, County of Gloucester and State of New Jersey, in accordance with and pursuant to the Alcoholic Beverage Law, Title 33, Chapter 1,[1] of the Revised Statutes of New Jersey, 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 hereto and in accordance with the rules and regulations existing herewith or hereafter to be adopted by competent municipal authority not inconsistent with said Act or law or said rules and regulations of said State Commissioner.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
For the purpose of defining and interpreting terms herein used, the definitions set forth in the Alcoholic Beverage Law, N.J.S.A. 33:1-1, shall control.
[Amended 9-14-1982 by Ord. No. O-21-82]
The Township Committee of the Township of Franklin, in the County of Gloucester, shall constitute the authority for the issuance of alcoholic beverage licenses. No license to sell alcoholic beverages shall be issued by the authority aforesaid unless by a majority vote of the members of the Township Committee and unless the prospective licensee shall have paid the real estate taxes for the property in question, in full, as of the date said license is to be issued.
All licenses issued under this article shall cover a period of one year from the first day of July in each year and shall be subject to the provisions of this article, the Alcoholic Beverage Law, its amendments and supplements, and to such rules and regulations as now are and hereafter may be promulgated by the State Commissioner of Alcoholic Beverage Control, as well as any other rules and regulations adopted by the Township Committee.
[Amended 2-16-1970 by Ord. No. O-3-70; 12-15-1975 by Ord. No. O-15-75; 3-24-2009 by Ord. No. O-3-2009; 4-27-2010 by Ord. No. O-11-2010; 3-22-2011 by Ord. No. O-5-2011; 2-14-2012 by Ord. No. O-1-12; 2-12-2013 by Ord. No. O-2-2013; 3-11-2014 by Ord. No. O-4-2014; 3-24-2015 by Ord. No. O-4-15; 3-8-2016 by Ord. No. O-4-2016; 3-9-2017 by Ord. No. O-7-2017; 3-13-2018 by Ord. No. O-1-18; 3-12-2019 by Ord. No. O-3-19; 4-14-2020 by Ord. No. O-4-20]
A. 
Plenary retail distribution license. The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages for consumption off the licensed premises, but only in original containers. Such license shall not be issued to permit the sale of alcoholic beverages in or upon any premises in which any other mercantile business is carried on. The fee for this license shall be $2,500. Licenses of this class shall be the maximum number allowed by population pursuant to N.J.S.A. 33:1-12.14.
[Amended 12-18-1992 by Ord. No. O-18-92; 4-14-2015 by Ord. No. O-7-15]
No alcoholic beverages shall be sold, served, or delivered, nor shall any licensee suffer or 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 weekdays, and between the hours of 2:00 a.m. and 10:00 a.m. on Sundays. Time herein declared shall be the time officially in effect in the Township.
No musical device shall be operated nor shall any music be played in any premises licensed hereunder between the hours of 2:00 a.m. and 9:00 p.m. on Sunday, nor shall any licensee hereunder permit any person or persons to dance for their own entertainment or the entertainment of others, or to otherwise perform for entertainment in, upon or about the licensed premises between the hours of 2:00 a.m. and 9:00 p.m. on Sunday.[1]
[1]
Editor's Note: Original § 5-10, prohibiting sales on election days, which immediately followed this section, was repealed 9-21-1970 by Ord. No. O-12-70.
No alcoholic beverages shall be sold, served or delivered, nor shall any licensee suffer or permit the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any mental defective, habitual drunkard or intoxicated person, or to persons known to the licensee, his employees or agents to have been twice convicted of being drunken and disorderly, nor permit the same to congregate in or about the licensed premises.
No person shall be served in a back room or side room which is not open to the use of the public generally, except that in a hotel guests may be served in their rooms or in private or public dining rooms.
Any licensee who shall distribute or sell any alcoholic beverage within the Township of Franklin without the license required by law, or any person who shall knowingly receive or purchase or procure any illicit alcoholic beverage within the Township, shall be guilty of a violation of this article and shall be punishable accordingly; provided, however, that this section shall not apply to any person who has been designated by legal authority to aid in the enforcement of this article or of the Alcoholic Beverage Act.
The acceptance of a license by the licensee under this article shall carry with it the privilege of the Township Committee to designate or appoint any person duly certified to enter upon and inspect the premises licensed.
A. 
Any licensee who shall sell or distribute any alcoholic beverage without having complied with the terms and provisions of this article shall be subject to the payment of a fine not to exceed $200 or imprisonment for a period not to exceed 90 days, or both such fine and imprisonment in the discretion of the Recorder, Justice of the Peace or Judge before whom such person or corporation is convicted.
B. 
Any license issued pursuant to this article may be suspended or revoked for a violation of the provisions of this article or for the violation of any of the provisions of the Alcoholic Beverage Law aforesaid, its amendments and supplements, or for the violation of any of the rules and regulations promulgated by the State Commissioner of Alcoholic Beverage Control.
This article shall not affect any license now issued by virtue of the existing ordinance. This article shall be effective for licenses issued subsequent to the adoption of this article.
[Adopted 12-18-1967 as Ch. 5, Art. II, of the 1967 Code; amended in its entirety 8-26-1980 by Ord. No. O-22-80]
No person shall, within the limits of the Township of Franklin, consume any alcoholic beverage, or have in his possession any unsealed alcoholic beverage container with alcoholic beverage therein, or discard any alcoholic beverage container:
A. 
While in or on public street, lane, roadway, avenue, sidewalk, public parking place, park, playground, recreation area or any other public or quasi-public place or in any public conveyance or upon any land owned or occupied by any federal, state, county or municipal government.
B. 
While in a private motor vehicle while same is in motion or parked in any public street, lane, public parking lot or other public or quasi-public place.
C. 
While upon any private property, not his own, without permission of the owner or other person having authority to grant such permission.
D. 
While in or about any other public or quasi-public place or place to which the public is invited, including but not limited to any business, banking, church, institutional, commercial or professional premises, except when such consumption or possession is with the express permission of the owner or other body, board or person having the authority to grant such permission.
For the purpose of this article, a container shall be regarded as unsealed when its top or cork has been removed; or any of its contents have been removed; or the government tax stamp has been removed or broken; or, in the case of a metal container, when the container has been opened in any fashion; or, in the case of twist-top containers, when the original seal has been broken.
A. 
None of the foregoing provisions shall apply to public parks or public picnic areas where the consumption of alcoholic beverages on occasions, for special events or for a series of events, is specifically permitted by the Township Committee of the Township of Franklin.
B. 
Nothing herein shall be constituted to prohibit the consumption or possession of alcoholic beverages within the licensed premises of a plenary retail consumption liquor license.
Any person who violates any provision of this article shall, upon conviction, be punished by a fine of not more than $200 or by imprisonment of not more than 30 days, or both.