[HISTORY: Adopted by the Township Committee
of the Township of Franklin as indicated in article histories. Amendments
noted where applicable.]
[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.
It shall be unlawful to sell or distribute alcoholic
beverages otherwise than as provided in this article or the Alcoholic
Beverage Law.
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.
No alcoholic beverages shall be sold, served
or delivered to any person wearing a uniform of the Fire or Police
Department of this Township, nor to any person under the age of 21
years.
[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.
All licenses shall conform to rules and regulations
passed and promulgated by the local and state Board of Health.
No minors shall be allowed in any room in which
any bar is located unless accompanied by at least one parent or one
person standing in loco parentis.
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.
All buildings for which licenses are issued
shall have an entrance upon a public thoroughfare of the Township
of Franklin.
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.
