[Adopted 9-1-1936 as Ord. No. 23]
This article is for the purpose of fixing license fees and regulating the sale and distribution of alcoholic beverages in the Township of Carneys Point, 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.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
All licenses issued hereunder shall be for the term of one year, from the first day of July in each year to the first day of July of the succeeding year, and shall be subject to and controlled by the provisions of the Act of the Legislature and such rules and regulations as the State Commissioner of Alcoholic Beverage Control has now established or may hereafter promulgate.
[Amended 4-3-1946 by Ord. No. 64; 6-2-1954 by Ord. No. 100; 8-7-1974 by Ord. No. 254; 3-24-2004 by Ord. No. 737; 5-15-2024 by Ord. No. 1050]
All licenses in the Township of Carneys Point shall be classified as follows and shall be issued hereunder only upon payment of the fees herein established:
Type of License
Plenary Retail Consumption
Seasonal Retail Consumption
Plenary Retail Distribution
Club License
$1,518
$1,194
$1,194
$188
From and after the adoption of this article, the members of the Township of Carneys Point shall investigate applicants and inspect premises sought to be licensed, as well as conduct public hearings on applications and revocations. Said members of the Township Committee shall not be entitled to extra or special compensation for the discharge of these duties. No change shall be made in the premises without the authority of said Township Committee after the issuance of said license, and if such change is made without procuring the aforesaid consent, the same will be reason for revocation.
[Amended 8-2-1944 by Ord. No. 60; 7-10-1951 by Ord. No. 123; 5-23-1966 by Ord. No. 187; 12-28-1972 by Ord. No. 239; 4-23-1975 by Ord. No. 261; 11-22-1989 by Ord. No. 468; 5-9-1990 by Ord. No. 482; 8-8-1990 by Ord. No. 492]
A. 
No new plenary retail consumption licenses, except renewals, shall be hereafter issued unless and until the number of such licenses issued shall be less than six. Nothing contained in this subsection, however, shall prevent the issuance of a new license to a person who operates a hotel or motel containing 100 guest sleeping rooms or who may hereafter construct and establish a new hotel or motel containing at least 100 guest sleeping rooms.
B. 
No new club licenses, except renewals, shall hereafter be issued unless and until the number of such licenses shall be less than five.
C. 
Nothing herein contained shall prevent the transfer of a license according to law, and said transfer shall not be affected by the limitation established hereby.
D. 
Nothing herein contained shall apply to the issuance of renewals of licenses already issued and outstanding at the passage of this chapter nor to the renewal of licenses issued or transferred in accordance with the law and this article.
[Amended 8-2-1944 by Ord. No. 60; 8-16-1945 by Ord. No. 61; 12-29-1948 by Ord. No. 74; 9-2-1970 by Ord. No. 220; 10-9-1978 by Ord. No. 325]
A. 
No licensee shall sell, serve, deliver or permit or suffer the sale, service, delivery or consumption of any alcoholic beverage on the licensed premises, other than in private guest rooms of bona fide hotels and motels, on weekdays between the hours of 2:00 a.m. and 7:00 a.m. or between the hours of 2:00 a.m. Sunday morning and 7:00 a.m. on the following Monday.
B. 
No licensee shall permit or suffer the licensed premises to remain open on weekdays between the hours of 2:30 a.m. and 7:00 a.m. On Sundays, no licensed premises shall open until 12:00 noon, and said licensed premises shall close at midnight. This provision, however, shall not be construed to apply to hotels, motels, clubs or bona fide restaurants, as such terms are defined by N.J.S.A. 33:1-1.
[Amended 12-22-1999 by Ord. No. 668; 12-3-2008 by Ord. No. 819]
C. 
Nothing in this section shall prohibit the sale, service or consumption of alcoholic beverages on a Sunday between the hours of 12:00 noon and 11:00 p.m.
[Amended 3-22-1999 by Ord. No. 653; 12-3-2008 by Ord. No. 819]
D. 
Nothing in this section shall prohibit a licensee from selling, serving, delivering or permitting, or suffering the sale, service, delivery or consumption of, any alcoholic beverage on the licensed premises between the hours of 6:00 p.m., December 31, and 2:00 a.m. the next day when December 31 falls on a Sunday.
E. 
Nothing herein shall be construed to permit the sale, service or consumption of alcoholic beverages in any way prohibited by the law of the State of New Jersey or contrary to the regulations promulgated by the Division of Alcoholic Beverage Control.
F. 
Nothing in this section shall prohibit a licensee from selling, serving, delivering or permitting, or suffering the sale, service, delivery or consumption of, any alcoholic beverage on the licensed premises between the hours of 12:00 noon and 7:00 p.m. on December 24 when December 24 falls on a Sunday.
[Added 12-13-1995 by Ord. No. 596]
[Added 12-26-1945 by Ord. No. 62]
On New Year's Day when it falls on a Monday or on another weekday, licensees shall be permitted to sell and serve alcoholic beverages and keep the licensed premises open until 3:00 a.m., at which hour the premises shall be closed and remain closed until 7:00 a.m.
[Amended 9-1-1971 by Ord. No. 226]
Alcoholic beverages may be sold and served on licensed premises on election days, subject to the rules and regulations of the Division of Alcoholic Beverage Control.
No alcoholic beverages shall be sold, served or delivered to any mental defective or habitual drunkard, nor shall any licensee permit disorderly persons to congregate in or about the licensed premises.
Any licensee hereunder who harbors any criminal, gangster, swindler or other person of ill repute upon the licensed premises or who permits fights, brawls or disturbances upon the licensed premises or who conducts or permits lotteries to be conducted on the premises or who engages in or permits bookmaking and gambling or gambling devices in or about the licensed premises shall be guilty of a violation of this article; nor shall any licensee possess, allow and permit or suffer, on or about the licensed premises, any slot machine device, in the nature of a slot machine, which may be used for the purpose of playing for money or other valuable things.
All licensed premises shall be open to inspection by or on behalf of the Township Committee at any and all hours.
Any person who shall dispose of or sell any alcoholic beverage within the Township of Carneys Point without the license required by law or any person who shall knowingly receive a purchase from such person and any person who shall knowingly purchase, sell or procure any illicit alcoholic beverage within this Township shall be guilty of a violation of this article; 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.[1]
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
[Amended 5-20-1985 by Ord. No. 393]
Unless otherwise provided by Title 33 of the New Jersey Statutes Annotated, any person who shall violate any provision of this article shall, upon conviction, be subject to a fine of not more than $1,000 or imprisonment for a term of not more than 90 days, or by both such fine and imprisonment, not exceeding the foregoing limitation, within the discretion of the court or Judge before whom such person is convicted.[1]
[1]
Editor's Note: Original Section 15 of Ord. No. 23, dealing with penalties for subsequent violations and which immediately followed this section, was deleted 5-20-1985 by Ord. No. 393
The Township Committee shall be at liberty upon the violation of any section of this article to suspend or revoke any license issued by it pursuant to the procedure provided for by an Act of the Legislature entitled "An Act Concerning Alcoholic Beverages"[1] and the rules and regulations promulgated thereunder by the State Commissioner of Alcoholic Beverage Control.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.