Township of Lumberton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lumberton 12-7-1973 by Ord. No. 1973-19 as Ch. VI of the 1973 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Park and recreation areas — See Ch. 213.

§ 94-1 Purpose.

[Amended 7-7-1980 by Ord. No. 1980-4]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Lumberton in accordance with the provisions of an act of the Legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages," comprising Chapter 436 of the Laws of 1933, its supplements and amendments, and also comprising N.J.S.A. 33:1-1 et seq., and any amendments or supplements thereto, and in accordance with the rules and regulations of the State Director of Alcoholic Beverage Control, and to further provide rules and regulations prohibiting the consumption of alcoholic beverages in public places.

§ 94-2 Definitions.

For the purpose of this chapter, words and phrases herein shall have the same meanings as in N.J.S.A. 33:1-1 et seq., and any amendments or supplements thereto, and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.

§ 94-3 Licensing; fees; maximum number.

A. 
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the Act, rules and regulations referred to in § 94-1, and all other applicable laws of the State of New Jersey or the United States.
B. 
Issuing authority. All licenses required by this chapter shall be issued by the Township Committee, which shall also administer the provisions of this chapter. The Township Committee shall have the authority to authorize the issuance of and cause the issuance of any such licenses in any mode or manner permitted by N.J.S.A. 33:1 et seq.
[Amended 8-7-2006 by Ord. No. 2006-11]
C. 
License required. No person shall sell or distribute alcoholic beverages within the Township without having obtained a license in accordance with the Act referred to in § 94-1 and the provisions of this chapter.
D. 
License fee; maximum number. The annual license fees and maximum type and number of licenses for the sale and distribution of alcoholic beverages in the Township shall be as follows:
[Amended 4-5-1976 by Ord. No. 1976-2; 5-2-1977 by Ord. No. 1977-3; 8-20-1979 by Ord. No. 1979-11; 5-18-1981 by Ord. No. 1981-4, 2-21-1984 by Ord. No. 1984-1; 8-3-1992 by Ord. No. 1992-6; 2-6-2006 by Ord. No. 2006-2; 8-7-2006 by Ord. No. 2006-11; 5-1-2007 by Ord. No. 2007-8]
(1) 
The annual fee for a plenary retail consumption license shall be $2,500. The number of licenses issued per year shall be no more than the maximum allowed by law.
(2) 
The annual fee for a plenary retail distribution license shall be $2,500. The number of licenses issued per year shall be no more than the maximum allowed by law.
(3) 
The annual fee for a club license shall be $188.. The number of licenses issued per year shall be no more than the maximum allowed by law.

§ 94-4 Hours of sale; sale to certain persons prohibited.

A. 
Hours of sale.
[Amended 2-22-1977 by Ord. No. 1977-1; 5-18-1981 by Ord. No. 1981-4; 7-6-1981 by Ord. No. 1981-7]
(1) 
Any retail distribution licensee hereunder may sell, serve and deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverages in the Township during such hours as may be authorized or permitted by the State of New Jersey, Bureau of Alcoholic Beverage Control, pursuant to N.J.S.A. 33:1-1 et seq., or any amendments or supplements thereto, and the rules and regulations promulgated thereunder, N.J.A.C. 13:2-1.1 et seq., or any amendments or supplements thereto. Any future restriction or other modification concerning the retail distribution hours of sale of alcoholic beverages by the State of New Jersey shall constitute a parallel restriction or modification of the permissible hours of retail distribution sale within the Township.
(2) 
Any retail consumption licensee hereunder may sell, serve and deliver or allow, permit and suffer the sale, service or delivery of any alcoholic beverages in the Township between the hours of 6:00 a.m. and 3:00 a.m. of the following day on any day except Sunday; and on any Sunday may sell, serve and deliver or allow, permit or suffer the sale of any alcoholic beverages in the Township between 10:00 a.m. to 3:00 a.m. Monday.
B. 
Sales to certain persons. 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 any person under the legal age for purchasing alcoholic beverages, 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.

§ 94-5 Minors.

[Amended 5-18-1981 by Ord. No. 1981-4]
A. 
Presence. No person under the legal age for purchasing alcoholic beverages shall be allowed in any premises where alcoholic beverages are sold or served for consumption on the premises, except bona fide restaurants, unless accompanied by his parent or guardian.
[Amended 5-20-1974 by Ord. No. 1974-5]
B. 
Purchase of alcoholic beverages by a person under the legal age for purchasing alcoholic beverages. No person under the legal age for purchasing alcoholic beverage shall consume, purchase, attempt to purchase or have another purchase for him any alcoholic beverage on any premises licensed for the sale of alcoholic beverages.
C. 
Purchase of alcoholic beverages for a person under the legal age of purchasing alcoholic beverages. No person shall purchase or attempt to purchase alcoholic beverages for a person under the legal age for purchasing alcoholic beverages. No person shall induce or attempt to induce any licensee or any employee of a licensee to sell, serve or deliver alcoholic beverages to a person under the legal age for purchasing alcoholic beverages.
D. 
Misstating age. No person shall misrepresent his age or the age of another person for the purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages or to permit a person under the legal age for purchasing alcoholic beverages to remain on any premises in violation of Subsection A.
E. 
Presumption. Any parent or guardian of a person under the legal age for purchasing alcoholic beverages who accompanies such person into a premises in which alcoholic beverages are served and who permits the person to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of the person under the legal age for purchasing alcoholic beverages.
F. 
Possession. No person under the legal age for purchasing alcoholic beverages shall possess, serve, sell or consume any alcoholic beverage in any public place within the Township.

§ 94-6 Suspension or revocation of license.

A. 
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter or any provisions of any applicable statute or any of the rules or regulations of the State Director of Alcoholic Beverage Control.
B. 
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-31, or any amendments or supplements thereto, by service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing.
C. 
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.

§ 94-7 Consumption in public; exceptions.

[Amended 6-2-1980 by Ord. No. 1980-3; 7-7-1980 by Ord. No. 1980-4]
A. 
Consumption and discarding of containers in certain places prohibited. Any person who consumes alcoholic beverages while in or on a public street, lane, sidewalk, public parking lot, public or quasi-public place or in any public conveyance or in a private motor vehicle while such vehicle is in motion or parked in any public street, lane or public parking lot or while upon any private property not his own without the express permission of the owner or other person having authority to grant such permission or who discards alcoholic beverage containers upon any public street, lane, sidewalk, public parking lot, public or quasi-public place or upon any private property not his own without the express permission of the owner shall be a disorderly person.
B. 
Presumption of consumption. There shall be a rebuttable presumption of consumption against each person charged with the offense of consumption of an alcoholic beverage as set forth in Subsection A above if that person is knowingly in possession of an open container which contains or recently contained an alcoholic beverage.
C. 
Exceptions. The Township Committee, in connection with public celebrations or similar special events, may, by written permit, specifically authorize the consumption of alcoholic beverages in a public park, square, parking lot or other public place or area or portion thereof, as specified in such permit and on the date and the hours therein specified, subject to conditions as set forth in the approved permit.

§ 94-8 Sunday sales.

[Added 7-15-1974 by Ord. No. 1974-8; 8-3-1992 by Ord. No. 1992-6]
A. 
The holder of a plenary retail distribution license may sell malt alcoholic beverages and wine in original bottle or can containers for consumption off the premises on Sunday between the hours of 1:00 p.m. and 6:00 p.m., in addition to such weekday hours as authorized by law.
B. 
The holder of a retail consumption license may sell malt alcoholic beverages and wine in original bottle or can containers for consumption off the premises on the same days and during the same hours as the sale of alcoholic beverages for consumption on the premises as permitted and authorized by law.

§ 94-9 Violations and penalties.

[Amended 8-3-1992 by Ord. No. 1992-6]
Except as may be provided in N.J.S.A. 33:1-1 et seq., or any amendments or supplements thereto, any person who shall violate any provisions of this chapter shall be punished as follows:
A. 
Maximum penalty. For violation of any provisions of this chapter, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
B. 
Separate violations. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
C. 
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
D. 
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.