Township of Deptford, NJ
Gloucester County
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Table of Contents
Table of Contents

§ 6-1
PURPOSE. 

§ 6-2
DEFINITIONS. 

§ 6-3
LICENSES. 

§ 6-3.1
Laws applicable. 

§ 6-3.2
Issuing authority. 

§ 6-3.3
License required. 

§ 6-3.4
License fees; maximum number. 

§ 6-4
REGULATIONS OF LICENSES. 

§ 6-4.1
Hours of sale. 

§ 6-4.2
Saturdays. 

§ 6-4.3
Sundays. 

§ 6-4.4
Christmas Day. 

§ 6-4.5
New Year's Day. 

§ 6-4.6
Election Day. 

§ 6-4.7
Sales to certain persons. 

§ 6-4.8
Closing provisions. 

§ 6-5
VIOLATIONS AND PENALTIES. 

§ 6-5.1
Revocation of license. 

§ 6-5.2
Penalty. 

§ 6-6
PERSONS UNDER THE LEGAL AGE. 

§ 6-6.1
Purchasing or serving persons under the legal age prohibited. 

§ 6-6.2
Purchasing for or serving to prohibited. 

§ 6-6.3
Unlawful acts by persons under legal age for purchase of alcoholic beverages; disorderly persons. 

§ 6-1 PURPOSE.

[New]

This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Deptford in accordance with the provisions of an act of 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 in accordance with the rules and regulations of the State Director of Alcoholic Beverage Control.

§ 6-2 DEFINITIONS.

[New]

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

§ 6-3 LICENSES.

§ 6-3.1 Laws applicable.

[New]

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 Section 6-1, and all other applicable laws of the State of New Jersey or the United States.

§ 6-3.2 Issuing authority.

[New]

All licenses required by this chapter shall be issued and approved by the Mayor and Township Council, which shall also administer the provisions of this chapter.

§ 6-3.3 License required.

[New]

No person shall sell or distribute alcoholic beverages within the Township without obtaining a license in accordance with the Act referred to in Section 6-1 and the provisions of this chapter.

§ 6-3.4 License fees; maximum number.

[Ord. No. 12-27-57; Ord. No. 12-9-63; Ord. No. 5-8-67; Ord. No. 3-11-68; Ord. No. 0-3-72; Ord. No. 0-19-73; Ord. No. 0-16-74; Ord. No. 0-26-74; Ord. No. 0-2-75; Ord. No. 0-28-77; Ord. No. 0-2-80; Ord. No. 0-9-85, § 1; Ord. No. 0-8-86, § 1; 1967 Code §§ 4-1 and 4-2; New; Ord. No. 0.11.94]

The annual fees and maximum number of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:

Class of License Annual License Fee Number of Licenses
Plenary Retail Consumption License $1,425 18
Plenary Retail Distribution License $595 3
Club License $50 6
No seasonal retail consumption or limited retail distribution license shall be issued in the Township at the same time.
The provisions of this subsection with respect to the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued.

§ 6-4 REGULATIONS OF LICENSES.

§ 6-4.1 Hours of sale.

[Ord. No. 12-27-57; Ord. No. 0-14-76; Ord. No. 0-1-80; Ord. No. 0-7-81; 1967 Code § 4-3; New]

No licensee shall sell, service, deliver or allow, permit or suffer the sale, service or delivery of an alcoholic beverage on any day between the hours of 2:00 a.m. and 7:00 a.m. except Sundays, Christmas Day and New Year's Day each year as hereinafter provided.

§ 6-4.2 Saturdays.

[Ord. No. 12-27-57; Ord. No. 0-14-76; Ord. No. 0-1-80; Ord. No. 0-7-81; 1967 Code § 40-3; New]

Provisions of subsections 6-4.1 shall not apply on Saturdays. On Saturdays, no licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of an alcoholic beverage between the hours of 3:00 a.m. and 11:00 a.m. with the exception of New Year's Day.

§ 6-4.3 Sundays.

[Ord. No. 12-27-57; Ord. No. 0-14-76; Ord. No. 00-1-80; Ord. No. 0-7-81; 1967 Code § 4-3; New]

Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of an alcoholic beverage between the hours of 3:00 a.m. and 11:00 a.m. with the exception of New Year's Day.

§ 6-4.4 Christmas Day.

[Ord. No. 12-27-57; 1967 Code § 4-3B; New]

Provisions of subsection 6-4.1 shall not apply on December 25th. On that day, no licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of an alcoholic beverage between the hours of 3:00 a.m. and 7:00 a.m. when it falls on a weekday. When December 25th falls on a Sunday, no licensee shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of an alcoholic beverage between the hours of 3:00 a.m. and 11:00 a.m.

§ 6-4.5 New Year's Day.

[Ord. No. 12-27-57; 1967 Code § 4-3B; New]

Provisions of subsection 6-4.1 shall not apply on January 1st. On that day no licensee shall sell, serve, delivery or allow, permit or suffer the sale, service or delivery of any alcoholic beverage in the licensed premises between the hours of 5:00 a.m. and 7:00 a.m. when it falls on a weekday. When January 1 falls on a Sunday, no alcoholic beverages may be sold, served, delivered or consumed between the hours of 5:00 a.m. and 11:00 a.m.

§ 6-4.6 Election Day.

[Ord. No. 12-27-57; Ord. No. 0-3-72; Ord. No. 0-7-72; 1967 Code § 4-3C]

The licensee shall be permitted to sell, serve, deliver or allow and permit the sale, service or delivery of alcoholic beverages on the date of any election, subject to the restrictions enumerated in subsection 6-4.1.

§ 6-4.7 Sales to certain persons.

[Ord. No. 12-27-57; Ord. No. 0-2-80; 1967 Code § 4-9]

No licensee shall serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any person under the legal age for the consumption of alcoholic beverages established by the State of New Jersey for consumption or to any person actually or apparently intoxicated or allow, permit or suffer the consumption of any alcoholic beverage by any such person in or upon the licensed premises.

§ 6-4.8 Closing provisions.

[Ord. No. 12-27-57; Ord. No. 0-5-78; 1967 Code 4-3D; New]
a. 

During the hours that the sale of alcoholic beverages are prohibited, the entire licensed premises shall be closed with the exception as provided in paragraph b, and no person shall be admitted or permitted to remain thereon except the licensee or bona fide employees of the licensee, but this closing requirement shall not apply to hotels or to restaurants as defined in N.J.S.A. 33:1-1t.

b. 

Notwithstanding the provisions of subsections 6-4.1 through 6-4.6, no licensee shall permit any patron, customer, or any other person not employed or engaged in performing services on behalf of any licensee to remain within any premises in which alcoholic beverages shall be sold or otherwise dispensed later than 1/2 hour after the designated closing hour(s) aforesaid.

§ 6-5 VIOLATIONS AND PENALTIES.

§ 6-5.1 Revocation of license.

[New]

Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter or any provision of any applicable statute or any of the rules or regulations of the State Director of Alcoholic Beverage Control.

Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-31 by service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing.

Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.

§ 6-5.2 Penalty.

[Ord. No. 12-27-57; Ord. No. 0-13-80; 1967 Code § 4-11; New]
a. 

Any person violating any of the provisions of this chapter, upon conviction, shall be subject to the General Penalty established in Section 1-5 of this Code.

b. 

When the Municipal Court suspends the imposition of a defendant's sentence, or a portion thereof, or sentences him to be placed on probation, the Municipal Court may attach such reasonable conditions authorized by N.J.S.A. 2C:45-1, including the performance of community related services, and the imposition of conditions reasonably related to the rehabilitation of the defendant, including but not limited to alcoholic rehabilitation programs or other such programs related to alcoholic education or rehabilitation.

§ 6-6 PERSONS UNDER THE LEGAL AGE.

§ 6-6.1 Purchasing or serving persons under the legal age prohibited.

[New]

No licensee shall sell or serve alcoholic beverages to persons under the legal age.

§ 6-6.2 Purchasing for or serving to prohibited.

[Ord. No. 12-27-57; Ord. No. 0-2-80; 1967 Code § 4-7]

It shall be unlawful for any person to purchase for or serve to any person who is under the legal age for the consumption of alcoholic beverages established by the State of New Jersey any alcoholic beverage for consumption on licensed premises.

§ 6-6.3 Unlawful acts by persons under legal age for purchase of alcoholic beverages; disorderly persons.

[N.J.S.A. 33:1-81; New]

It shall be unlawful for:

a. 

A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic beverages for the purpose or purchasing, or having served or delivered to him or her, any alcoholic beverage; or

b. 

A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or,

c. 

Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.

Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $100. In addition, the court shall suspend the person's license to operate a motor vehicle for six months or prohibit the person from obtaining a license to operate a motor vehicle in this State for six months beginning on the date he becomes eligible to obtain a license or on the date of conviction, whichever is later. In addition, to the general penalty prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.