[Adopted 8-16-2023 by Ord. No. 23-17]
A.
The Township of Jefferson wants its restaurants to remain economically
viable and as well as competitive with the restaurants in other municipalities
which permit the BYOB practice while concurrently safeguarding residents,
visitors and patrons through the establishment of BYOB regulations.
B.
The Township, through the use of requirements and established regulations, will be able to monitor the dispensation of alcohol more effectively through the use of BYOB regulation. As such, the Jefferson Township Council has determined that it would be appropriate, proper and in the best interest of the residents and visitors to the Township to amend Chapter 142 through the addition of regulations permitting, but regulating, BYOB consumption.
The following establishments may offer BYOB and are defined
as follows:
A.
Restaurant: an establishment regularly and principally used for the
purpose of preparing, cooking and serving meals to the public, having
an adequate kitchen and dining room equipped for the preparing, cooking
and serving of food for its customers and in which no other business,
except such as is incidental to such establishment, is conducted.
In order to qualify as a restaurant, a location shall meet the following
conditions:
(1)
A restaurant location must be licensed by the Jefferson Township
Health Department for the sale or service of food or liquid refreshments
that are sold or served to the general public, and for which a license
or permit authorizing the sale and/or consumption of alcoholic beverages
has not been issued (even if such license or permit is suspended or
in the process of being suspended); and
(2)
The location regularly employs a wait staff of at least one server;
and
(3)
The location's wait staff service is not confined exclusively
to a counter; and
(4)
The location's business is primarily engaged in the sale or
service of food or liquid refreshments to the general public.
A.
Indoor premises. The consumption of BYOB alcoholic beverages by patrons
may be permitted in fully enclosed indoor dining areas of the premises.
B.
Outside premises. Outdoor consumption of BYOB alcoholic beverages
may be permitted, provided:
(1)
Ingress and egress to the outdoor area shall be through the interior
of the main facility, if possible.
(2)
If ingress and egress cannot be accommodated through the interior
of the facility, the outdoor area shall have a single, designated
reception point at which there shall be stationed an employee at least
21 years of age.
A.
Premises allowing patrons to BYOB must comply with all applicable
state, federal and municipal rules, regulations, statutes and ordinances
pertaining to the consumption of wine or malt alcoholic beverages
on premises that are not licensed to sell or serve alcoholic beverages.
B.
Only the consumption of wine and malt alcoholic beverages shall be
permitted.
C.
Any establishment which may allow the patrons to bring their own
wine or beer may supply glasses, ice, etc., but may not impose a cover,
corkage, or service charge of any kind.
D.
No BYOB establishment or employee shall be permitted to serve, handle,
pour or distribute alcoholic beverages on the premises.
E.
The owner or operator shall not permit the consumption of wine or
malt alcoholic beverages during the hours of 12:00 midnight, prevailing
time, to 12:00 noon, prevailing time.
F.
Persons under the age of 21 years or persons who are visibly or apparently
intoxicated are prohibited from consuming wine or malt alcoholic beverages
and are prohibited from bringing wine or malt alcoholic beverages
onto the premises. No BYOB establishment or employee shall allow,
permit or suffer any alcoholic beverages to be consumed by any intoxicated
person or by any person under the age of 21 years.
G.
Patrons who desire to consume wine or malt beverages on the premises
shall bring such beverages with them to the establishment. No delivery
of alcoholic beverages by any person, including a licensed alcoholic
beverage establishment, shall be permitted.
H.
The owner or operation allowing patrons to bring their own wine or
malt alcoholic liquor shall not allow a patron to bring more than
the following amounts of alcohol to a premises for consumption:
I.
There shall be no consumption of wine or malt alcoholic beverages
by employees of the premises, but only by patrons who are seated for
meal service at a table. No person waiting to be served for service
may consume or possess an open container of an alcoholic beverage
while waiting to be seated for table service.
J.
There shall be no storage of alcoholic beverages on the premises
except that which is utilized in conjunction with cooking and/or food
preparation. Patrons shall not be permitted to deliver alcoholic beverages
to the premises in advance or to leave alcoholic beverages on the
premises to be consumed or to be picked up at a later time. Additionally,
alcoholic beverages shall not be permitted to be stored, displayed
or maintained on a service bar or service table and must be kept by
the patron at the table at which the patron is seated.
K.
The owner of the premises must mandate that a patron who brings alcohol
to a restaurant under this article take the alcohol with them at the
end of their patronage. Under no circumstances may an owner allow
alcohol to remain on the premises which does not belong to a patron.
For each bottle of alcohol on the premises that does not belong to
a patron, the owner shall be liable for a fine of up to $500 for each
bottle found on the premises.
L.
The New Jersey Alcoholic Beverage Control Act[1] provides that holders of plenary winery licenses and farm
winery licenses may operate retail outlets within the State of New
Jersey. See N.J.S.A. 33:1-10.2a and N.J.S.A. 33:1-10.2b. These retail
salesrooms are commonly referred to as "outlets," and any retail establishment
("outlet") seeking to sell alcoholic beverages within the Township
must comply with New Jersey state laws regulating the service of alcohol.
see, e.g., N.J.S.A. 2C:33-27.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
Any person or establishment violating this article shall be
subject to any and all fines and penalties set forth under any law
of the State of New Jersey and Jefferson Township. In addition to
any fine or penalty set forth by the State of New Jersey and the Township
of Jefferson, the Township of Jefferson may impose a fine of up to
$500 per violation. Each bottle found at the public location shall
be considered a separate and distinct violation. The aforesaid regulations
can and will be enforced by the Township Code Enforcement Officers
and the officers of the Jefferson Township Police Department.
Any restaurant that opts to be a BYOB under this article irrevocably
consents to allow the designated agent(s) authorized with enforcing
compliance with all plenary laws and their designees to conduct random
inspections of BYOB restaurants to ensure compliance with this article.
Should any paragraph, section, part of any section, or any clause
or phrase of this article for any reason be held to be invalid or
unconstitutional by a court of competent jurisdiction, such decision
shall not affect the remaining provisions of this article and shall
remain in full force and effect, and to that end the provisions of
this article are hereby declared to be severable.
All ordinances of the Township of Jefferson which are inconsistent
or in conflict with the provisions of this article are hereby repealed
to the extent of such inconsistency.
This article shall supersede and replace any other provisions
of the Code of the Township of Jefferson, now or later enacted, which
have or may be construed to have differing or contrary terms or conditions
relating to the subject matter of this article. This article is not
intended to alter the current, or alter enacted amendments to the,
Township Zoning/Land Use Code.
This article shall take effect immediately upon final publication
as provided by law.
