Township of Manalapan, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Manalapan 10-27-1993 by Ord. No. 93-30 as Ch. 68 of the 1993 Code. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
Alcoholic beverages in parks — See Ch. 163, § 163-5.
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Manalapan 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 in accordance with the rules and regulations of the State Director of Alcoholic Beverage Control.
As used in this chapter, words and phrases shall have the same meanings they have 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.
A. 
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the act and rules and regulations referred to in § 55-1 and all other applicable laws of the State of New Jersey or of the United States.
B. 
Issuing authority. All licenses required by this chapter shall be issued by the governing body, which shall also administer the provisions of this chapter.
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 § 55-1 and the provisions of this chapter.
[Amended 5-27-1998 by Ord. No. 98-19; 8-8-2001 by Ord. No. 01-12; 3-10-2004 by Ord. No. 04-08; 4-13-2005 by Ord. No. 05-12; 3-22-2006 by Ord. No. 06-02; 2-28-2007 by Ord. No. 07-02; 4-23-2008 by Ord. No. 2008-05]
The annual license 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
$2,500
11
Plenary retail distribution license
$2,500
4
Club license
$188
2
A. 
Hours of sale for consumption in licensed premises. No alcoholic beverages shall be sold to any person for consumption in any licensed premises on any day between the hours of 2:00 a.m. and 6:00 a.m., except Sunday and New Year's Day each year as hereinafter provided.
B. 
Sundays. The provisions of Subsection A shall not apply on Sunday. On that day no alcoholic beverages shall be sold to any person for consumption in any licensed premises between the hours of 2:00 a.m. and 10:00 a.m.
C. 
New Year's Day. The provisions of Subsection A shall not apply on January 1 when that day falls on a weekday or a Saturday. On that day, no alcoholic beverages shall be sold to any person for consumption in any licensed premises between the hours of 3:00 a.m. and 6:00 a.m. When New Year's Day falls on a Sunday, no alcoholic beverages shall be sold to any person for consumption in any licensed premises between the hours of 3:00 a.m. and 10:00 a.m.
D. 
Hours for retail sales of package goods.
(1) 
No licensed premises shall sell or deliver, permit or suffer the sale or delivery of any alcoholic beverage at retail in its original container for consumption off the licensed premises or allow, permit or suffer the removal of any alcoholic beverage in its original or opened container from retail licensed premises before 9:00 a.m. or after 10:00 p.m. on any day of the week.
(2) 
Notwithstanding the foregoing, licensed premises may sell or deliver, permit or suffer the sale of wine and malt beverages in their original containers for consumption off the licensed premises and may permit or suffer the removal of any alcoholic beverage in its original container from retail licensed premises during the permissible hours of sale of alcoholic beverages for consumption in any licensed premises.
No person shall be served alcoholic beverages in any room which is not open to the public. This section shall not apply to club licenses.
All licensed premises other than those for which club licenses are issued shall be so located that a normal-sized adult can, on inspection from the exterior, view the interior of the premises.
A. 
It shall be unlawful for any person under the age of 21 years to knowingly have, possess, carry, distribute or transport any alcoholic beverages or to consume any alcoholic beverage in any place of public assemblage or on any public street, highway, avenue, road, or alley within the Township, except as otherwise provided in N.J.S.A. 2C:33-15(d).
B. 
It shall be unlawful for any person under the age of 21 years to be under the influence of an intoxicating liquor or alcoholic beverage in any place of public assemblage or on any public street, highway, avenue, road or alley within the Township.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
[Added 10-14-2009 by Ord. No. 2009-21]
GUARDIANS
A person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
RELATIVE
The underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
D. 
Possession or consumption of alcoholic beverages by persons under legal age on private property. It shall be unlawful for any person under the legal age who, without legal authority defined herein, knowingly possesses or knowingly consumes an alcoholic beverage on private property.
[Added 10-14-2009 by Ord. No. 2009-21]
E. 
Exceptions. A person under the legal age shall be deemed to possess or consume an alcoholic beverage without legal authority if said possession or consumption is not in connection with any of the following:
[Added 10-14-2009 by Ord. No. 2009-21]
(1) 
In connection with a religious observance, ceremony or rite; or
(2) 
In the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages; or
(3) 
By each such person while actually engaged in the performance of employment by a person licensed under Title 33 (The Alcoholic Beverage Control Law) or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational or post-secondary educational institution.
F. 
Violations and penalties. A violation of this section shall be punishable by a fine of $250 for the first offense, and $350 for any subsequent offense. In addition to any fine imposed, the court may suspend or postpone for six months the driving privilege of the defendant in accordance with the procedures set forth in N.J.S.A. 40:48-1.2 and amendments thereto, which are hereby incorporated herein by reference.
[Added 10-14-2009 by Ord. No. 2009-21]
A. 
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.
B. 
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-3 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.