[HISTORY: Adopted by the Township Committee
of the Township of Pilesgrove as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 158.
[Adopted 6-25-1935]
This chapter is for the purpose of fixing license
fees and regulating the sale of alcoholic beverages in the Township
of Pilesgrove, County of Salem, and the State of New Jersey, in accordance
with the provisions of an Act of the Legislature entitled "An Act
concerning alcoholic beverages," Chapter 436, P.L. 1933, as amended
and supplemented,[1] in accordance with the rules and regulations promulgated
by the State Commissioner of Alcoholic Beverage Control, applicable
hereto, and in accordance with the rules and regulations existing
herein or hereafter adopted by competent and municipal authority not
inconsistent with said Act and said rules and regulations of said
State Commissioner.
[1]
Editor's Note: See the New Jersey Alcoholic
Beverage Control Law, N.J.S.A. 33:1-1 et seq.
It shall be unlawful to sell or distribute alcoholic
beverages otherwise than as provided in this chapter and/or said Act.
The Township Committee of the Township of Pilesgrove,
County of Salem, being the governing body of said municipality, shall
constitute the authority for the distribution or issuance of licenses
hereunder.
[Amended 3-11-1947; 8-14-1984; 6-11-1985; 12-11-2007 by Ord. No. 07-18]
The license fee to be paid hereunder shall be
as follows:
A.
For each and every plenary retail consumption license
or plenary distribution license, commencing July 1, 1984, and thereafter,
the sum of $864 per annum.
B.
All license fees shall be paid in cash or by certified
check to the order of the Clerk of the Township Committee of the Township
of Pilesgrove at the time of the filing of the application for a license.
C.
The Township Clerk is hereby designated as the proper
person to sign all licenses on behalf of the Township Committee of
the Township of Pilesgrove.
[Amended 6-11-1985]
No alcoholic beverage licenses of the following
types shall be granted in the Township of Pilesgrove:
[Amended 6-11-1985]
[Amended 3-8-1994 by Ord. No. 94-3]
A.
No alcoholic beverages shall be sold, served or delivered,
nor shall any licensee suffer or permit the sale, service or delivery
of any alcoholic beverage upon the licensed premises, directly or
indirectly, between 12:00 midnight and 6:00 a.m. any weekday or between
1:00 a.m. and 6:00 a.m. on Saturday or between 1:00 a.m. and 12:00
noon on Sunday; provided, however, that beginning with the first Sunday
in April in each year and ending on the last Sunday in October of
each year, the time aforesaid shall be computed in accordance with
daylight saving time.
[Amended 4-8-2003 by Ord. No. 0214]
B.
Notwithstanding the hours set forth above, alcoholic
beverages may be sold on New Year's Eve, even if the same occurs on
a Sunday, from 6:00 a.m. to 12:00 midnight, and on New Year's Day
from 12:00 midnight until 1:00 a.m.
C.
Notwithstanding the hours set forth above, upon application
two months before a special day or event, the Mayor and Township Committee
may, by resolution, extend or modify the hours of sale of alcoholic
beverages for such special day or event.
Every license shall be exposed to public view
in a conspicuous place in the place licensed, and any omission so
to do shall be presumptive evidence that the place where alcoholic
beverages are being sold is unlicensed.
[1]
Editor’s Note: Former § 52-9, Premises to be open
to view, was repealed 12-29-2015 by Ord. No. 15-06.
[1]
Editor’s Note: Former § 52-10, Women tending bar;
service, was repealed 12-29-2015 by Ord. No. 15-06.
[1]
Editor’s Note: Former § 52-11, Connection of premises
to dance hall or poolroom, was repealed 12-29-2015 by Ord. No. 15-06.
No licensee shall sell, serve, deliver or allow,
permit or suffer the service or delivery of any alcoholic beverage,
directly or indirectly, to any intoxicated person, and intoxicated
persons shall not be allowed to congregate in any licensed premises.
No licensee shall serve, sell, deliver or allow,
permit or suffer the service or delivery of any alcoholic beverage,
directly or indirectly, to any person under the age of 21 years, or
allow, permit or suffer the consumption of alcoholic beverages by
any such person upon the licensed premises.
[1]
Editor's Note: Former § 52-14, Payment
by cash, was repealed 12-29-2015 by Ord. No. 15-06. Former § 52-15,
Sale during elections, which immediately followed this section, was
repealed 5-11-1971.
No licensee shall allow, suffer or permit any
lottery to be conducted or any ticket or participation right in any
lottery to be sold or offered for sale on or about the licensed premises.
No licensee shall engage in or allow, permit
or suffer any pool selling, bookmaking or any playing for money at
faro, roulette, rouge et noir or any unlawful game or gambling of
any kind, or any device or apparatus designed for any such purpose,
on or about the licensed premises.
No licensee shall possess, allow, permit or
suffer on or about the licensed premises any slot machine or device
in the nature of a slot machine which may be used for the purpose
of playing for money or other valuable thing.
All licensed premises shall be subject to examination
and inspection by the police and by any other constituted authority
at any time.
A.
Any person who shall sell or distribute any alcoholic
beverages without having complied with or in violation of any of the
provisions of this chapter shall be subject to a fine of not more
than $200 or imprisonment for not more than 90 days, or by both such
fine and imprisonment, in the discretion of the court.
B.
Any license issued pursuant to this chapter may be
suspended or revoked for violation of any of the provisions of this
chapter or for violations of any of the provisions of said Act or
any of the rules or regulations provided by the State Commissioner
of Alcoholic Beverage Control.
[Adopted 12-29-2015 by Ord. No. 15-06]
A.
Except as set forth herein, it shall be illegal for any person to
consume or possess any alcoholic beverage in public. Nothing contained
herein shall prohibit a person from transporting alcoholic beverages
purchased for personal consumption from the place of purchase to a
private residence or club or from one private residence to another.
For the purposes of this section, a motor vehicle shall be considered
in a public place so long as same is parked or stopped in a public
place. This subsection shall not apply to motor vehicles stopped for
traffic conditions or controls in route from the place of purchase
to a private residence or club or from one private residence to another.
B.
Nothing contained in this article shall prevent the transportation
of alcoholic beverages by any person licensed to do so by the State
of New Jersey or any of its lawful agencies or officers.
C.
Under no circumstances shall any person consume an alcoholic beverage
in a motor vehicle, nor shall any person possess any unsealed glass,
can, bottle or other receptacle containing an alcoholic beverage while
in a motor vehicle.
A.
For a first offense, an individual convicted under this article shall
pay a fine not to exceed $200.
B.
For a second or subsequent offense, an individual convicted under
this article may be sentenced to a term of incarceration not to exceed
90 days and to pay a fine in the amount not to exceed $500.
