[HISTORY: Adopted by the Township Committee
of the Township of Washington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-20-1971 as Ch. VII of
the Revised General Ordinances]
This article is enacted to regulate the sale
and transportation of alcoholic beverages in the township 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 article, relevant 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 State Director of Alcoholic
Beverage Control.
A.
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be in accordance with the Act, rules and regulations referred to in § 42-1, and all other applicable laws of the State of New Jersey or of the United States.
B.
Issuing authority. All licenses required by this article
shall be issued by the governing body, which shall also administer
the provisions of this article.
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 § 42-1 and the provisions of this article.
D.
License fees. The annual license fees for the sale
or distribution of alcoholic beverages under licenses permitted in
the township shall be as follows:
[Amended 1-17-1972; 8-19-1974; 8-18-1975; 8-16-1976; 9-17-1979 by Ord. No. 62-79; 10-20-1980 by Ord. No.
45-80; 12-21-1981 by Ord. No. 46-81; 11-15-1982 by Ord. No. 22-82; 12-19-1983 by Ord. No.
30-83; 5-20-1985 by Ord. No. 15-85; 9-20-2004 by Ord. No. 21-04; 2-20-2006 by Ord. No. 01-06; 6-17-2013 by Ord. No. 13-13]
|
Class of License
|
Annual License Fee
| |
|---|---|---|
|
Plenary retail consumption
|
$2,500
| |
|
Plenary retail distribution
|
$2,500
| |
|
Club
|
$188
|
E.
Renewal of licenses. Renewal of licenses shall be
subject to approval by the Township Board of Health, Police Department
and Construction Official.
[Added 9-17-1979 by No. 62-79]
A.
Hours of sale. No alcoholic beverages shall be sold,
served, consumed in or delivered to a licensed premises on any day
between the hours of 2:00 a.m. and 7:00 a.m., except that on Sunday
no alcoholic beverages shall be sold, served, consumed in or delivered
to a licensed premises between the hours of 2:00 a.m. and 10:00 a.m.
This subsection shall not apply to January 1 when no person shall
sell, serve, deliver or permit the consumption of alcoholic beverages
on licensed premises between the hours of 3:00 a.m. and 7:00 a.m.
on weekdays and 10:00 a.m. on Sundays.
[Amended 2-20-2006 by Ord. No. 01-06]
B.
Minors prohibited in premises. Persons under the age
of 21 years of age shall not be allowed to frequent, loiter or remain
in any room used or devoted to the sale, service or consumption of
alcoholic beverages upon a licensed premises, unless accompanied by
their parent, guardian or adult husband or wife, provided that this
provision shall not be applied to restaurants or guest rooms and private
or public dining rooms, nor to minors holding special work permits
issued by the Division of Alcoholic Beverage Control.
[Amended 9-17-1979 by Ord. No. 62-79; 5-20-1985 by Ord. No. 15-85]
A.
Any license issued under this article may be suspended
or revoked for violation of any of the provisions of this article
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. 33:1-31 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 violation of
this article.
[Adopted 11-20-2000 by Ord. No. 24-00]
It shall be unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property except as provided for in § 42-9 below.
Any person convicted of violating the provisions
of this article shall, in accordance with the provisions of N.J.S.A.
40:48-1 as amended, be punished by a fine not to exceed $250 for the
first offense and not to exceed $350 for any subsequent offense.
A.
In addition to the fine authorized for this offense,
the Court may suspend or postpone for six months the driving privilege
of the defandant. Upon the conviction of any person and the suspension
or postponement of that person's driver's license, the Court shall
forward a report to the Division of Motor Vehicles stating the first
and last day of suspension or postponement period imposed by the Court
pursuant to N.J.S.A. 40:48-1 as amended. If a person at the time of
the imposition of a sentence is less than 17 years of age, the period
of license postponement, including a suspension or postponement of
the privilege of operating a motorized bicycle, shall commence on
the day the sentence is imposed and shall run for a period of six
months after the person reaches the age of 17 years.
B.
If a person at the time of the imposition of a sentence
has a valid driver's license issued by this state, the Court shall
immediately collect the license and forward it to the Division of
Motor Vehicles, along with the report. If for any reason the license
cannot be collected, the Court shall include in the report the complete
name, address, date of birth, eye color and sex of the person, as
well the first and last date of the license suspension period imposed
by the Court.
C.
The Court shall inform the person orally and in writing
that if the person is convicted of operating a motor vehicle during
the period of license suspension or postponement, the person shall
be subject to the penalties set forth in N.J.S.A. 39:3-40. A person
shall be required to acknowledge receipt of the written notice in
writing. Failure to receive a written notice or failure to acknowledge
in writing the receipt of a written notice shall not be a defense
to a subsequent charge of a violation of N.J.S.A. 39:3-40.
D.
If a person convicted under this article is not a
New Jersey resident, the Court shall suspend or postpone, as appropriate,
the nonresident driving privilege of the person based on the age of
the person and submit it to the Division of Motor Vehicles on the
required report. The Court shall not collect the license of a nonresident
convicted under this article. Upon receipt of a report from the Court,
the Division of Motor Vehicles shall notify the appropriate officials
in the licensing jurisdiction of the suspension or postponement.
A.
Nothing contained in this article is intended nor
shall it be construed as prohibiting an underaged person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony or rite or consuming or possessing an alcoholic
beverage 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.
B.
GUARDIAN
RELATIVE
As used in the preceding Subsection A, the following terms shall have the meaning set forth:
A person who has qualified as a guardian of the underaged
person pursuant to testamentary or court appointment.
The underaged person's grandparent, aunt or uncle, sibling
or any other persons related by blood or affinity.
C.
Nothing contained in this article is intended nor
shall it be construed as prohibiting possession of alcoholic beverages
by any such person while actually engaged in the performance of employment
by a person who is licensed under Title 33 of the Revised Statues
or while actively engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a county vocational
school or post secondary educational institution; provided, however,
that this article shall not be construed to preclude the imposition
of a penalty under this article, N.J.S.A. 33:1-81 or any other section
of law against a person who is convicted of unlawful alcoholic beverage
activity on or at premises licensed for the sale of alcoholic beverages.
