[Adopted by Ord. No. 1308 as Ch. 5.04, Art. I of the 1998 Code]
The purpose of this article is to fix license
fees and regulate the sale of alcoholic beverages in the Township
of Montville in accordance with the provisions of an act of the Legislature
entitled "An Act Concerning Alcoholic Beverages," set forth in Title
33 of the Revised Statutes of New Jersey, 1937, as amended and supplemented,
and in accordance with the rules and regulations promulgated or to
be 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 the Township of Montville,
not inconsistent with said act or said rules and regulations of said
State Commissioner.
It shall be unlawful to sell or distribute alcoholic
beverages otherwise than as provided in this article and/or said act.
The Township Committee of the Township of Montville
shall constitute the authority for the administration of the issuance
of the licenses hereunder, and the Clerk of the Township of Montville
is authorized and empowered to issue licenses for the sale and distribution
of alcoholic beverages in the Township of Montville when such licenses
shall have been approved.
No license shall be issued except after written
application presented by the proposed licensee, in such form and after
such notice as required by the above-mentioned act.
The annual license fee due and payable to the Township of Montville for a plenary retail consumption license and for a plenary retail distribution license shall be as set forth in Chapter 169, Fee Schedule.
No seasonal retail consumption license, limited
retail distribution license or club license shall be issued.
A.
The number of plenary retail consumption licenses
issued and outstanding in the Township of Montville, in the County
of Morris, shall not exceed 12; provided, however, that this provision
shall not affect the renewal of licenses presently issued and outstanding,
the transfer of said licenses or the renewal of same by transferees,
and provided further that this provision shall not affect the granting
of plenary retail consumption licenses to the present holders of club
licenses or the renewal and transfer of plenary retail consumption
licenses so granted.
B.
This shall not be deemed to prohibit the grant of
an application for a new plenary retail consumption license to a person
operating a hotel or motel containing at least 100 bona fide sleeping
rooms; provided, however, that there shall be no renewal or transfer
of such a newly issued license except for or to premises operated
as a hotel or motel containing at least 100 bona fide sleeping rooms.
[Amended 2-26-2013 by Ord. No. 2013-04]
A.
No plenary retail consumption license or plenary retail
distribution license shall be issued for or transferred to premises
within 1,000 feet of any other premises licensed under a plenary retail
consumption or plenary retail distribution license. This section shall
not prevent renewal for premises now licensed or person-to-person
transfers of such licenses. This section shall not prevent the transfer
of an existing license on a premises or structure which has been taken
for public use or destroyed to a new location within 2,000 feet of
such premises or structure.
B.
For the purposes of this section, distance shall be
measured from the nearest entrance of a premises sought to be licensed
and the nearest entrance of an existing premises in a normal way that
a pedestrian would properly walk.
A.
Hours of sale.
(1)
No licensee shall sell, serve or deliver or allow,
permit or suffer the sale, service or delivery of any alcoholic beverage
or permit the consumption of any alcoholic beverage on the licensed
premises on Monday through Friday between the hours of 2:00 a.m. and
7:00 a.m., and on Saturday and Independence Day, Labor Day and Thanksgiving
Day between the hours of 2:00 a.m. and 7:00 a.m. and on Sunday between
the hours of 2:00 a.m. and 12:00 noon.
(2)
During the hours sales are hereinabove prohibited,
the entire licensed premises shall also be closed, but this closing-of-premises
requirement shall not apply to bona fide hotels, to restaurants as
defined in N.J.S.A. 33:1-1(t) of the Revised Statutes or to other
establishments where the principal business is other than the sale
of alcoholic beverages.
B.
No licensee shall sell, serve or deliver, nor shall
any licensee suffer or permit the sale, service or delivery of, any
alcoholic beverages, directly or indirectly, on or off the licensed
premises, to any mental defective, minor, habitual drunkard or intoxicated
person, nor permit the same to congregate in or about the licensed
premises.
C.
Licensees shall be permitted to sell, serve and deliver
alcoholic beverages at all times on New Year's Day and also on Christmas
Day of each and every year.
D.
All licenses granted hereunder must be displayed conspicuously
in the licensed premises.
E.
No hostess, waitress, female entertainer or other
employee shall be served with any beverage, alcoholic or otherwise,
in any licensed premises, nor be permitted to sit at any table or
stand at any bar with any patron or person in the licensed premises.
F.
No persons shall be served in any back room or side
room which is not open to the use of the public generally. No licensee
shall rent rooms which are part of the licensed premises or which
are located in the same building in which the licensed premises are
operated. This latter provision shall not apply in the case of a bona
fide hotel or motel operated by such licensee, nor shall it be construed
to apply to rental of rooms or living quarters on a monthly or longer
term basis where such rental is otherwise permitted by law.
G.
The licensee shall maintain a quiet and orderly house
and shall not permit any immoral or indecent conduct or behavior within
the place so licensed.
H.
A copy of this article must be displayed conspicuously
in the licensed premises.
A.
Any person, firm or corporation who shall sell or deliver any alcoholic beverages without having complied with, or in violation of, any of the provisions of this article shall, upon conviction thereof, be subject to such penalties as are provided for in Chapter 1, Article III, General Penalty.
[Amended 3-23-2010 by Ord. No. 2010-11]
B.
Any license issued pursuant to this article may be
suspended or revoked for violation of any of the provisions of this
article or for violation of any of the provisions of Title 33 of the
Revised Statutes or any of the rules and regulations promulgated by
the State Commissioner of Alcoholic Beverage Control.
