[New]
This chapter is enacted to regulate the sale
and transportation of alcoholic beverages in the Township of Deptford
in accordance with the provisions of an act of 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.
[New]
For the purpose of this chapter, words and phrases
herein shall have the same meaning as 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.
[New]
All applications for licenses, all licenses
issued and all proceedings under this chapter shall be in accordance
with the act, rules and regulations referred to in Section 6-1, and
all other applicable laws of the State of New Jersey or the United
States.
[New]
All licenses required by this chapter shall
be issued and approved by the Mayor and Township Council, which shall
also administer the provisions of this chapter.
[New]
No person shall sell or distribute alcoholic
beverages within the Township without obtaining a license in accordance
with the Act referred to in Section 6-1 and the provisions of this
chapter.
[Ord. No.
12-27-57; Ord.
No. 12-9-63; Ord.
No. 5-8-67; Ord.
No. 3-11-68; Ord.
No. 0-3-72; Ord.
No. 0-19-73; Ord.
No. 0-16-74; Ord.
No. 0-26-74; Ord.
No. 0-2-75; Ord.
No. 0-28-77; Ord.
No. 0-2-80; Ord.
No. 0-9-85, § 1; Ord. No. 0-8-86, § 1; 1967 Code
§§ 4-1 and 4-2; New; Ord. No. 0.11.94]
The annual 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
|
$1,425
|
18
|
|
Plenary Retail Distribution License
|
$595
|
3
|
|
Club License
|
$50
|
6
|
|
No seasonal retail consumption or limited retail
distribution license shall be issued in the Township at the same time.
|
|
The provisions of this subsection with respect
to the limitation on the number of licenses shall not apply to the
renewal or transfer of licenses presently issued.
|
[Ord. No.
12-27-57; Ord.
No. 0-14-76; Ord.
No. 0-1-80; Ord.
No. 0-7-81; 1967 Code § 4-3; New]
No licensee shall sell, service, deliver or
allow, permit or suffer the sale, service or delivery of an alcoholic
beverage on any day between the hours of 2:00 a.m. and 7:00 a.m. except
Sundays, Christmas Day and New Year's Day each year as hereinafter
provided.
[Ord. No.
12-27-57; Ord.
No. 0-14-76; Ord.
No. 0-1-80; Ord.
No. 0-7-81; 1967 Code § 40-3; New]
Provisions of subsections 6-4.1 shall not apply
on Saturdays. On Saturdays, no licensee shall sell, serve, deliver
or allow, permit or suffer the sale, service or delivery of an alcoholic
beverage between the hours of 3:00 a.m. and 11:00 a.m. with the exception
of New Year's Day.
[Ord. No.
12-27-57; Ord.
No. 0-14-76; Ord.
No. 00-1-80; Ord.
No. 0-7-81; 1967 Code § 4-3; New]
Provisions of subsection 6-4.1 shall not apply
on Sundays. On Sundays, no licensee shall sell, serve, deliver or
allow, permit or suffer the sale, service or delivery of an alcoholic
beverage between the hours of 3:00 a.m. and 11:00 a.m. with the exception
of New Year's Day.
[Ord. No.
12-27-57; 1967 Code § 4-3B; New]
Provisions of subsection 6-4.1 shall not apply
on December 25th. On that day, no licensee shall sell, serve, deliver
or allow, permit or suffer the sale, service or delivery of an alcoholic
beverage between the hours of 3:00 a.m. and 7:00 a.m. when it falls
on a weekday. When December 25th falls on a Sunday, no licensee shall
sell, serve, deliver or allow, permit or suffer the sale, service
or delivery of an alcoholic beverage between the hours of 3:00 a.m.
and 11:00 a.m.
[Ord. No.
12-27-57; 1967 Code § 4-3B; New]
Provisions of subsection 6-4.1 shall not apply
on January 1st. On that day no licensee shall sell, serve, delivery
or allow, permit or suffer the sale, service or delivery of any alcoholic
beverage in the licensed premises between the hours of 5:00 a.m. and
7:00 a.m. when it falls on a weekday. When January 1 falls on a Sunday,
no alcoholic beverages may be sold, served, delivered or consumed
between the hours of 5:00 a.m. and 11:00 a.m.
[Ord. No.
12-27-57; Ord.
No. 0-3-72; Ord.
No. 0-7-72; 1967 Code § 4-3C]
The licensee shall be permitted to sell, serve,
deliver or allow and permit the sale, service or delivery of alcoholic
beverages on the date of any election, subject to the restrictions
enumerated in subsection 6-4.1.
[Ord. No.
12-27-57; Ord.
No. 0-2-80; 1967 Code § 4-9]
No licensee shall serve, deliver or allow, permit
or suffer the sale, service or delivery of any alcoholic beverage,
directly or indirectly, to any person under the legal age for the
consumption of alcoholic beverages established by the State of New
Jersey for consumption or to any person actually or apparently intoxicated
or allow, permit or suffer the consumption of any alcoholic beverage
by any such person in or upon the licensed premises.
[Ord. No.
12-27-57; Ord.
No. 0-5-78; 1967 Code 4-3D; New]
a.
During the hours that the sale of alcoholic beverages
are prohibited, the entire licensed premises shall be closed with
the exception as provided in paragraph b, and no person shall be admitted
or permitted to remain thereon except the licensee or bona fide employees
of the licensee, but this closing requirement shall not apply to hotels
or to restaurants as defined in N.J.S.A. 33:1-1t.
b.
Notwithstanding the provisions of subsections 6-4.1
through 6-4.6, no licensee shall permit any patron, customer, or any
other person not employed or engaged in performing services on behalf
of any licensee to remain within any premises in which alcoholic beverages
shall be sold or otherwise dispensed later than 1/2 hour after the
designated closing hour(s) aforesaid.
[New]
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.
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.
Suspension or revocation of a license shall
be in addition to any other penalty which may be imposed for a violation
of this chapter.
[Ord. No.
12-27-57; Ord.
No. 0-13-80; 1967 Code § 4-11; New]
a.
Any person violating any of the provisions of this
chapter, upon conviction, shall be subject to the General Penalty
established in Section 1-5 of this Code.
b.
When the Municipal Court suspends the imposition of
a defendant's sentence, or a portion thereof, or sentences him
to be placed on probation, the Municipal Court may attach such reasonable
conditions authorized by N.J.S.A. 2C:45-1, including the performance
of community related services, and the imposition of conditions reasonably
related to the rehabilitation of the defendant, including but not
limited to alcoholic rehabilitation programs or other such programs
related to alcoholic education or rehabilitation.
[New]
No licensee shall sell or serve alcoholic beverages
to persons under the legal age.
[Ord. No.
12-27-57; Ord.
No. 0-2-80; 1967 Code § 4-7]
It shall be unlawful for any person to purchase
for or serve to any person who is under the legal age for the consumption
of alcoholic beverages established by the State of New Jersey any
alcoholic beverage for consumption on licensed premises.
[N.J.S.A. 33:1-81; New]
It shall be unlawful for:
a.
A person under the legal age for purchasing alcoholic
beverages to enter any premises licensed for the retail sale of alcoholic
beverages for the purpose or purchasing, or having served or delivered
to him or her, any alcoholic beverage; or
b.
A person under the legal age for purchasing alcoholic
beverages to consume any alcoholic beverage on premises licensed for
the retail sale of alcoholic beverages, or to purchase, attempt to
purchase or have another purchase for him any alcoholic beverage;
or,
c.
Any person to enter any premises licensed for the
retail sale of alcoholic beverages for the purpose of purchasing,
or to purchase alcoholic beverages, for another person who does not
because of his age have the right to purchase and consume alcoholic
beverages.
|
Any person who shall violate any of the provisions
of this section shall be deemed and adjudged to be a disorderly person,
and upon conviction thereof, shall be punished by a fine of not less
than $100. In addition, the court shall suspend the person's
license to operate a motor vehicle for six months or prohibit the
person from obtaining a license to operate a motor vehicle in this
State for six months beginning on the date he becomes eligible to
obtain a license or on the date of conviction, whichever is later.
In addition, to the general penalty prescribed for an offense, the
court may require any person under the legal age to purchase alcoholic
beverages who violates this act to participate in an alcohol education
or treatment program authorized by the Department of Health for a
period not to exceed the maximum period of confinement prescribed
by law for the offense for which the individual has been convicted.
|
