Township of East Hanover, NJ Article I Licenses and Fees

§ 57-1 License required.

No person shall sell or distribute within the corporate limits of the Township any alcoholic beverages without first having obtained a license for said purpose, issued pursuant to this chapter and state law.

§ 57-2 Classes of licenses; number.

A. The classes of licenses to be issued by the Township are hereby fixed as follows:

(1) Plenary retail consumption license.

(2) Plenary retail distribution license.

(3) Club liquor license.

[Added 4-8-2013 by Ord. No. 2-2013]

B. Pursuant to N.J.S.A. 33:1-12.20, the number of plenary retail consumption licenses to be issued in the Township of East Hanover shall not affect, be counted as part of, nor prevent the issuance of a new plenary retail consumption license to a person who operates a hotel or motel containing 100 guest sleeping rooms or who may hereafter construct and establish a new hotel or motel containing at least 100 guest sleeping rooms; provided, however, that there shall be no renewal or transfer of such a new license except for or to premises operated as a hotel or motel containing at least 100 guest sleeping rooms. The purpose of this subsection is to create, pursuant to statutory law, an exclusive plenary retain consumption license issued only and governed by this subsection and that statutory criteria.

[Added 7-19-1979 by Ord. No. 22-1979]

C. Club liquor license.

[Added 4-8-2013 by Ord. No. 2-2013]

(1) Club licensed; definitions. For the purpose of this section, terms and words defined herein shall be deemed to have the meaning herein given to them and in accordance with N.J.A.C. 13:2-8.1 et seq.:

CLUB

An organization, corporation or association controlled by and consisting of 60 or more persons, of legal drinking age, operating solely for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes and not for private gain.

CLUB MEMBER

Any individual in good standing who has been admitted to voting membership in the manner regularly prescribed by the bylaws of a club, and who maintains such membership in a bona fide manner and whose name and address are entered on the list of members. No individual shall be eligible for such club membership unless he has filed written application with the appropriate body, as set forth in the club bylaws, and such application is approved by said body at least three days subsequent to the filing thereof. Persons holding limited or auxiliary club membership shall not be deemed to be club members.

GUEST OF CLUB MEMBER

An individual who is expressly invited to the club-licensed premises by an individual member of the club who is sponsored by and personally attended by the member at such premises. An individual club member may have as his guest no more than nine individuals on any one occasion unless such individuals are attending a private affair, such as a wedding, anniversary, confirmation, bar mitzvah or birthday party, honoring a spouse, child, parent, brother or sister of a club member.

(2) Club licenses; issuance requirements; regulations and restrictions.

(a) Club licenses shall be issued only to bona fide clubs. Evidence which shall be presented to the local issuing authority showing that any club or like association was purchased by any person for the purpose of acquiring a club license shall be just cause for the local issuing authority to reject an application for a club license.

(b) Except as provided herein or in N.J.A.C. 13:2-8.5, no license shall be issued to any club unless it shall have been in exclusive possession and use of a clubhouse or club quarters for at least three years continuously immediately prior to the submission of its application for a license. A bona fide club which has been in active operation in this state for the period of time required as aforesaid, but which has been deprived of continuous possession and use of its clubhouse or club quarters by reasons of foreclosure, loss of lease, eminent domain, fire, casualty or other removal for a cause other than the violation of the laws of the state or of municipal ordinance, shall not be prevented thereby from obtaining a club license upon presenting to the satisfaction of the issuing authority proof of said facts and proof that possession of suitable premises has been obtained.

(c) Notwithstanding the provisions of Subsection C(2)(b), of this section:

[1] Any constituent unit, chartered or otherwise duly enfranchised chapter or member club of a national or state order, organization or association, which is in possession of suitable premises, shall not be prevented from obtaining a club license by reason of the fact that the unit, chapter or member club has not been in active operation in this state for at least three years continuously or has not been in exclusive continuous possession and use of a clubhouse or club quarters for the same period of time, provided said unit, chapter or member club obtains from the Director, and presents to the issuing authority at or before the issuance of the license, a certificate stating that satisfactory proof has been submitted to the Director that said unit, chapter or member club has been duly credentialed by a national or state order, organization or association which has been in active operation in this state for at least three years continuously immediately prior to submission of the application for a license.

[2] Nothing in the provisions of Subsection C(2)(b) of this section and N.J.A.C. 13:2-8.3 or 13:2-8.4 shall prevent the issuance of a club license to a bona fide club, provided that special cause for such issuance is shown, in writing, to the Director, and provided that the Director's written approval of such issuance is first obtained.

(d) The holder of a club liquor license shall comply in all aspects and at all times with the provisions of N.J.A.C. 13:2-8.1 et seq., and the directives of the Division of Alcoholic Beverage Control. Failure to do so may result in the immediate revocation of said license.

§ 57-3 License fees; method of payment.

A. The annual fees for licenses shall be as set out in Chapter 79, Fees and Licenses.

[Amended 12-29-1977 by Ord. No. 40-1977; 8-17-1982 by Ord. No. 24-1982]

B. All license fees shall be paid to the Treasurer of the township in cash or by certified check.

§ 57-4 Compliance with statutory and ordinance provisions.

All premises for which a license is sought from the Township Committee shall comply with all of the laws of the State of New Jersey and of the township pertaining to sanitation and health, as well as with all of the laws of the State of New Jersey and the township now existing or hereafter adopted pertaining to the licensed premises generally and to the use and occupancy of the licensed premises.

§ 57-5 Display of license; prohibited use.

A. Before any licensee shall do business for the period of time for which the license has been issued, the licensee shall enclose the license in a suitable wood or metal frame having a clear glass space and a substantial wood or metal back so that the whole of the license may be seen therein.

B. The license shall be posted and displayed at all times in a conspicuous place in the main and principal room where the licensee's business is being carried on so that all persons visiting the licensed premises may readily see the license.

C. It shall be unlawful for any person holding a license to post the license or permit the license to be posted on premises other than the premises licensed, or on premises where traffic in alcoholic beverages is being carried on by any person other than the licensee, his servant, agent or employee.

§ 57-6 Defacement or alteration of license.

It shall be unlawful for any licensee to deface, destroy or alter the license issued by the Township Committee.