Township of Teaneck, NJ Article I In General

Sec. 4-1 Compliance with chapter and state law.

[R.O. 1951, Ch. 4, § 1; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

No person shall sell or distribute alcoholic beverages in the Township otherwise than as provided in this chapter and N.J.S.A. 33:1-1 et seq. and the rules and regulations promulgated by the Director of the Division of Alcoholic Beverage Control.

Sec. 4-2 Limited and seasonal licenses prohibited.

[R.O. 1951, Ch. 4, § 2]

No limited retail distribution licenses or seasonal retail consumption licenses for the distribution or sale of alcoholic beverages shall be granted.

Sec. 4-3 Club license fee.

[R.O. 1951, Ch. 4, § 3; amended by Ord. No. 1353, § 1; Ord. No. 1714, § 1; Ord. No. 3053, 9-2-1986, § 1[1]]

All fees are contained in Appendix III of Chapter 2.

[1] Editor's Note: This section was also amended pursuant to Ord. No. 3246, 2-12-1989.

Sec. 4-4 Times when premises required to be closed. [1]

[R.O. 1951, Ch. 4, § 9; amended by Ord. No. 2007, 10-25-1983, § 1; Ord. No. 2012, 12-6-1983, § 1; Ord. No. 2033, 5-15-1984, § 1; Ord. No. 3238, 11-14-1989, § 1; Ord. No. 3353, 3-23-1993, § 1; Ord. No. 3400, 8-23-1994, § 1]

(a) All premises licensed under this chapter shall, subject to any state laws or regulations that may supersede local ordinance, be closed between the hours of 3:00 a.m. and 12:00 noon on Sunday, and between the hours of 2:00 a.m. and 6:00 a.m. on all other days, except when the following holidays occur on a Sunday or the following Monday, in which event Sunday closing hours shall be between 3:00 a.m. and 6:00 a.m. on the Sunday of, or before, the specified holiday, except on New Year's Day, when the closing hour shall be extended to 5:00 a.m. of January 1.

[Amended by Ord. No. 6-2015, 2-10-2015]

Martin Luther King Jr.'s Birthday

Lincoln's Birthday

Asian Lunar New Year

Presidents Day

Ash Wednesday

Purim

Passover

Holy Thursday

Holy Thursday (Orthodox)

Good Friday

Good Friday (Orthodox)

Solemnity of Ascension

Shavuot

Memorial Day

Independence Day, July 4 and the federally observed holiday

Feast of Assumption

Labor Day

Rosh Hashanah, first day and second day

Yom Kippur

Succoth

Shemini Atzereth

Simchas Torah

Columbus Day

Idul-Fitr (3 days)

All Saints Day

General election day

Diwali

Veterans' Day, November 11 and the federally observed holiday

Thanksgiving Day

Day after Thanksgiving Day

Immaculate Conception

Idul-Adha (3 days)

Chanukah

Christmas Day and the federally observed holiday

Kwanzaa

(b) During the hours when the sale, consumption or distribution of alcoholic beverages is prohibited, no person shall be admitted or permitted to remain on the licensed premises except the licensee, his employees, including any person temporarily employed for necessary construction, alteration or repairs, and officers of the law duly authorized to enforce Township, state or federal regulations regarding the sale of alcoholic beverages or to make investigations relative thereto.

(c) The foregoing, however, shall be limited in its application in respect to hotels, motels, bona fide restaurants (as defined in N.J.S.A. 33:1-1), drugstores, bowling alleys and supermarkets, wherein the licensed premises may be kept open so that its principal business other than the sale of alcoholic beverages may be permitted; provided, however, that by the above-stated closing hours, all bottles, containers, drinks and glasses, etc., shall be removed and returned to the bar. The contents of the bar shall be closed to the public in accordance with the following regulations:

(1) All bar tops and counters within the establishment will be clear of bottles, glasses or any other beverage container.

(2) Any stools around the bar will either be placed upon the bar or removed from in front of the bar.

(3) At the time of closing, no alcoholic beverage will be permitted either on tables or counters which are accessible to the public. Any drink, even if not fully consumed at the time of closing, is to be removed from the aforementioned areas.

(4) No illuminated signs shall be lit which advertise any alcoholic beverage, including those which may be placed in the windows, after the times where sales are permitted.

(5) At all times when the establishment is open or closed and occupied, a police officer will be permitted access to all areas where liquor is sold or stored for purposes of enforcing the alcoholic beverage laws.

(d) The hours stated in this section shall be considered to indicate standard time or daylight saving time during such period when either shall be in effect in the Township.

[1] Editor's Note: For state law as to authority of Township to regulate hours of sale, see N.J.S.A. 33:1-40.

Sec. 4-5 Possession and consumption of alcoholic beverages by underage persons.

[Ord. No. 3684, 8-21-2001, § 1]

(a) Any person under the legal age to purchase alcoholic beverages who, without legal authority, knowingly possesses or knowingly consumes any alcoholic beverage in or on any school property, public conveyance, public place or place of public assembly or on private property shall be in violation of this article. Upon conviction, such underage person shall be subject to a fine of $250 for a first offense and $350 for any subsequent offense.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(b) This article shall not apply to persons under the legal age to purchase alcoholic beverages who possess or consume alcoholic beverages in the presence of and with the permission of the parent, legal guardian or relative who has attained the legal age to purchase and consume alcoholic beverages or possess or consume alcoholic beverages in connection with a religious observance, ceremony, or rite. This article shall also not apply to possession of an alcoholic beverage by an underage person employed by an alcoholic beverage licensee in the course of performing employment duties 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 postsecondary educational institution.

(c) As used in this article, the following words shall have the meanings indicated:

GUARDIAN

A person who has qualified as a guardian of the underage person pursuant to testamentary or court appointment.

RELATIVE

The underage person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.

Sec. 4-5.1 Exemption from prosecution.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(a) An underage person and one or two other persons acting in concert with the underage person shall be immune from prosecution under § 4-5 if:

(1) One of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption;

(2) The underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator;

(3) The underage person was the first person to make the 9-1-1 report; and

(4) The underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene.

(b) The underage person who received medical assistance as provided in Subsection A of this section also shall be immune from prosecution under § 4-5.