Township of Upper Deerfield, NJ
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Upper Deerfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreational areas — See Ch. 287.
[Adopted 9-7-1995 by Ord. No. 441 (Ch. 34, Art. I, of the 1977 Township Code)]
No person shall serve, sell, dispense, drink or consume any alcoholic beverage on any public street, highway, avenue, alley or road of the Township of Upper Deerfield or upon any public grounds, parks, sidewalks or in any automobile or other vehicle or any other means of transportation while on the public streets, highways, alleys, avenues, public grounds, parks or sidewalks, except as hereinafter provided.
No person shall possess any open bottle, can or container which contains any alcoholic beverage of any kind whatsoever on any public street, highway, avenue, alley or road of the Township of Upper Deerfield or upon any public grounds, parks, sidewalks or in any public buildings or in any automobile or other vehicle or any other means of transportation while on the public streets, highways, alleys, avenues, public grounds, buildings, parks or sidewalks of the Township of Upper Deerfield.
[Added 5-5-2011 by Ord. No. 669]
Any person who shall violate any of the provisions of this article shall, upon conviction in the Municipal Court of the Township of Upper Deerfield or any other court having jurisdiction pursuant to law, be subject to a fine not exceeding $2,000, or imprisonment in the county jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof.
[Adopted 2-18-2016 by Ord. No. 737]
A. 
License required. It shall be unlawful to sell or distribute alcoholic beverages within Upper Deerfield Township, Cumberland County, New Jersey (hereafter called "Township") without a license.
B. 
Issuing authority. The Township Committee of the Township shall constitute the authority for the administration of the issuance of licenses hereunder, and the Township Clerk is authorized and empowered to issue licenses and license renewals for the sale and distribution of alcoholic beverages in the Township when such licenses shall have been approved.
The classes of licenses to be issued hereunder by the Township are hereby fixed as follows:
A. 
Plenary retail consumption license.
B. 
Plenary retail distribution license.
The maximum number of plenary retail consumption licenses and plenary retail distribution licenses to be granted and issued by the Township shall be as follows:
A. 
Plenary retail consumption license: two.
B. 
Plenary retail distribution license: one.
A. 
The annual fees for plenary retail consumption and plenary retail distribution licenses shall be $2,500 per year.
B. 
The respective fees for any such licenses shall be prorated according to the date of license, based on the annual fee.
A. 
The holder of a plenary retail consumption license shall not sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of, any alcoholic beverages, or allow, permit or suffer the consumption of any alcoholic beverage on the licensed premises between the following hours on the following days:
(1) 
Between the hours of 1:00 a.m. and 11:00 a.m.
(2) 
On New Year's Day between the hours of 2:00 a.m. and 11:00 a.m.
B. 
The holder of a plenary retail distribution license shall not sell, serve or deliver, or allow, permit or suffer the sale, service or delivery of, any alcoholic beverages between the hours of 10:00 p.m. and 9:00 a.m. on any day.
C. 
All the designations herein set forth are intended to mean prevailing time. The entire licensed premises shall be closed during the hours in which sales, service, delivery and consumption of alcoholic beverages are prohibited, except that restaurant table seating may be open for the sale and service of prepared meals between the hours of 6:00 a.m. and 11:00 a.m.
D. 
Pursuant to a resolution duly enacted, the Township Committee of the Township may permit the sale of alcoholic beverages during times and under conditions not otherwise permitted in Subsection A of this section. A waiver of the hours of sale may be granted in the sole discretion of the Township for special reasons and for good cause shown, such as but not limited to the fact that in certain years traditional holidays occur on days or dates during which the sale of alcoholic beverages is by this article limited or prohibited, or for certain special events that might warrant a change in the limitation of hours. Any resolution authorizing a change in the hours of sale or in the closing of licensed premises shall be duly adopted by a majority vote of the Township Committee. Any such resolution shall be duly advertised at least 10 days prior to the date fixed for its adoption so as to afford notice to interested parties who may wish to be heard.
A. 
The holder of a plenary retail consumption license shall be entitled, subject to rules and regulations of the Township and of the State of New Jersey and the limitations set forth in this article, to sell alcoholic beverages for consumption on the licensed premises on which the licensee operates a bona fide restaurant. The term "bona fide restaurant" as used in this article shall mean an establishment regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of food for its customers and in which no other business, except such as is incidental to such establishment, is conducted.
B. 
The holder of a plenary retail distribution license shall be entitled, subject to rules and regulations of the Township and of the State of New Jersey, to sell alcoholic beverages for consumption off the licensed premises but only in original containers.
All licenses under this article shall comply at all times with all rules and regulations issued by the State Commissioner of Alcoholic Beverage Control (N.J.A.C. 13:2-1 et seq., as amended) and the statutes in such case made and provided (N.J.S.A. 33:1-1 et seq., as amended).
In addition to penalties provided herein, any license issued pursuant to this article may be suspended or revoked for violation of any provision of this article or for violation of any provision of the Revised Statutes (N.J.S.A. 33:1-1 et seq., as amended) or any of the rules and regulations issued by the Commissioner of Alcoholic Beverage Control (N.J.A.C. 13:2-1 et seq., as amended).
Nothing contained in this article shall be construed to limit or prohibit the issuance and use of special permits as such are permitted by N.J.S.A. 33:1-74, and the Municipal Clerk shall be authorized to execute such documentation as may be required by state statute and state regulation.
Nothing contained herein shall be construed to prohibit the owner or operator of a restaurant from allowing his/hers/its customers from bringing their own beer and wine and consuming beer or wine in any unlicensed premises as is permitted by N.J.S.A. 2C:33-27.
A violation of any provision of the article, or of any statute, or state rule or regulation shall be subject to the penalties set forth in the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.