[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:
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.
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:
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. The
sale of alcoholic beverages shall be limited to facilities that provide
bona fide food services as defined herein. The term “bona fide
food services” as used in this article shall mean an establishment
regularly and substantially used for the purpose of providing on-site
prepared meals to the public, having an adequate kitchen 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. The establishment shall provide indoor table service
for not less than 75% of available seating and bar service shall not
exceed 25% of available seating. Not more than 25% of available indoor
seating shall be permitted out of doors and shall be restricted to
table service. Food service shall be available to the public during
all hours of operation. Nightclubs, discotheques, dance halls and
concert venues, and similar operations, are specifically prohibited.
Permissible establishments include restaurants (as defined in N.J.S.A.
33:1-1), sports bars and similar operations, provided that the food
service and seating restrictions are met. Catering facilities that
operate as a restaurant as defined in N.J.S.A. 33:1-1 and/or engage
in providing food service to private gatherings, such as weddings
and other private parties, are permitted.
[Amended 6-17-2021 by Ord. No. 827]
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).
[Amended 6-17-2021 by Ord. No. 827]
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), or breach
of any condition imposed on the issuance of any license.
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.
