Editor's Note: Laws concerning alcoholic beverage control are contained in Title 33 of the New Jersey Statutes. All ordinances must be in conformity with these provisions and approved by the Director of Alcoholic Beverage Control, N.J.S.A. 33:1-40. State law prescribes the types of licenses that may be issued, their number, permissible license fees and the regulation of licensed premises, N.J.S.A. 33:1-40.
[1999 Code § 5.08.010]
This chapter is for the purpose of regulating the sale and transportation of alcoholic beverages in the Township, in the County of Middlesex, in accordance with the provisions of the Act of the Legislature entitled "An Act Concerning Alcoholic Beverages," being Chapter 436 of the Laws of 1933, its supplements and amendments, and in accordance with the rules and regulations issued or to be promulgated by the State Commissioner of Alcoholic Beverage Control applicable thereto.
As used in this chapter, words and phrases herein shall have the same meanings as they have in N.J.S.A. 33:1-1 et seq., and in the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
[1999 Code § 5.08.020]
All applications for licenses under this chapter and all licenses issued thereunder and proceedings in connection therewith shall be subject to said Act referred to in Section 6-1 and said rules and regulations of the State Commissioner or Alcoholic Beverage Control of New Jersey applicable thereto, and shall be subject to any other statutes of New Jersey or of the United States now existing or hereafter enacted affecting said subject matters.
[1999 Code § 5.08.030]
The Municipal Council of the Township, being the Governing Body of the municipality, shall constitute the authority for the administration of the issuance of licenses under this chapter, and shall report the issuance of all such licenses to the State Commissioner of Alcoholic Beverage Control.
[1999 Code § 5.08.040]
It is unlawful to sell or distribute alcoholic beverages in the Township, in the County of Middlesex, without a license previously applied for and granted pursuant to the provisions of the Act referred to in Section 6-1.
[1999 Code § 5.08.050; Ord. No. O.1601-2007; Ord. No. O.1884-2014]
The annual license fee and maximum number of licenses for plenary retail consumption licenses shall be as follows:
The holder of such license shall be entitled, subject to rules and regulations, to sell for consumption on the licensed premises any alcoholic beverage by the glass or other open receptacle, and also to sell all alcoholic beverages in original containers for consumption off the licensed premises. Such license shall not permit the sale of alcoholic beverages in or on any premises in which a grocery, delicatessen, drugstore or other mercantile purpose is carried on, except the keeping of a hotel or restaurant or the sale of cigars and cigarettes at retail as an accommodation to patrons or the retail sale of nonalcoholic beverages as accessory beverages to alcoholic beverages.
Plenary retail consumption licenses issued and outstanding in the Township shall not exceed the number established in paragraph a. above, but this limitation upon the number of plenary retail consumption licenses shall not prevent the granting of a new such license to a person operating a hotel or motel containing at least one hundred (100) sleeping rooms; provided, however, that there shall be no renewal or transfer of a license issued pursuant to this section except for or to premises operated by the licensee as a hotel or motel containing at least one hundred (100) sleeping rooms.
[1999 Code § 5.08.070; Ord. No. O.1601-2007; Ord. No. O.1876-2014]
[1999 Code § 5.08.080; Ord. No. O.1601-2007]
The annual license fee for a club license shall be as follows:
The holder of such license shall be entitled, subject to rules and regulations, to sell only to bona fide club members and their guests alcoholic beverages intended for immediate consumption on the licensed premises. Club licenses shall be issued only to such corporations, associations and organizations as are operated solely for benevolent, charitable, fraternal, social, religious, recreational, athletic and similar purposes, and not for private gain, and such licenses shall be subject to the qualifications, conditions and restrictions imposed by the State Commissioner of Alcoholic Beverage Control. Each application for a club license shall set forth the names and addresses of all officers, trustees, directors or other governing officials, together with the names and addresses of all the members of the applying club, corporation or association.
[1999 Code § 5.08.150]
No alcoholic beverages shall be sold, served, consumed or delivered to a licensed premises from Monday through Thursday between the hours of 2:00 a.m. and 7:00 a.m., nor on Fridays and Saturdays between the hours of 3:00 a.m. and 7:00 a.m., nor on other Sundays between the hours of 3:00 a.m. and 12:00 noon. Except the sales shall be permitted beginning at 10:00 a.m. on the following dates:
[1999 Code § 5.08.150]
No licensee shall sell, serve or deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, nor allow the consumption of any alcoholic beverage on licensed premises on New Year's Day, when it is a Sunday, between the hours of 5:00 a.m. and 12:00 noon, sales being permissible at any time on New Year's Day when it is a weekday.
[1999 Code § 5.08.150]
During the hours sales are prohibited, the entire licensed premises shall also be closed, but this subsection shall not apply to restaurants as defined in N.J.R.S. 33:1-1, clubs as set forth in paragraph 5 of N.J.R.S. 33:1-12 or other establishments where the principal business is other than the sale of alcoholic beverages.
[1999 Code § 5.08.090]
No premises shall be licensed for the sale of alcoholic beverages at retail, to be consumed on the premises, which shall contain less than four hundred (400) square feet of floor space.
[1999 Code § 5.08.100]
All applications for licenses shall set forth, in full, answers to questions prescribed by the aforesaid Act and by the rules and regulations of the State Commissioner, and shall include declarations called for by said provisions.
[1999 Code § 5.08.110; Ord. No. O.1655-2008 § 1]
No license shall be issued to any person, firm, corporation, group or partnership not fully qualified under the provisions of the Act and the rules and regulations of the State Commissioner.
[1999 Code § 5.08.120]
All licenses shall be for a term of one (1) year from the first day of July in each year, and all fees shall be paid in advance upon presentation of the application; provided, however, that any licensee, except a seasonal retail consumption licensee, who shall voluntarily surrender his or her license, who shall not have committed any violation of this chapter or of any rule or regulation, and who shall have paid all taxes, setoffs or counter-claims that may have become due to the State of New Jersey or to the Township shall be entitled, after deduction of fifty (50%) percent of the fee as a surrender fee, to the prorated fee for the unexpired term.
[1999 Code § 5.08.180]
No license shall be issued for the sale of alcoholic beverages within two hundred (200) feet of any church or public school or private schoolhouse not conducted for pecuniary profit, except to manufacturers, wholesalers, hotels, clubs and fraternal organizations which own or are actually in possession of the licensed premises at the time of the effectiveness of the Act, and the two hundred (200) feet shall be measured in the normal way that a pedestrian would properly walk from the nearest entrance of said church or school to the nearest entrance of the premises sought to be licensed; provided, however, that this prohibition may be waived at the issuance and renewal of such license by the duly authorized Governing Body or authority of such school or church, and such waiver shall be effective until the date of the next renewal of such license, and provided also that this prohibition shall not apply to the renewal of any license where no such school or church was located within said prohibited distance of said licensed premises at the time of the issuance of such license or as otherwise excepted by the provisions of the Act.
[1999 Code § 5.08.170]
No person shall be served in any back room or side room which is not open to the use of the public generally, except that guests may be served in public dining rooms and, provided also that this prohibition shall not apply to club licenses.
[1999 Code § 5.08.140]
Every licensed premises for the sale of alcoholic beverages shall admit a view of the interior from the entrance of the licensed premises; provided, however, that curtains or other means of screening may be used on the windows or doors of the premises to the height of five (5) feet from the floor of the premises, provided that the same does not prevent an examination of the interior from the entrance by a police officer, inspector or other officer of the law.
[1999 Code § 5.08.130]
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 and 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 (5) 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.
It shall be unlawful for a person under the legal age, with exceptions as provided by law, to enter any premises licensed for the sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him any alcoholic beverage.
It shall be unlawful for a person under the legal age to consume any alcoholic beverage on premises so licensed for the retail sale of alcoholic beverages or to purchase, attempt to purchase or have another purchase for him or her any alcoholic beverage.
No person over the legal age shall procure or purchase or attempt to procure or purchase any alcoholic beverage for the purpose of distributing the same to any person under the legal age, nor shall any person over the legal age supply any person under the legal age with any alcoholic beverage or beverages. This section shall not apply as between parent and child within the confines of the home or either parent or child.
It shall be unlawful for any person under the legal age to misrepresent or misstate his/her age for the purpose of inducing any retail licensee or any employee of any retail licensee to sell, serve or deliver any alcoholic beverage to him/her.
Any parent or guardian who accompanies a person under the legal age into a premises in which alcoholic beverages are served and who permits the minor to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of the person under the legal age.
No person under the legal age shall possess, transport, deliver, serve, sell or consume any alcoholic beverage in any public place within the Township.
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 five hundred ($500.00) dollars. In addition, the Court shall suspend the person's license to operate a motor vehicle for six (6) months or prohibit the person from obtaining a license to operate a motor vehicle in this State for six (6) months beginning on the date he/she 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. (N.J.S.A. 33:1-81)