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.
[New]
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]
a.
The annual license fee and maximum number of licenses for plenary
retail consumption licenses shall be as follows:
|
Class of License
|
Annual License Fee
|
No. of Licenses
|
|---|---|---|
|
Plenary Retail Consumption
|
$2,400.00 (2008/2009)
$2,500.00 (2009/2010—2013-2014)
|
Up to maximum allowed under N.J.S.A. 33:1-12.14
|
b.
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.
c.
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]
a.
The annual license fee and maximum number of licenses for plenary
retail distribution license shall be as follows:
|
Class of License
|
Annual License Fee
|
No. of Licenses
|
|---|---|---|
|
Plenary Retail Distribution
|
$1,157.06 (2008/2009)
$1,388.47 (2009/2010)
$1,666.16 (2010/2011)
$1,999.39 (2011/2012)
$2,399.26 (2012/2013)
$2,500.00 (2013/2014)
|
Up to maximum allowed under N.J.S.A. 33:1-12.14
|
b.
The holder of such license shall be entitled, subject to rules and
regulations, to sell any alcoholic beverages for consumption off the
premises, but only in original containers.
[1999 Code § 5.08.080; Ord. No.
O.1601-2007]
a.
The annual license fee for a club license shall be as follows:
|
Class of License
|
Annual License Fee
|
|---|---|
|
Club
|
$150.00 (2008/2009—2013/2014)
|
b.
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.
[New]
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.
[New]
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.
[New]
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.
[New]
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.
[New]
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.
[New]
No person under the legal age shall possess, transport, deliver,
serve, sell or consume any alcoholic beverage in any public place
within the Township.
[New]
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)
